TX
Texas House Bill HB3637

Texas 2009 - 81st Regular

Texas House Bill HB3637 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 H.B. No. 3637
22
33
44 AN ACT
55 relating to filing fees in civil actions and proceedings and the use
66 of those fees, to costs on conviction in certain courts, to money
77 paid into the registry of a court in certain counties, and to the
88 appointment of counsel in certain suits.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter A, Chapter 102, Code of Criminal
1111 Procedure, is amended by adding Article 102.0169 to read as
1212 follows:
1313 Art. 102.0169. COURT COSTS; COUNTY AND DISTRICT COURT
1414 TECHNOLOGY FUND. (a) A defendant convicted of a criminal offense in
1515 a county court, statutory county court, or district court shall pay
1616 a $4 county and district court technology fee as a cost of court.
1717 (b) In this article, a person is considered convicted if:
1818 (1) a sentence is imposed on the person;
1919 (2) the person receives community supervision,
2020 including deferred adjudication; or
2121 (3) the court defers final disposition of the person's
2222 case.
2323 (c) The clerks of the courts described by Subsection (a)
2424 shall collect the costs and pay them to the county treasurer or to
2525 any other official who discharges the duties commonly delegated to
2626 the county treasurer, as appropriate, for deposit in a fund to be
2727 known as the county and district court technology fund.
2828 (d) A fund designated by this article may be used only to
2929 finance:
3030 (1) the cost of continuing education and training for
3131 county court, statutory county court, or district court judges and
3232 clerks regarding technological enhancements for those courts; and
3333 (2) the purchase and maintenance of technological
3434 enhancements for a county court, statutory county court, or
3535 district court, including:
3636 (A) computer systems;
3737 (B) computer networks;
3838 (C) computer hardware;
3939 (D) computer software;
4040 (E) imaging systems;
4141 (F) electronic kiosks; and
4242 (G) docket management systems.
4343 (e) The county and district court technology fund shall be
4444 administered by or under the direction of the commissioners court
4545 of the county.
4646 SECTION 2. Section 117.111, Local Government Code, is
4747 amended to read as follows:
4848 Sec. 117.111. SUBCHAPTER APPLICABLE TO COUNTY WITH
4949 POPULATION OF 1.3 [2.4] MILLION OR MORE. This subchapter applies
5050 only to a county with a population of 1.3 [2.4] million or more.
5151 SECTION 3. The heading to Subchapter E, Chapter 117, Local
5252 Government Code, is amended to read as follows:
5353 SUBCHAPTER E. SPECIAL PROVISIONS APPLYING TO FUNDS PAID INTO COURT
5454 REGISTRY IN COUNTY WITH POPULATION OF MORE THAN 1.3 [2.4] MILLION
5555 SECTION 4. Section 133.152(a), Local Government Code, is
5656 amended to read as follows:
5757 (a) In addition to other fees collected under Section
5858 133.151(a) or otherwise authorized or required by law, the clerk of
5959 a district court shall collect the following fees on the filing of
6060 any civil action or proceeding requiring a filing fee, including an
6161 appeal, and on the filing of any counterclaim, cross-action,
6262 intervention, interpleader, or third-party action requiring a
6363 filing fee:
6464 (1) $5 in family law cases and proceedings as defined
6565 by Section 25.0002, Government Code; and
6666 (2) $10 in any case other than a case described by
6767 Subdivision (1).
6868 SECTION 5. Section 133.153(a), Local Government Code, is
6969 amended to read as follows:
7070 (a) In addition to other fees authorized or required by law,
7171 the clerk of a court other than a district court, the courts of
7272 appeals, or the supreme court shall collect the following fees on
7373 the filing of any civil action or proceeding requiring a filing fee,
7474 including an appeal, and on the filing of any counterclaim,
7575 cross-action, intervention, interpleader, or third-party action
7676 requiring a filing fee:
7777 (1) $10 [$5] for statutory and constitutional county
7878 courts; and
7979 (2) $6 [$2] for justice of the peace courts.
8080 SECTION 6. Subchapter A, Chapter 25, Government Code, is
8181 amended by adding Section 25.0020 to read as follows:
8282 Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
8383 (a) On a written application of any party to an eviction suit, the
8484 county court or county court at law in which an appeal of the suit is
8585 filed may appoint any qualified attorney who is willing to provide
8686 pro bono services in the matter or counsel from a list provided by a
8787 pro bono legal services program of counsel willing to be appointed
8888 to handle appeals under this section to attend to the cause of a
8989 party who:
9090 (1) was in possession of the residence at the time the
9191 eviction suit was filed in the justice court; and
9292 (2) has perfected the appeal on a pauper's affidavit
9393 approved in accordance with Rule 749a, Texas Rules of Civil
9494 Procedure.
9595 (b) The appointed counsel shall represent the individual in
9696 the proceedings of the suit in the county court or county court at
9797 law. At the conclusion of those proceedings, the appointment
9898 terminates.
9999 (c) The court may terminate representation appointed under
100100 this section for cause.
101101 (d) Appointed counsel may not receive attorney's fees
102102 unless the recovery of attorney's fees is provided for by contract,
103103 statute, common law, court rules, or other regulations. The county
104104 is not responsible for payment of attorney's fees to appointed
105105 counsel.
106106 (e) The court shall provide for a method of service of
107107 written notice on the parties to an eviction suit of the right to
108108 request an appointment of counsel on perfection of appeal on
109109 approval of a pauper's affidavit.
110110 SECTION 7. Subchapter A, Chapter 26, Government Code, is
111111 amended by adding Section 26.010 to read as follows:
112112 Sec. 26.010. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
113113 (a) On a written application of any party to an eviction suit, the
114114 county court or county court at law in which an appeal of the suit is
115115 filed may appoint any qualified attorney who is willing to provide
116116 pro bono services in the matter or counsel from a list provided by a
117117 pro bono legal services program of counsel willing to be appointed
118118 to handle appeals under this section to attend to the cause of a
119119 party who:
120120 (1) was in possession of the residence at the time the
121121 eviction suit was filed in the justice court; and
122122 (2) has perfected the appeal on a pauper's affidavit
123123 approved in accordance with Rule 749a, Texas Rules of Civil
124124 Procedure.
125125 (b) The appointed counsel shall represent the individual in
126126 the proceedings of the suit in the county court or county court at
127127 law. At the conclusion of those proceedings, the appointment
128128 terminates.
129129 (c) The court may terminate representation appointed under
130130 this section for cause.
131131 (d) Appointed counsel may not receive attorney's fees
132132 unless the recovery of attorney's fees is provided for by contract,
133133 statute, common law, court rules, or other regulations. The county
134134 is not responsible for payment of attorney's fees to appointed
135135 counsel.
136136 (e) The court shall provide for a method of service of
137137 written notice on the parties to an eviction suit of the right to
138138 request an appointment of counsel on perfection of appeal on
139139 approval of a pauper's affidavit.
140140 SECTION 8. Subchapter H, Chapter 51, Government Code, is
141141 amended by adding Section 51.708 to read as follows:
142142 Sec. 51.708. ADDITIONAL FILING FEE FOR CIVIL CASES IN
143143 CERTAIN COURTS. (a) In addition to all other fees authorized or
144144 required by other law, the clerk of a county court, statutory county
145145 court, or district court shall collect a filing fee of not more than
146146 $10 in each civil case filed in the court to be used for court record
147147 preservation for the courts in the county.
148148 (b) Court fees due under this section shall be collected in
149149 the same manner as other fees, fines, or costs are collected in the
150150 case.
151151 (c) The clerk at least monthly shall send the fees collected
152152 under this section to the county treasurer or to any other official
153153 who discharges the duties commonly assigned to the county
154154 treasurer. The treasurer or other official shall deposit the fees
155155 in a court record preservation account in the county treasury. The
156156 money in the account may be used only to digitize court records and
157157 preserve the records from natural disasters.
158158 (d) The court record preservation account shall be
159159 administered by or under the direction of the commissioners court
160160 of the county.
161161 SECTION 9. Subchapter D, Chapter 101, Government Code, is
162162 amended by adding Section 101.06117 to read as follows:
163163 Sec. 101.06117. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
164164 CODE. The clerk of a district court shall collect an additional
165165 filing fee not to exceed $10 under Section 51.708, Government Code,
166166 in certain civil cases to fund the preservation of court records.
167167 SECTION 10. Subchapter E, Chapter 101, Government Code, is
168168 amended by adding Section 101.08115 to read as follows:
169169 Sec. 101.08115. ADDITIONAL STATUTORY COUNTY COURT FEES:
170170 GOVERNMENT CODE. The clerk of a statutory county court shall
171171 collect an additional filing fee not to exceed $10 under Section
172172 51.708, Government Code, in certain civil cases to fund the
173173 preservation of court records.
174174 SECTION 11. (a) Section 101.0814, Government Code, is
175175 amended to conform to the amendments made to Section 101.081,
176176 Government Code, by Chapter 399 (S.B. 819), Acts of the 80th
177177 Legislature, Regular Session, 2007, and to conform to the
178178 amendments made to Section 101.083, Government Code, by Chapter
179179 1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,
180180 2007, and is further amended to read as follows:
181181 Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL
182182 GOVERNMENT CODE. The clerk of a statutory county court shall
183183 collect fees and costs under the Local Government Code as follows:
184184 (1) additional filing fee to fund contingency fund for
185185 liability insurance, if authorized by the county commissioners
186186 court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
187187 (2) civil court actions (Sec. 118.052, Local
188188 Government Code):
189189 (A) filing of original action (Secs. 118.052 and
190190 118.053, Local Government Code):
191191 (i) garnishment after judgment (Sec.
192192 118.052, Local Government Code) . . . $15; and
193193 (ii) all others (Sec. 118.052, Local
194194 Government Code) . . . $40;
195195 (B) filing of action other than original (Secs.
196196 118.052 and 118.054, Local Government Code) . . . $30; and
197197 (C) services rendered after judgment in original
198198 action (Secs. 118.052 and 118.0545, Local Government Code):
199199 (i) abstract of judgment (Sec. 118.052,
200200 Local Government Code) . . . $5; and
201201 (ii) execution, order of sale, writ, or
202202 other process (Sec. 118.052, Local Government Code) . . . $5;
203203 (3) probate court actions (Sec. 118.052, Local
204204 Government Code):
205205 (A) probate original action (Secs. 118.052 and
206206 118.055, Local Government Code):
207207 (i) probate of a will with independent
208208 executor, administration with will attached, administration of an
209209 estate, guardianship or receivership of an estate, or muniment of
210210 title (Sec. 118.052, Local Government Code) . . . $40;
211211 (ii) community survivors (Sec. 118.052,
212212 Local Government Code) . . . $40;
213213 (iii) small estates (Sec. 118.052, Local
214214 Government Code) . . . $40;
215215 (iv) declarations of heirship (Sec.
216216 118.052, Local Government Code) . . . $40;
217217 (v) mental health or chemical dependency
218218 services (Sec. 118.052, Local Government Code) . . . $40; and
219219 (vi) additional, special fee (Secs. 118.052
220220 and 118.064, Local Government Code) . . . $5;
221221 (B) services in pending probate action (Secs.
222222 118.052 and 118.056, Local Government Code):
223223 (i) filing an inventory and appraisement
224224 (Secs. [after the 120th day after the date of the initial filing of
225225 the action (Sec.] 118.052 and 118.056(d), Local Government Code)
226226 . . . $25;
227227 (ii) approving and recording bond (Sec.
228228 118.052, Local Government Code) . . . $3;
229229 (iii) administering oath (Sec. 118.052,
230230 Local Government Code) . . . $2;
231231 (iv) filing annual or final account of
232232 estate (Sec. 118.052, Local Government Code) . . . $25;
233233 (v) filing application for sale of real or
234234 personal property (Sec. 118.052, Local Government Code) . . . $25;
235235 (vi) filing annual or final report of
236236 guardian of a person (Sec. 118.052, Local Government Code) . . .
237237 $10; and
238238 (vii) filing a document not listed under
239239 this paragraph after the filing of an order approving the inventory
240240 and appraisement or after the 120th day after the date of the
241241 initial filing of the action, whichever occurs first (Secs. 118.052
242242 and 191.007, Local Government Code), if more than 25 pages . . .
243243 $25;
244244 (C) adverse probate action (Secs. 118.052 and
245245 118.057, Local Government Code) . . . $40; and
246246 (D) claim against estate (Secs. 118.052 and
247247 118.058, Local Government Code) . . . $2;
248248 (4) other fees (Sec. 118.052, Local Government Code):
249249 (A) issuing document (Secs. 118.052 and 118.059,
250250 Local Government Code):
251251 (i) original document and one copy (Sec.
252252 118.052, Local Government Code) . . . $4; and
253253 (ii) each additional set of an original and
254254 one copy (Sec. 118.052, Local Government Code) . . . $4;
255255 (B) certified papers (Secs. 118.052 and 118.060,
256256 Local Government Code):
257257 (i) for the clerk's certificate (Sec.
258258 118.052, Local Government Code) . . . $5; and
259259 (ii) a fee per page or part of a page (Sec.
260260 118.052, Local Government Code) . . . $1;
261261 (C) noncertified papers, for each page or part of
262262 a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
263263 $1;
264264 (D) letters testamentary, letter of
265265 guardianship, letter of administration, or abstract of judgment
266266 (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
267267 (E) safekeeping of wills (Secs. 118.052 and
268268 118.062, Local Government Code) . . . $5;
269269 (F) mail service of process (Secs. 118.052 and
270270 118.063, Local Government Code) . . . same as sheriff; and
271271 (G) records management and preservation fee
272272 (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
273273 . . . $5;
274274 (5) additional filing fee for filing any civil action
275275 or proceeding requiring a filing fee, including an appeal, and on
276276 the filing of any counterclaim, cross-action, intervention,
277277 interpleader, or third-party action requiring a filing fee, to fund
278278 civil legal services for the indigent (Sec. 133.153, Local
279279 Government Code) . . . $10 [$5];
280280 (6) on the filing of a civil suit, an additional filing
281281 fee to be used for court-related purposes for the support of the
282282 judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37];
283283 (7) additional filing fee to fund the courthouse
284284 security fund, if authorized by the county commissioners court
285285 (Sec. 291.008, Local Government Code) . . . not to exceed $5;
286286 (8) additional filing fee for filing documents not
287287 subject to certain filing fees to fund the courthouse security
288288 fund, if authorized by the county commissioners court (Sec.
289289 291.008, Local Government Code) . . . $1;
290290 (9) additional filing fee to fund the courthouse
291291 security fund in Webb County, if authorized by the county
292292 commissioners court (Sec. 291.009, Local Government Code) . . . not
293293 to exceed $20; and
294294 (10) court cost in civil cases other than suits for
295295 delinquent taxes to fund the county law library fund, if authorized
296296 by the county commissioners court (Sec. 323.023, Local Government
297297 Code) . . . not to exceed $35.
298298 (b) Section 101.083, Government Code, is repealed.
299299 SECTION 12. Section 101.1013, Government Code, is amended
300300 to conform to the amendments made to Section 101.101, Government
301301 Code, by Chapter 399 (S.B. 819), Acts of the 80th Legislature,
302302 Regular Session, 2007, and is further amended to read as follows:
303303 Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS:
304304 LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
305305 collect fees and costs under the Local Government Code as follows:
306306 (1) additional filing fee for filing any civil action
307307 or proceeding requiring a filing fee, including an appeal, and on
308308 the filing of any counterclaim, cross-action, intervention,
309309 interpleader, or third-party action requiring a filing fee to fund
310310 civil legal services for the indigent (Sec. 133.153, Local
311311 Government Code). . . $10 [$5];
312312 (2) additional filing fee to fund contingency fund for
313313 liability insurance, if authorized by the county commissioners
314314 court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
315315 (3) probate court actions (Sec. 118.052, Local
316316 Government Code):
317317 (A) probate original action (Secs. 118.052 and
318318 118.055, Local Government Code):
319319 (i) probate of a will with independent
320320 executor, administration with will attached, administration of an
321321 estate, guardianship or receivership of an estate, or muniment of
322322 title (Sec. 118.052, Local Government Code) . . . $40;
323323 (ii) community survivors (Sec. 118.052,
324324 Local Government Code) . . . $40;
325325 (iii) small estates (Sec. 118.052, Local
326326 Government Code) . . . $40;
327327 (iv) declarations of heirship (Sec.
328328 118.052, Local Government Code) . . . $40;
329329 (v) mental health or chemical dependency
330330 services (Sec. 118.052, Local Government Code) . . . $40; and
331331 (vi) additional, special fee (Secs. 118.052
332332 and 118.064, Local Government Code) . . . $5;
333333 (B) services in pending probate action (Secs.
334334 118.052 and 118.056, Local Government Code):
335335 (i) filing an inventory and appraisement
336336 (Secs. [after the 120th day after the date of the initial filing of
337337 the action (Sec.] 118.052 and 118.056(d), Local Government Code)
338338 . . . $25;
339339 (ii) approving and recording bond (Sec.
340340 118.052, Local Government Code) . . . $3;
341341 (iii) administering oath (Sec. 118.052,
342342 Local Government Code) . . . $2;
343343 (iv) filing annual or final account of
344344 estate (Sec. 118.052, Local Government Code). . . $25;
345345 (v) filing application for sale of real or
346346 personal property (Sec. 118.052, Local Government Code) . . . $25;
347347 (vi) filing annual or final report of
348348 guardian of a person (Sec. 118.052, Local Government Code) . . .
349349 $10; and
350350 (vii) filing a document not listed under
351351 this paragraph after the filing of an order approving the inventory
352352 and appraisement or after the 120th day after the date of the
353353 initial filing of the action, whichever occurs first (Secs. 118.052
354354 and 191.007, Local Government Code), if more than 25 pages . . .
355355 $25;
356356 (C) adverse probate action (Secs. 118.052 and
357357 118.057, Local Government Code) . . . $40; and
358358 (D) claim against estate (Secs. 118.052 and
359359 118.058, Local Government Code) . . . $2;
360360 (4) other fees (Sec. 118.052, Local Government Code):
361361 (A) issuing document (Secs. 118.052 and 118.059,
362362 Local Government Code):
363363 (i) original document and one copy (Sec.
364364 118.052, Local Government Code) . . . $4; and
365365 (ii) each additional set of an original and
366366 one copy (Sec. 118.052, Local Government Code) . . . $4;
367367 (B) certified papers (Secs. 118.052 and 118.060,
368368 Local Government Code):
369369 (i) for the clerk's certificate (Sec.
370370 118.052, Local Government Code) . . . $5; and
371371 (ii) a fee per page or part of a page (Sec.
372372 118.052, Local Government Code) . . . $1;
373373 (C) noncertified papers, for each page or part of
374374 a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
375375 $1;
376376 (D) letters testamentary, letter of
377377 guardianship, letter of administration, or abstract of judgment
378378 (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
379379 (E) safekeeping of wills (Secs. 118.052 and
380380 118.062, Local Government Code) . . . $5;
381381 (F) mail service of process (Secs. 118.052 and
382382 118.063, Local Government Code) . . . same as sheriff; and
383383 (G) records management and preservation fee
384384 (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
385385 (5) court cost in civil cases other than suits for
386386 delinquent taxes to fund the county law library fund, if authorized
387387 by the county commissioners court (Sec. 323.023, Local Government
388388 Code) . . . not to exceed $35.
389389 SECTION 13. Subchapter G, Chapter 101, Government Code, is
390390 amended by adding Section 101.12124 to read as follows:
391391 Sec. 101.12124. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
392392 CODE. The clerk of a county court shall collect an additional
393393 filing fee not to exceed $10 under Section 51.708, Government Code,
394394 in certain civil cases to fund the preservation of court records.
395395 SECTION 14. (a) Section 101.1214, Government Code, is
396396 amended to conform to the amendments made to Section 101.121,
397397 Government Code, by Chapter 399 (S.B. 819), Acts of the 80th
398398 Legislature, Regular Session, 2007, and to conform to the
399399 amendments made to Section 101.123, Government Code, by Chapter
400400 1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,
401401 2007, and is further amended to read as follows:
402402 Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
403403 GOVERNMENT CODE. The clerk of a county court shall collect the
404404 following fees and costs under the Local Government Code:
405405 (1) additional filing fee to fund contingency fund for
406406 liability insurance, if authorized by the county commissioners
407407 court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
408408 (2) civil court actions (Sec. 118.052, Local
409409 Government Code):
410410 (A) filing of original action (Secs. 118.052 and
411411 118.053, Local Government Code):
412412 (i) garnishment after judgment (Sec.
413413 118.052, Local Government Code) . . . $15; and
414414 (ii) all others (Sec. 118.052, Local
415415 Government Code) . . . $40;
416416 (B) filing of action other than original (Secs.
417417 118.052 and 118.054, Local Government Code) . . . $30; and
418418 (C) services rendered after judgment in original
419419 action (Secs. 118.052 and 118.0545, Local Government Code):
420420 (i) abstract of judgment (Sec. 118.052,
421421 Local Government Code) . . . $5; and
422422 (ii) execution, order of sale, writ, or
423423 other process (Sec. 118.052, Local Government Code) . . . $5;
424424 (3) probate court actions (Sec. 118.052, Local
425425 Government Code):
426426 (A) probate original action (Secs. 118.052 and
427427 118.055, Local Government Code):
428428 (i) probate of a will with independent
429429 executor, administration with will attached, administration of an
430430 estate, guardianship or receivership of an estate, or muniment of
431431 title (Sec. 118.052, Local Government Code) . . . $40;
432432 (ii) community survivors (Sec. 118.052,
433433 Local Government Code) . . . $40;
434434 (iii) small estates (Sec. 118.052, Local
435435 Government Code) . . . $40;
436436 (iv) declarations of heirship (Sec.
437437 118.052, Local Government Code) . . . $40;
438438 (v) mental health or chemical dependency
439439 services (Sec. 118.052, Local Government Code) . . . $40; and
440440 (vi) additional, special fee (Secs. 118.052
441441 and 118.064, Local Government Code) . . . $5;
442442 (B) services in pending probate action (Secs.
443443 118.052 and 118.056, Local Government Code):
444444 (i) filing an inventory and appraisement
445445 (Secs. [after the 120th day after the date of the initial filing of
446446 the action (Sec.] 118.052 and 118.056(d), Local Government Code)
447447 . . . $25;
448448 (ii) approving and recording bond (Sec.
449449 118.052, Local Government Code) . . . $3;
450450 (iii) administering oath (Sec. 118.052,
451451 Local Government Code) . . . $2;
452452 (iv) filing annual or final account of
453453 estate (Sec. 118.052, Local Government Code) . . . $25;
454454 (v) filing application for sale of real or
455455 personal property (Sec. 118.052, Local Government Code) . . . $25;
456456 (vi) filing annual or final report of
457457 guardian of a person (Sec. 118.052, Local Government Code) . . .
458458 $10; and
459459 (vii) filing a document not listed under
460460 this paragraph after the filing of an order approving the inventory
461461 and appraisement or after the 120th day after the date of the
462462 initial filing of the action, whichever occurs first (Secs. 118.052
463463 and 191.007, Local Government Code), if more than 25 pages . . .
464464 $25;
465465 (C) adverse probate action (Secs. 118.052 and
466466 118.057, Local Government Code) . . . $40; and
467467 (D) claim against estate (Secs. 118.052 and
468468 118.058, Local Government Code) . . . $2;
469469 (4) other fees (Sec. 118.052, Local Government Code):
470470 (A) issuing document (Secs. 118.052 and 118.059,
471471 Local Government Code):
472472 (i) original document and one copy (Sec.
473473 118.052, Local Government Code) . . . $4; and
474474 (ii) each additional set of an original and
475475 one copy (Sec. 118.052, Local Government Code) . . . $4;
476476 (B) certified papers (Secs. 118.052 and 118.060,
477477 Local Government Code):
478478 (i) for the clerk's certificate (Sec.
479479 118.052, Local Government Code) . . . $5; and
480480 (ii) a fee per page or part of a page (Sec.
481481 118.052, Local Government Code) . . . $1;
482482 (C) noncertified papers, for each page or part of
483483 a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
484484 $1;
485485 (D) letters testamentary, letter of
486486 guardianship, letter of administration, or abstract of judgment
487487 (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
488488 (E) safekeeping of wills (Secs. 118.052 and
489489 118.062, Local Government Code) . . . $5;
490490 (F) mail service of process (Secs. 118.052 and
491491 118.063, Local Government Code) . . . same as sheriff; and
492492 (G) records management and preservation fee
493493 (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
494494 . . . $5;
495495 (5) deposit on filing petition requesting permission
496496 to create a municipal civic center authority (Sec. 281.013, Local
497497 Government Code) . . . $200;
498498 (6) additional filing fee to fund the courthouse
499499 security fund, if authorized by the county commissioners court
500500 (Sec. 291.008, Local Government Code) . . . not to exceed $5;
501501 (7) additional filing fee for filing documents not
502502 subject to certain filing fees to fund the courthouse security
503503 fund, if authorized by the county commissioners court (Sec.
504504 291.008, Local Government Code) . . . $1;
505505 (8) additional filing fee to fund the courthouse
506506 security fund in Webb County, if authorized by the county
507507 commissioners court (Sec. 291.009, Local Government Code) . . . not
508508 to exceed $20;
509509 (9) court cost in civil cases other than suits for
510510 delinquent taxes to fund the county law library fund, if authorized
511511 by the county commissioners court (Sec. 323.023, Local Government
512512 Code) . . . not to exceed $35;
513513 (10) additional filing fee for filing any civil action
514514 or proceeding requiring a filing fee, including an appeal, and on
515515 the filing of any counterclaim, cross-action, intervention,
516516 interpleader, or third-party action requiring a filing fee, to fund
517517 civil legal services for the indigent (Sec. 133.153, Local
518518 Government Code) . . . $10 [$5]; and
519519 (11) on the filing of a civil suit an additional filing
520520 fee to be used for court-related purposes for the support of the
521521 judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37].
522522 (b) Section 101.123, Government Code, is repealed.
523523 SECTION 15. Section 101.141(b), Government Code, as amended
524524 by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
525525 Session, 2007, is amended to conform to the amendments made to
526526 Section 101.141(a), Government Code, by Chapter 1046 (H.B. 2094),
527527 Acts of the 80th Legislature, Regular Session, 2007, and is further
528528 amended to read as follows:
529529 (b) A clerk of a justice court shall collect fees and costs
530530 under other laws as follows:
531531 (1) the cost of a special program that a court may
532532 order a child to attend after a finding that the child committed an
533533 offense, if ordered by the court (Art. 45.057, Code of Criminal
534534 Procedure) . . . costs of the program not to exceed $100;
535535 (2) additional filing fees:
536536 (A) to fund Dallas County civil court facilities
537537 (Sec. 51.705, Government Code) . . . not more than $15; and
538538 (B) for filing any civil action or proceeding
539539 requiring a filing fee, including an appeal, and on the filing of
540540 any counterclaim, cross-action, intervention, interpleader, or
541541 third-party action requiring a filing fee, to fund civil legal
542542 services for the indigent (Sec. 133.153, Local Government Code)
543543 . . . $6 [$2];
544544 (3) for filing a suit in Comal County (Sec. 152.0522,
545545 Human Resources Code) . . . $1.50; and
546546 (4) fee for hearing on probable cause for removal of a
547547 vehicle and placement in a storage facility if assessed by the court
548548 (Sec. 2308.457, Occupations [685.008, Transportation] Code) . . .
549549 $20.
550550 SECTION 16. (a) Section 102.041, Government Code, as
551551 amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
552552 Regular Session, 2007, is amended to conform to the amendments made
553553 by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
554554 Session, 2007, to Section 102.041, Government Code, and is further
555555 amended to read as follows:
556556 Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
557557 DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district
558558 court shall collect fees and costs under the Code of Criminal
559559 Procedure on conviction of a defendant as follows:
560560 (1) a jury fee (Art. 102.004, Code of Criminal
561561 Procedure) . . . $20;
562562 (2) a fee for clerk of the court services (Art.
563563 102.005, Code of Criminal Procedure) . . . $40;
564564 (3) a records management and preservation services fee
565565 (Art. 102.005, Code of Criminal Procedure) . . . $25;
566566 (4) a county and district court technology fee (Art.
567567 102.0169, Code of Criminal Procedure) . . . $4;
568568 (5) a security fee on a felony offense (Art. 102.017,
569569 Code of Criminal Procedure) . . . $5;
570570 (6) [(5)] a security fee on a misdemeanor offense
571571 (Art. 102.017, Code of Criminal Procedure) . . . $3; and
572572 (7) [(6)] a juvenile delinquency prevention and
573573 graffiti eradication fee (Art. 102.0171, Code of Criminal
574574 Procedure) . . . $50 [$5].
575575 (b) Section 102.041, Government Code, as amended by Chapter
576576 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
577577 2007, is repealed. Section 102.041, Government Code, as amended by
578578 Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
579579 Session, 2007, to reorganize and renumber that section, continues
580580 in effect as further amended by this section.
581581 SECTION 17. (a) Section 102.061, Government Code, as
582582 reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
583583 Legislature, Regular Session, 2007, is amended to conform to the
584584 amendments made to Section 102.061, Government Code, by Chapter
585585 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
586586 2007, and is further amended to read as follows:
587587 Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
588588 STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
589589 statutory county court shall collect fees and costs under the Code
590590 of Criminal Procedure on conviction of a defendant as follows:
591591 (1) a jury fee (Art. 102.004, Code of Criminal
592592 Procedure) . . . $20;
593593 (2) a fee for services of the clerk of the court (Art.
594594 102.005, Code of Criminal Procedure) . . . $40;
595595 (3) a records management and preservation services fee
596596 (Art. 102.005, Code of Criminal Procedure) . . . $25;
597597 (4) a county and district court technology fee (Art.
598598 102.0169, Code of Criminal Procedure) . . . $4;
599599 (5) a security fee on a misdemeanor offense (Art.
600600 102.017, Code of Criminal Procedure) . . . $3;
601601 (6) [(5)] a juvenile delinquency prevention and
602602 graffiti eradication fee (Art. 102.0171, Code of Criminal
603603 Procedure) . . . $50 [$5]; and
604604 (7) [(6)] a juvenile case manager fee (Art. 102.0174,
605605 Code of Criminal Procedure) . . . not to exceed $5.
606606 (b) Section 102.061, Government Code, as amended by Chapter
607607 1053, Acts of the 80th Legislature, Regular Session, 2007, is
608608 repealed. Section 102.061, Government Code, as reenacted and
609609 amended by Chapter 921, Acts of the 80th Legislature, Regular
610610 Session, 2007, to reorganize and renumber that section, continues
611611 in effect as further amended by this section.
612612 SECTION 18. (a) Section 102.081, Government Code, as
613613 amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
614614 Regular Session, 2007, is amended to conform to the amendments made
615615 to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
616616 Acts of the 80th Legislature, Regular Session, 2007, and is further
617617 amended to read as follows:
618618 Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
619619 COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
620620 court shall collect fees and costs under the Code of Criminal
621621 Procedure on conviction of a defendant as follows:
622622 (1) a jury fee (Art. 102.004, Code of Criminal
623623 Procedure) . . . $20;
624624 (2) a fee for clerk of the court services (Art.
625625 102.005, Code of Criminal Procedure) . . . $40;
626626 (3) a records management and preservation services fee
627627 (Art. 102.005, Code of Criminal Procedure) . . . $25;
628628 (4) a county and district court technology fee (Art.
629629 102.0169, Code of Criminal Procedure) . . . $4;
630630 (5) a security fee on a misdemeanor offense (Art.
631631 102.017, Code of Criminal Procedure) . . . $3;
632632 (6) [(5)] a juvenile delinquency prevention and
633633 graffiti eradication fee (Art. 102.0171, Code of Criminal
634634 Procedure) . . . $50 [$5]; and
635635 (7) [(6)] a juvenile case manager fee (Art. 102.0174,
636636 Code of Criminal Procedure) . . . not to exceed $5.
637637 (b) Section 102.081, Government Code, as amended by Chapter
638638 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
639639 2007, is repealed. Section 102.081, Government Code, as amended by
640640 Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
641641 Session, 2007, to reorganize and renumber that section, continues
642642 in effect as further amended by this section.
643643 SECTION 19. The change in law made by this Act in adding
644644 Sections 25.0020 and 26.010, Government Code, applies only to an
645645 eviction suit filed on or after the effective date of this Act. A
646646 suit filed before the effective date of this Act is governed by the
647647 law in effect immediately before that date, and that law is
648648 continued in effect for that purpose.
649649 SECTION 20. The change in law made by this Act in adding
650650 Article 102.0169, Code of Criminal Procedure, applies only to a
651651 cost on conviction for an offense committed on or after the
652652 effective date of this Act. A cost on conviction for an offense
653653 committed before the effective date of this Act is covered by the
654654 law in effect when the offense was committed, and the former law is
655655 continued in effect for that purpose. For purposes of this section,
656656 an offense was committed before the effective date of this Act if
657657 any element of the offense occurred before that date.
658658 SECTION 21. The changes in law made by this Act apply only
659659 to a fee that becomes payable on or after the effective date of this
660660 Act. A fee that becomes payable before the effective date of this
661661 Act is governed by the law in effect when the fee became payable,
662662 and the former law is continued in effect for that purpose.
663663 SECTION 22. This Act takes effect September 1, 2009.
664664 ______________________________ ______________________________
665665 President of the Senate Speaker of the House
666666 I certify that H.B. No. 3637 was passed by the House on May 6,
667667 2009, by the following vote: Yeas 133, Nays 9, 1 present, not
668668 voting; that the House refused to concur in Senate amendments to
669669 H.B. No. 3637 on May 29, 2009, and requested the appointment of a
670670 conference committee to consider the differences between the two
671671 houses; and that the House adopted the conference committee report
672672 on H.B. No. 3637 on May 31, 2009, by the following vote: Yeas 117,
673673 Nays 26, 1 present, not voting.
674674 ______________________________
675675 Chief Clerk of the House
676676 I certify that H.B. No. 3637 was passed by the Senate, with
677677 amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
678678 0; at the request of the House, the Senate appointed a conference
679679 committee to consider the differences between the two houses; and
680680 that the Senate adopted the conference committee report on H.B. No.
681681 3637 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
682682 ______________________________
683683 Secretary of the Senate
684684 APPROVED: __________________
685685 Date
686686 __________________
687687 Governor