H.B. No. 3637
AN ACT
relating to filing fees in civil actions and proceedings and the use
of those fees, to costs on conviction in certain courts, to money
paid into the registry of a court in certain counties, and to the
appointment of counsel in certain suits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0169 to read as
follows:
Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT
TECHNOLOGY FUND. (a) A defendant convicted of a criminal offense in
a county court, statutory county court, or district court shall pay
a $4 county and district court technology fee as a cost of court.
(b) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(c) The clerks of the courts described by Subsection (a)
shall collect the costs and pay them to the county treasurer or to
any other official who discharges the duties commonly delegated to
the county treasurer, as appropriate, for deposit in a fund to be
known as the county and district court technology fund.
(d) A fund designated by this article may be used only to
finance:
(1) the cost of continuing education and training for
county court, statutory county court, or district court judges and
clerks regarding technological enhancements for those courts; and
(2) the purchase and maintenance of technological
enhancements for a county court, statutory county court, or
district court, including:
(A) computer systems;
(B) computer networks;
(C) computer hardware;
(D) computer software;
(E) imaging systems;
(F) electronic kiosks; and
(G) docket management systems.
(e) The county and district court technology fund shall be
administered by or under the direction of the commissioners court
of the county.
SECTION 2. Section 117.111, Local Government Code, is
amended to read as follows:
Sec. 117.111. SUBCHAPTER APPLICABLE TO COUNTY WITH
POPULATION OF 1.3 [2.4] MILLION OR MORE. This subchapter applies
only to a county with a population of 1.3 [2.4] million or more.
SECTION 3. The heading to Subchapter E, Chapter 117, Local
Government Code, is amended to read as follows:
SUBCHAPTER E. SPECIAL PROVISIONS APPLYING TO FUNDS PAID INTO COURT
REGISTRY IN COUNTY WITH POPULATION OF MORE THAN 1.3 [2.4] MILLION
SECTION 4. Section 133.152(a), Local Government Code, is
amended to read as follows:
(a) In addition to other fees collected under Section
133.151(a) or otherwise authorized or required by law, the clerk of
a district court shall collect the following fees on the filing of
any civil action or proceeding requiring a filing fee, including an
appeal, and on the filing of any counterclaim, cross-action,
intervention, interpleader, or third-party action requiring a
filing fee:
(1) $5 in family law cases and proceedings as defined
by Section 25.0002, Government Code; and
(2) $10 in any case other than a case described by
Subdivision (1).
SECTION 5. Section 133.153(a), Local Government Code, is
amended to read as follows:
(a) In addition to other fees authorized or required by law,
the clerk of a court other than a district court, the courts of
appeals, or the supreme court shall collect the following fees on
the filing of any civil action or proceeding requiring a filing fee,
including an appeal, and on the filing of any counterclaim,
cross-action, intervention, interpleader, or third-party action
requiring a filing fee:
(1) $10 [$5] for statutory and constitutional county
courts; and
(2) $6 [$2] for justice of the peace courts.
SECTION 6. Subchapter A, Chapter 25, Government Code, is
amended by adding Section 25.0020 to read as follows:
Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
(a) On a written application of any party to an eviction suit, the
county court or county court at law in which an appeal of the suit is
filed may appoint any qualified attorney who is willing to provide
pro bono services in the matter or counsel from a list provided by a
pro bono legal services program of counsel willing to be appointed
to handle appeals under this section to attend to the cause of a
party who:
(1) was in possession of the residence at the time the
eviction suit was filed in the justice court; and
(2) has perfected the appeal on a pauper's affidavit
approved in accordance with Rule 749a, Texas Rules of Civil
Procedure.
(b) The appointed counsel shall represent the individual in
the proceedings of the suit in the county court or county court at
law. At the conclusion of those proceedings, the appointment
terminates.
(c) The court may terminate representation appointed under
this section for cause.
(d) Appointed counsel may not receive attorney's fees
unless the recovery of attorney's fees is provided for by contract,
statute, common law, court rules, or other regulations. The county
is not responsible for payment of attorney's fees to appointed
counsel.
(e) The court shall provide for a method of service of
written notice on the parties to an eviction suit of the right to
request an appointment of counsel on perfection of appeal on
approval of a pauper's affidavit.
SECTION 7. Subchapter A, Chapter 26, Government Code, is
amended by adding Section 26.010 to read as follows:
Sec. 26.010. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
(a) On a written application of any party to an eviction suit, the
county court or county court at law in which an appeal of the suit is
filed may appoint any qualified attorney who is willing to provide
pro bono services in the matter or counsel from a list provided by a
pro bono legal services program of counsel willing to be appointed
to handle appeals under this section to attend to the cause of a
party who:
(1) was in possession of the residence at the time the
eviction suit was filed in the justice court; and
(2) has perfected the appeal on a pauper's affidavit
approved in accordance with Rule 749a, Texas Rules of Civil
Procedure.
(b) The appointed counsel shall represent the individual in
the proceedings of the suit in the county court or county court at
law. At the conclusion of those proceedings, the appointment
terminates.
(c) The court may terminate representation appointed under
this section for cause.
(d) Appointed counsel may not receive attorney's fees
unless the recovery of attorney's fees is provided for by contract,
statute, common law, court rules, or other regulations. The county
is not responsible for payment of attorney's fees to appointed
counsel.
(e) The court shall provide for a method of service of
written notice on the parties to an eviction suit of the right to
request an appointment of counsel on perfection of appeal on
approval of a pauper's affidavit.
SECTION 8. Subchapter H, Chapter 51, Government Code, is
amended by adding Section 51.708 to read as follows:
Sec. 51.708. ADDITIONAL FILING FEE FOR CIVIL CASES IN
CERTAIN COURTS. (a) In addition to all other fees authorized or
required by other law, the clerk of a county court, statutory county
court, or district court shall collect a filing fee of not more than
$10 in each civil case filed in the court to be used for court record
preservation for the courts in the county.
(b) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(c) The clerk at least monthly shall send the fees collected
under this section to the county treasurer or to any other official
who discharges the duties commonly assigned to the county
treasurer. The treasurer or other official shall deposit the fees
in a court record preservation account in the county treasury. The
money in the account may be used only to digitize court records and
preserve the records from natural disasters.
(d) The court record preservation account shall be
administered by or under the direction of the commissioners court
of the county.
SECTION 9. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06117 to read as follows:
Sec. 101.06117. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court shall collect an additional
filing fee not to exceed $10 under Section 51.708, Government Code,
in certain civil cases to fund the preservation of court records.
SECTION 10. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08115 to read as follows:
Sec. 101.08115. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect an additional filing fee not to exceed $10 under Section
51.708, Government Code, in certain civil cases to fund the
preservation of court records.
SECTION 11. (a) Section 101.0814, Government Code, is
amended to conform to the amendments made to Section 101.081,
Government Code, by Chapter 399 (S.B. 819), Acts of the 80th
Legislature, Regular Session, 2007, and to conform to the
amendments made to Section 101.083, Government Code, by Chapter
1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL
GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Local Government Code as follows:
(1) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(2) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. [after the 120th day after the date of the initial filing of
the action (Sec.] 118.052 and 118.056(d), Local Government Code)
. . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(5) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $10 [$5];
(6) on the filing of a civil suit, an additional filing
fee to be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37];
(7) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(8) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(9) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20; and
(10) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35.
(b) Section 101.083, Government Code, is repealed.
SECTION 12. Section 101.1013, Government Code, is amended
to conform to the amendments made to Section 101.101, Government
Code, by Chapter 399 (S.B. 819), Acts of the 80th Legislature,
Regular Session, 2007, and is further amended to read as follows:
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS:
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Local Government Code as follows:
(1) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code). . . $10 [$5];
(2) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. [after the 120th day after the date of the initial filing of
the action (Sec.] 118.052 and 118.056(d), Local Government Code)
. . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code). . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
(5) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35.
SECTION 13. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12124 to read as follows:
Sec. 101.12124. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
CODE. The clerk of a county court shall collect an additional
filing fee not to exceed $10 under Section 51.708, Government Code,
in certain civil cases to fund the preservation of court records.
SECTION 14. (a) Section 101.1214, Government Code, is
amended to conform to the amendments made to Section 101.121,
Government Code, by Chapter 399 (S.B. 819), Acts of the 80th
Legislature, Regular Session, 2007, and to conform to the
amendments made to Section 101.123, Government Code, by Chapter
1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
GOVERNMENT CODE. The clerk of a county court shall collect the
following fees and costs under the Local Government Code:
(1) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(2) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. [after the 120th day after the date of the initial filing of
the action (Sec.] 118.052 and 118.056(d), Local Government Code)
. . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; and
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk's certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(5) deposit on filing petition requesting permission
to create a municipal civic center authority (Sec. 281.013, Local
Government Code) . . . $200;
(6) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(7) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(8) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20;
(9) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(10) additional filing fee for filing any civil action
or proceeding requiring a filing fee, including an appeal, and on
the filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $10 [$5]; and
(11) on the filing of a civil suit an additional filing
fee to be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37].
(b) Section 101.123, Government Code, is repealed.
SECTION 15. Section 101.141(b), Government Code, as amended
by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, is amended to conform to the amendments made to
Section 101.141(a), Government Code, by Chapter 1046 (H.B. 2094),
Acts of the 80th Legislature, Regular Session, 2007, and is further
amended to read as follows:
(b) A clerk of a justice court shall collect fees and costs
under other laws as follows:
(1) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15; and
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $6 [$2];
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; and
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 2308.457, Occupations [685.008, Transportation] Code) . . .
$20.
SECTION 16. (a) Section 102.041, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
Session, 2007, to Section 102.041, Government Code, and is further
amended to read as follows:
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee (Art.
102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(6) [(5)] a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) . . . $3; and
(7) [(6)] a juvenile delinquency prevention and
graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) . . . $50 [$5].
(b) Section 102.041, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.041, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 17. (a) Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, is amended to conform to the
amendments made to Section 102.061, Government Code, by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee (Art.
102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) [(5)] a juvenile delinquency prevention and
graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) . . . $50 [$5]; and
(7) [(6)] a juvenile case manager fee (Art. 102.0174,
Code of Criminal Procedure) . . . not to exceed $5.
(b) Section 102.061, Government Code, as amended by Chapter
1053, Acts of the 80th Legislature, Regular Session, 2007, is
repealed. Section 102.061, Government Code, as reenacted and
amended by Chapter 921, Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 18. (a) Section 102.081, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
Acts of the 80th Legislature, Regular Session, 2007, and is further
amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a county and district court technology fee (Art.
102.0169, Code of Criminal Procedure) . . . $4;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) [(5)] a juvenile delinquency prevention and
graffiti eradication fee (Art. 102.0171, Code of Criminal
Procedure) . . . $50 [$5]; and
(7) [(6)] a juvenile case manager fee (Art. 102.0174,
Code of Criminal Procedure) . . . not to exceed $5.
(b) Section 102.081, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.081, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 19. The change in law made by this Act in adding
Sections 25.0020 and 26.010, Government Code, applies only to an
eviction suit filed on or after the effective date of this Act. A
suit filed before the effective date of this Act is governed by the
law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 20. The change in law made by this Act in adding
Article 102.0169, Code of Criminal Procedure, applies only to a
cost on conviction for an offense committed on or after the
effective date of this Act. A cost on conviction for an offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 21. The changes in law made by this Act apply only
to a fee that becomes payable on or after the effective date of this
Act. A fee that becomes payable before the effective date of this
Act is governed by the law in effect when the fee became payable,
and the former law is continued in effect for that purpose.
SECTION 22. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3637 was passed by the House on May 6,
2009, by the following vote: Yeas 133, Nays 9, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3637 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3637 on May 31, 2009, by the following vote: Yeas 117,
Nays 26, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3637 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3637 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor