By: Uresti S.B. No. 1267
(In the Senate - Filed March 8, 2011; March 16, 2011, read
first time and referred to Committee on Jurisprudence;
March 30, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; March 30, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to applications for appeal filed with an appellate court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 51.005, Government Code,
is amended to read as follows:
(b) The fees are:
(1) application for petition for review [writ of
error]$ 50
(2) additional fee if application for petition for
review [writ of error] is granted$ 75
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court$ 50
(4) additional fee if a motion under Subdivision (3)
is granted$ 75
(5) certified question from a federal court of appeals
to the supreme court$ 75
(6) case appealed to the supreme court from the
district court by direct appeal$100
(7) any other proceeding filed in the supreme
court$ 75.
SECTION 2. Subsection (a), Section 51.207, Government Code,
is amended to read as follows:
(a) The clerk of a court of appeals shall collect the fees
described in Subsection (b) in a civil case before the court for the
following services:
(1) filing records, applications, motions, briefs,
and other necessary and proper papers;
(2) docketing and making docket and minute book
entries;
(3) issuing notices, citations, processes, and
mandates;
(4) preparing transcripts on application for petition
for review [writ of error] to the supreme court; and
(5) performing other necessary clerical duties.
SECTION 3. Section 101.021, Government Code, is amended to
read as follows:
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of the supreme court shall collect fees and costs
as follows:
(1) application for petition for review [writ of
error] (Sec. 51.005, Government Code) . . . $50;
(2) additional fee if application for petition for
review [writ of error] is granted (Sec. 51.005, Government Code)
. . . $75;
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court (Sec. 51.005, Government Code)
. . . $50;
(4) additional fee if a motion under Subdivision (3)
is granted (Sec. 51.005, Government Code) . . . $75;
(5) certified question from a federal court of appeals
to the supreme court (Sec. 51.005, Government Code) . . . $75;
(6) case appealed to the supreme court from the
district court by direct appeal (Sec. 51.005, Government Code)
. . . $100;
(7) any other proceeding filed in the supreme court
(Sec. 51.005, Government Code) . . . $75;
(8) administering an oath and giving a sealed
certificate of the oath (Sec. 51.005, Government Code) . . . $5;
(9) making certain copies, including certificate and
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
more than 10 pages;
(10) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.005, Government
Code) . . . reasonable amount set by order or rule of supreme court;
(10-a) supreme court support account filing fee (Sec.
51.0051, Government Code) . . . amount set by the supreme court,
not to exceed $50;
(11) issuance of attorney's license or certificate
(Sec. 51.006, Government Code) . . . $10; and
(12) additional filing fee to fund civil legal
services for the indigent (Sec. 51.941, Government Code) . . . $25.
SECTION 4. This Act takes effect September 1, 2011.
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