83R6363 YDB-D
By: Hunter H.B. No. 2302
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the statewide electronic filing
system fund and to certain court fees and court costs to fund the
account; imposing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Government Code, is amended by
adding Subchapter I-1 to read as follows:
SUBCHAPTER I-1. ELECTRONIC FILING FEE
Sec. 51.851. ELECTRONIC FILING FEE. (a) In addition to
other fees authorized or required by law, the clerk of the supreme
court, a court of appeals, a district court, a county court, a
statutory county court, or a statutory probate court shall collect
a $15 fee 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 to be used as provided by
Section 51.852.
(b) In addition to other fees authorized or required by law,
the clerk of a justice court shall collect a $5 fee 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 to be used as provided by Section 51.852.
(c) In addition to other court costs, a person shall pay $5
as a court cost on conviction of any criminal offense in a district
court, county court, statutory county court, or justice court,
including cases in which probation or deferred adjudication is
granted. A conviction that arises under Chapter 521,
Transportation Code, or a conviction under Subtitle C, Title 7,
Transportation Code, is included, except that a conviction arising
under any law that regulates pedestrians or the parking of motor
vehicles is not included.
(d) A court may waive payment of a court cost or fee due
under this section for an individual the court determines is
indigent.
(e) Court costs and fees due under this section shall be
collected in the same manner as other fees, fines, or costs in the
case.
(f) The clerk shall send the court costs and fees collected
under this section to the comptroller not later than the last day of
the month following each calendar quarter.
(g) The comptroller shall deposit the court costs and fees
received under this section to the credit of the statewide
electronic filing system fund established under Section 51.852.
Sec. 51.852. STATEWIDE ELECTRONIC FILING SYSTEM FUND. (a)
The statewide electronic filing system fund is an account in the
general revenue fund.
(b) Money in the statewide electronic filing system fund may
only be appropriated to the Office of Court Administration of the
Texas Judicial System and used to:
(1) support a statewide electronic filing technology
project for courts in this state;
(2) provide grants to counties to implement components
of the project; or
(3) support court technology projects that have a
statewide impact as determined by the office of court
administration.
SECTION 2. Subchapter B, Chapter 101, Government Code, is
amended by adding Section 101.0211 to read as follows:
Sec. 101.0211. ADDITIONAL SUPREME COURT FEES: GOVERNMENT
CODE. The clerk of the supreme court shall collect a statewide
electronic filing system fund fee of $15 under Section 51.851,
Government Code.
SECTION 3. Subchapter C, Chapter 101, Government Code, is
amended by adding Section 101.0411 to read as follows:
Sec. 101.0411. ADDITIONAL COURT OF APPEALS FEES: GOVERNMENT
CODE. The clerk of a court of appeals shall collect a statewide
electronic filing system fund fee of $15 under Section 51.851,
Government Code.
SECTION 4. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06118 to read as follows:
Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court shall collect a statewide
electronic filing system fund fee of $15 under Section 51.851,
Government Code.
SECTION 5. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08117 to read as follows:
Sec. 101.08117. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect a statewide electronic filing system fund fee of $15 under
Section 51.851, Government Code.
SECTION 6. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.10116 to read as follows:
Sec. 101.10116. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect a statewide electronic filing system fund fee of $15 under
Section 51.851, Government Code.
SECTION 7. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12126 to read as follows:
Sec. 101.12126. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
CODE. The clerk of a county court shall collect a statewide
electronic filing system fund fee of $15 under Section 51.851,
Government Code.
SECTION 8. Subchapter H, Chapter 101, Government Code, is
amended by adding Section 101.1411 to read as follows:
Sec. 101.1411. ADDITIONAL JUSTICE COURT FEES: GOVERNMENT
CODE. The clerk of a justice court shall collect a statewide
electronic filing system fund fee of $5 under Section 51.851,
Government Code.
SECTION 9. Subchapter C, Chapter 102, Government Code, is
amended by adding Section 102.0415 to read as follows:
Sec. 102.0415. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT: GOVERNMENT CODE. The clerk of a district court
shall collect from a defendant a court cost on conviction of $5
under Section 51.851, Government Code.
SECTION 10. Subchapter D, Chapter 102, Government Code, is
amended by adding Section 102.0615 to read as follows:
Sec. 102.0615. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: GOVERNMENT CODE. The clerk of a statutory
county court shall collect from a defendant a court cost on
conviction of $5 under Section 51.851, Government Code.
SECTION 11. Subchapter E, Chapter 102, Government Code, is
amended by adding Section 102.082 to read as follows:
Sec. 102.082. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: GOVERNMENT CODE. The clerk of a county court shall
collect from a defendant a court cost on conviction of $5 under
Section 51.851, Government Code.
SECTION 12. Subchapter F, Chapter 102, Government Code, is
amended by adding Section 102.1025 to read as follows:
Sec. 102.1025. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: GOVERNMENT CODE. The clerk of a justice court shall
collect from a defendant a court cost on conviction of $5 under
Section 51.851, Government Code.
SECTION 13. Section 133.058(d), Local Government Code, is
amended to read as follows:
(d) A county may not retain a service fee on the collection
of a fee:
(1) for the judicial fund; [or]
(2) under Sections 14 and 19, Article 42.12, Code of
Criminal Procedure; or
(3) under Section 51.851, Government Code.
SECTION 14. The imposition of a cost of court on conviction
under Section 51.851, Government Code, as added by this Act,
applies only to an offense committed on or after the effective date
of this Act. 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 was
committed before that date.
SECTION 15. (a) Section 51.607, Government Code, does not
apply to the imposition of a fee assessed under:
(1) Section 51.851, Government Code, as added by this
Act;
(2) Section 101.0211, Government Code, as added by
this Act;
(3) Section 101.0411, Government Code, as added by
this Act;
(4) Section 101.06118, Government Code, as added by
this Act;
(5) Section 101.08117, Government Code, as added by
this Act;
(6) Section 101.10116, Government Code, as added by
this Act;
(7) Section 101.12126, Government Code, as added by
this Act;
(8) Section 101.1411, Government Code, as added by
this Act;
(9) Section 102.0415, Government Code, as added by
this Act;
(10) Section 102.0615, Government Code, as added by
this Act;
(11) Section 102.082, Government Code, as added by
this Act; or
(12) Section 102.1025, Government Code, as added by
this Act.
(b) The changes in law made by this Act apply only to a fee
that becomes payable on or after September 1, 2013. A fee that
becomes payable before that date is governed by the law in effect
when the fee became payable, and the former law is continued in
effect for that purpose.
SECTION 16. This Act takes effect September 1, 2013.