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Texas House Bill HB410

Texas 2013 - 83rd Regular

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11 By: King of Parker, et al. (Senate Sponsor - Estes) H.B. No. 410
22 (In the Senate - Received from the House April 4, 2013;
33 April 8, 2013, read first time and referred to Committee on
44 Jurisprudence; May 9, 2013, reported favorably by the following
55 vote: Yeas 6, Nays 0; May 9, 2013, sent to printer.)
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to the administration and operation of the appellate
1111 judicial system for the Second Court of Appeals District; changing
1212 an appellate judicial system court costs fee in certain counties.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 22.2031, Government Code, is amended to
1515 read as follows:
1616 Sec. 22.2031. APPELLATE JUDICIAL SYSTEM. (a) The
1717 commissioners court of each county in the Second Court of Appeals
1818 District by order entered in its minutes shall [may] establish an
1919 appellate judicial system to:
2020 (1) assist the court of appeals for the county in the
2121 processing of appeals filed with the court of appeals from the
2222 county courts, statutory county courts, statutory probate courts,
2323 and district courts; and
2424 (2) defray costs and expenses incurred in the
2525 operation of the court of appeals [by the county under Section
2626 22.203].
2727 (b) To fund the system, the commissioners court shall [may]
2828 set a court costs fee of [not more than] $5 for each civil suit filed
2929 in county court, statutory county court, statutory probate court,
3030 or district court in the county.
3131 (c) The court costs fee does not apply to a suit filed by any
3232 governmental entity [the county] or to a suit for delinquent taxes.
3333 (d) The court costs fee shall be taxed, collected, and paid
3434 as other court costs in a suit. The clerk of the court shall collect
3535 the court costs fee set under this section and pay it to the county
3636 officer who performs the county treasurer's functions. That
3737 officer shall deposit the fee in a separate appellate judicial
3838 [justice] system fund for [. The commissioners court shall
3939 establish and maintain the fund to assist] the court of appeals
4040 district. The fund may not be used for any other purpose.
4141 (e) The [commissioners court shall annually order the]
4242 funds collected under this section must [to] be forwarded monthly
4343 to the court of appeals for expenditure by the court of appeals [for
4444 its judicial system].
4545 (f) The [commissioners court shall vest management of the
4646 system in the] chief justice of the court of appeals is responsible
4747 for management of the funds forwarded to the court of appeals under
4848 this section and has sole discretion as to the use of the funds,
4949 except that the funds must be used for purposes consistent with the
5050 purposes of the appellate judicial system as described by
5151 Subsection (a). [The commissioners court has the authority
5252 necessary to assist the court of appeals in the administration and
5353 management of the system and to contract with any private
5454 corporation, public corporation, or a combination of those
5555 corporations.]
5656 SECTION 2. Section 101.0611, Government Code, is amended to
5757 read as follows:
5858 Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
5959 CODE. The clerk of a district court shall collect fees and costs
6060 under the Government Code as follows:
6161 (1) appellate judicial system filing fees for:
6262 (A) First or Fourteenth Court of Appeals District
6363 (Sec. 22.2021, Government Code) . . . not more than $5;
6464 (B) Second Court of Appeals District (Sec.
6565 22.2031, Government Code) . . . [not more than] $5;
6666 (C) Third Court of Appeals District (Sec.
6767 22.2041, Government Code) . . . $5;
6868 (D) Fourth Court of Appeals District (Sec.
6969 22.2051, Government Code) . . . not more than $5;
7070 (E) Fifth Court of Appeals District (Sec.
7171 22.2061, Government Code) . . . not more than $5;
7272 (E-1) Sixth Court of Appeals District (Sec.
7373 22.2071, Government Code) . . . $5;
7474 (E-2) Seventh Court of Appeals District (Sec.
7575 22.2081, Government Code) . . . $5;
7676 (F) Ninth Court of Appeals District (Sec.
7777 22.2101, Government Code) . . . $5;
7878 (G) Eleventh Court of Appeals District (Sec.
7979 22.2121, Government Code) . . . $5;
8080 (G-1) Twelfth Court of Appeals District (Sec.
8181 22.2131, Government Code) . . . $5; and
8282 (H) Thirteenth Court of Appeals District (Sec.
8383 22.2141, Government Code) . . . not more than $5;
8484 (2) when administering a case for the Rockwall County
8585 Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
8686 court costs as if the case had been filed in district court;
8787 (3) additional filing fees:
8888 (A) for each suit filed for insurance contingency
8989 fund, if authorized by the county commissioners court (Sec. 51.302,
9090 Government Code) . . . not to exceed $5;
9191 (B) to fund the improvement of Dallas County
9292 civil court facilities, if authorized by the county commissioners
9393 court (Sec. 51.705, Government Code) . . . not more than $15;
9494 (B-1) to fund the improvement of Bexar County
9595 court facilities, if authorized by the county commissioners court
9696 (Sec. 51.706, Government Code) . . . not more than $15;
9797 (C) to fund the improvement of Hays County court
9898 facilities, if authorized by the county commissioners court (Sec.
9999 51.707, Government Code) . . . not more than $15; and
100100 (D) to fund the preservation of court records
101101 (Sec. 51.708, Government Code) . . . not more than $10;
102102 (4) for filing a suit, including an appeal from an
103103 inferior court:
104104 (A) for a suit with 10 or fewer plaintiffs (Sec.
105105 51.317, Government Code) . . . $50;
106106 (B) for a suit with at least 11 but not more than
107107 25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
108108 (C) for a suit with at least 26 but not more than
109109 100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
110110 (D) for a suit with at least 101 but not more than
111111 500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
112112 (E) for a suit with at least 501 but not more than
113113 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
114114 (F) for a suit with more than 1,000 plaintiffs
115115 (Sec. 51.317, Government Code) . . . $200;
116116 (5) for filing a cross-action, counterclaim,
117117 intervention, contempt action, motion for new trial, or third-party
118118 petition (Sec. 51.317, Government Code) . . . $15;
119119 (6) for issuing a citation or other writ or process not
120120 otherwise provided for, including one copy, when requested at the
121121 time a suit or action is filed (Sec. 51.317, Government Code) . . .
122122 $8;
123123 (7) for records management and preservation (Sec.
124124 51.317, Government Code) . . . $10;
125125 (7-a) for district court records archiving, if adopted
126126 by the county commissioners court (Sec. 51.317(b)(5), Government
127127 Code) . . . not more than $5;
128128 (8) for issuing a subpoena, including one copy (Sec.
129129 51.318, Government Code) . . . $8;
130130 (9) for issuing a citation, commission for deposition,
131131 writ of execution, order of sale, writ of execution and order of
132132 sale, writ of injunction, writ of garnishment, writ of attachment,
133133 or writ of sequestration not provided for in Section 51.317, or any
134134 other writ or process not otherwise provided for, including one
135135 copy if required by law (Sec. 51.318, Government Code) . . . $8;
136136 (10) for searching files or records to locate a cause
137137 when the docket number is not provided (Sec. 51.318, Government
138138 Code) . . . $5;
139139 (11) for searching files or records to ascertain the
140140 existence of an instrument or record in the district clerk's office
141141 (Sec. 51.318, Government Code) . . . $5;
142142 (12) for abstracting a judgment (Sec. 51.318,
143143 Government Code) . . . $8;
144144 (13) for approving a bond (Sec. 51.318, Government
145145 Code) . . . $4;
146146 (14) for a certified copy of a record, judgment,
147147 order, pleading, or paper on file or of record in the district
148148 clerk's office, including certificate and seal, for each page or
149149 part of a page (Sec. 51.318, Government Code) . . . not to exceed
150150 $1;
151151 (15) for a noncertified copy, for each page or part of
152152 a page (Sec. 51.318, Government Code) . . . not to exceed $1;
153153 (16) fee for performing a service:
154154 (A) related to the matter of the estate of a
155155 deceased person (Sec. 51.319, Government Code) . . . the same fee
156156 allowed the county clerk for those services;
157157 (B) related to the matter of a minor (Sec.
158158 51.319, Government Code) . . . the same fee allowed the county
159159 clerk for the service;
160160 (C) of serving process by certified or registered
161161 mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
162162 constable is authorized to charge for the service under Section
163163 118.131, Local Government Code; and
164164 (D) prescribed or authorized by law but for which
165165 no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
166166 (17) jury fee (Sec. 51.604, Government Code) . . .
167167 $30;
168168 (18) additional filing fee for family protection on
169169 filing a suit for dissolution of a marriage under Chapter 6, Family
170170 Code (Sec. 51.961, Government Code) . . . not to exceed $15;
171171 (19) at a hearing held by an associate judge in Dallas
172172 County, a court cost to preserve the record, in the absence of a
173173 court reporter, by other means (Sec. 54.509, Government Code) . . .
174174 as assessed by the referring court or associate judge; and
175175 (20) at a hearing held by an associate judge in Duval
176176 County, a court cost to preserve the record (Sec. 54.1151,
177177 Government Code) . . . as imposed by the referring court or
178178 associate judge.
179179 SECTION 3. Section 101.0811, Government Code, is amended to
180180 read as follows:
181181 Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
182182 GOVERNMENT CODE. The clerk of a statutory county court shall
183183 collect fees and costs under the Government Code as follows:
184184 (1) appellate judicial system filing fees:
185185 (A) First or Fourteenth Court of Appeals District
186186 (Sec. 22.2021, Government Code) . . . not more than $5;
187187 (B) Second Court of Appeals District (Sec.
188188 22.2031, Government Code) . . . [not more than] $5;
189189 (C) Third Court of Appeals District (Sec.
190190 22.2041, Government Code) . . . $5;
191191 (D) Fourth Court of Appeals District (Sec.
192192 22.2051, Government Code) . . . not more than $5;
193193 (E) Fifth Court of Appeals District (Sec.
194194 22.2061, Government Code) . . . not more than $5;
195195 (E-1) Sixth Court of Appeals District (Sec.
196196 22.2071, Government Code) . . . $5;
197197 (E-2) Seventh Court of Appeals District (Sec.
198198 22.2081, Government Code) . . . $5;
199199 (F) Ninth Court of Appeals District (Sec.
200200 22.2101, Government Code) . . . $5;
201201 (G) Eleventh Court of Appeals District (Sec.
202202 22.2121, Government Code) . . . $5;
203203 (G-1) Twelfth Court of Appeals District (Sec.
204204 22.2131, Government Code) . . . $5; and
205205 (H) Thirteenth Court of Appeals District (Sec.
206206 22.2141, Government Code) . . . not more than $5;
207207 (2) an official court reporter fee, County Court at
208208 Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
209209 (3) in Brazoria County, in matters of concurrent
210210 jurisdiction with the district court, fees (Sec. 25.0222,
211211 Government Code) . . . as prescribed by law for district judges
212212 according to the nature of the matter;
213213 (4) a court reporter fee when testimony is taken in a
214214 county court at law in McLennan County (Sec. 25.1572, Government
215215 Code) . . . $3;
216216 (5) a stenographer fee, if a record or part of a record
217217 is made:
218218 (A) in a county court at law in Hidalgo County
219219 (Sec. 25.1102, Government Code) . . . $20; and
220220 (B) in a county court at law in Nolan County (Sec.
221221 25.1792, Government Code) . . . $25;
222222 (6) jury fee (Sec. 51.604, Government Code) . . . $22;
223223 (7) an additional filing fee:
224224 (A) for each civil case filed to be used for
225225 court-related purposes for the support of the judiciary (Sec.
226226 51.702, Government Code) . . . $40;
227227 (B) to fund the improvement of Dallas County
228228 civil court facilities, if authorized by the county commissioners
229229 court (Sec. 51.705, Government Code) . . . not more than $15;
230230 (B-1) to fund the improvement of Bexar County
231231 court facilities, if authorized by the county commissioners court
232232 (Sec. 51.706, Government Code) . . . not more than $15;
233233 (C) to fund the improvement of Hays County court
234234 facilities, if authorized by the county commissioners court (Sec.
235235 51.707, Government Code) . . . not more than $15; and
236236 (D) to fund the preservation of court records
237237 (Sec. 51.708, Government Code) . . . not more than $10;
238238 (8) the official court reporter's fee taxed as costs in
239239 civil actions in a statutory county court:
240240 (A) in Bexar County Courts at Law Nos. 3, 4, 5, 6,
241241 7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
242242 . . . taxed in the same manner as the fee is taxed in district
243243 court;
244244 (B) in Galveston County (Sec. 25.0862,
245245 Government Code) . . . taxed in the same manner as the fee is taxed
246246 in civil cases in the district courts; and
247247 (C) in Parker County (Sec. 25.1862, Government
248248 Code) . . . taxed in the same manner as the fee is taxed in civil
249249 cases in the district courts;
250250 (9) a stenographer's fee as costs in each civil,
251251 criminal, and probate case in which a record is made by the official
252252 court reporter in a statutory county court in Nolan County (Sec.
253253 25.1792, Government Code) . . . $25;
254254 (10) in Nueces County, in matters of concurrent
255255 jurisdiction with the district court, with certain exceptions, fees
256256 (Sec. 25.1802, Government Code) . . . equal to those in district
257257 court cases; and
258258 (11) a fee not otherwise listed in this subchapter
259259 that is required to be collected under Section 25.0008, Government
260260 Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
261261 Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
262262 Victoria, and Williamson . . . as prescribed by law relating to
263263 county judges' fees.
264264 SECTION 4. Section 101.1011, Government Code, is amended to
265265 read as follows:
266266 Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
267267 GOVERNMENT CODE. The clerk of a statutory probate court shall
268268 collect fees and costs under the Government Code as follows:
269269 (1) appellate judicial system filing fees:
270270 (A) First or Fourteenth Court of Appeals District
271271 (Sec. 22.2021, Government Code) . . . not more than $5;
272272 (B) Second Court of Appeals District (Sec.
273273 22.2031, Government Code) . . . [not more than] $5;
274274 (C) Third Court of Appeals District (Sec.
275275 22.2041, Government Code) . . . $5;
276276 (D) Fourth Court of Appeals District (Sec.
277277 22.2051, Government Code) . . . not more than $5;
278278 (E) Fifth Court of Appeals District (Sec.
279279 22.2061, Government Code) . . . not more than $5;
280280 (E-1) Sixth Court of Appeals District (Sec.
281281 22.2071, Government Code) . . . $5;
282282 (E-2) Seventh Court of Appeals District (Sec.
283283 22.2081, Government Code) . . . $5;
284284 (F) Ninth Court of Appeals District (Sec.
285285 22.2101, Government Code) . . . $5;
286286 (G) Eleventh Court of Appeals District (Sec.
287287 22.2121, Government Code) . . . $5;
288288 (G-1) Twelfth Court of Appeals District (Sec.
289289 22.2131, Government Code) . . . $5; and
290290 (H) Thirteenth Court of Appeals District (Sec.
291291 22.2141, Government Code) . . . not more than $5;
292292 (2) additional filing fees as follows:
293293 (A) for certain cases to be used for
294294 court-related purposes for support of the judiciary (Sec. 51.704,
295295 Government Code) . . . $40;
296296 (B) to fund the improvement of Dallas County
297297 civil court facilities, if authorized by the county commissioners
298298 court (Sec. 51.705, Government Code) . . . not more than $15;
299299 (B-1) to fund the improvement of Bexar County
300300 court facilities, if authorized by the county commissioners court
301301 (Sec. 51.706, Government Code) . . . not more than $15; and
302302 (C) to fund the improvement of Hays County court
303303 facilities, if authorized by the county commissioners court (Sec.
304304 51.707, Government Code) . . . not more than $15;
305305 (3) jury fee for civil case (Sec. 51.604, Government
306306 Code) . . . $22;
307307 (4) the expense of preserving the record as a court
308308 cost, if imposed on a party by the referring court or associate
309309 judge (Sec. 54.612, Government Code) . . . actual cost; and
310310 (5) a fee not otherwise listed in this subchapter that
311311 is required to be collected under Section 25.0029, Government Code
312312 (Sec. 25.0029, Government Code) . . . as prescribed by law relating
313313 to county judges' fees.
314314 SECTION 5. Section 101.1212, Government Code, is amended to
315315 read as follows:
316316 Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
317317 CODE. The clerk of a county court shall collect the following fees
318318 and costs under the Government Code:
319319 (1) appellate judicial system filing fees:
320320 (A) First or Fourteenth Court of Appeals District
321321 (Sec. 22.2021, Government Code) . . . not more than $5;
322322 (B) Second Court of Appeals District (Sec.
323323 22.2031, Government Code) . . . [not more than] $5;
324324 (C) Third Court of Appeals District (Sec.
325325 22.2041, Government Code) . . . $5;
326326 (D) Fourth Court of Appeals District (Sec.
327327 22.2051, Government Code) . . . not more than $5;
328328 (E) Fifth Court of Appeals District (Sec.
329329 22.2061, Government Code) . . . not more than $5;
330330 (E-1) Sixth Court of Appeals District (Sec.
331331 22.2071, Government Code) . . . $5;
332332 (E-2) Seventh Court of Appeals District (Sec.
333333 22.2081, Government Code) . . . $5;
334334 (F) Ninth Court of Appeals District (Sec.
335335 22.2101, Government Code) . . . $5;
336336 (G) Eleventh Court of Appeals District (Sec.
337337 22.2121, Government Code) . . . $5;
338338 (G-1) Twelfth Court of Appeals District (Sec.
339339 22.2131, Government Code) . . . $5; and
340340 (H) Thirteenth Court of Appeals District (Sec.
341341 22.2141, Government Code) . . . not more than $5;
342342 (2) a jury fee (Sec. 51.604, Government Code) . . .
343343 $22;
344344 (3) a filing fee in each civil case filed to be used
345345 for court-related purposes for the support of the judiciary (Sec.
346346 51.703, Government Code) . . . $40; and
347347 (4) a filing fee to fund the preservation of court
348348 records (Sec. 51.708, Government Code) . . . not more than $10.
349349 SECTION 6. (a) Section 51.607, Government Code, does not
350350 apply to the imposition or change in the amount of a fee assessed
351351 under:
352352 (1) Section 22.2031, Government Code, as amended by
353353 this Act;
354354 (2) Section 101.0611, Government Code, as amended by
355355 this Act;
356356 (3) Section 101.0811, Government Code, as amended by
357357 this Act;
358358 (4) Section 101.1011, Government Code, as amended by
359359 this Act; or
360360 (5) Section 101.1212, Government Code, as amended by
361361 this Act.
362362 (b) The imposition or change in the amount of a fee imposed
363363 under a provision listed in Subsection (a) of this section applies
364364 only to a civil suit filed in a county court, statutory county
365365 court, statutory probate court, or district court on or after the
366366 effective date of this Act. A civil suit filed in a county court,
367367 statutory county court, statutory probate court, or district court
368368 before that date is governed by the law in effect on the date the
369369 suit was filed, and the former law is continued in effect for that
370370 purpose.
371371 SECTION 7. This Act takes effect September 1, 2013.
372372 * * * * *