By: King of Parker, et al. (Senate Sponsor - Estes) H.B. No. 410
(In the Senate - Received from the House April 4, 2013;
April 8, 2013, read first time and referred to Committee on
Jurisprudence; May 9, 2013, reported favorably by the following
vote: Yeas 6, Nays 0; May 9, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the administration and operation of the appellate
judicial system for the Second Court of Appeals District; changing
an appellate judicial system court costs fee in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.2031, Government Code, is amended to
read as follows:
Sec. 22.2031. APPELLATE JUDICIAL SYSTEM. (a) The
commissioners court of each county in the Second Court of Appeals
District by order entered in its minutes shall [may] establish an
appellate judicial system to:
(1) assist the court of appeals for the county in the
processing of appeals filed with the court of appeals from the
county courts, statutory county courts, statutory probate courts,
and district courts; and
(2) defray costs and expenses incurred in the
operation of the court of appeals [by the county under Section
22.203].
(b) To fund the system, the commissioners court shall [may]
set a court costs fee of [not more than] $5 for each civil suit filed
in county court, statutory county court, statutory probate court,
or district court in the county.
(c) The court costs fee does not apply to a suit filed by any
governmental entity [the county] or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid
as other court costs in a suit. The clerk of the court shall collect
the court costs fee set under this section and pay it to the county
officer who performs the county treasurer's functions. That
officer shall deposit the fee in a separate appellate judicial
[justice] system fund for [. The commissioners court shall
establish and maintain the fund to assist] the court of appeals
district. The fund may not be used for any other purpose.
(e) The [commissioners court shall annually order the]
funds collected under this section must [to] be forwarded monthly
to the court of appeals for expenditure by the court of appeals [for
its judicial system].
(f) The [commissioners court shall vest management of the
system in the] chief justice of the court of appeals is responsible
for management of the funds forwarded to the court of appeals under
this section and has sole discretion as to the use of the funds,
except that the funds must be used for purposes consistent with the
purposes of the appellate judicial system as described by
Subsection (a). [The commissioners court has the authority
necessary to assist the court of appeals in the administration and
management of the system and to contract with any private
corporation, public corporation, or a combination of those
corporations.]
SECTION 2. Section 101.0611, Government Code, is amended to
read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . [not more than] $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15; and
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(7-a) for district court records archiving, if adopted
by the county commissioners court (Sec. 51.317(b)(5), Government
Code) . . . not more than $5;
(8) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . not to exceed
$1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(17) jury fee (Sec. 51.604, Government Code) . . .
$30;
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code (Sec. 51.961, Government Code) . . . not to exceed $15;
(19) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; and
(20) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code) . . . as imposed by the referring court or
associate judge.
SECTION 3. Section 101.0811, Government Code, is amended to
read as follows:
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . [not more than] $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(3) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in a county court at law in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary (Sec.
51.702, Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15; and
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(8) the official court reporter's fee taxed as costs in
civil actions in a statutory county court:
(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
. . . taxed in the same manner as the fee is taxed in district
court;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts; and
(C) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(9) a stenographer's fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(10) in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases; and
(11) a fee not otherwise listed in this subchapter
that is required to be collected under Section 25.0008, Government
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
Victoria, and Williamson . . . as prescribed by law relating to
county judges' fees.
SECTION 4. Section 101.1011, Government Code, is amended to
read as follows:
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . [not more than] $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary (Sec. 51.704,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(3) jury fee for civil case (Sec. 51.604, Government
Code) . . . $22;
(4) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54.612, Government Code) . . . actual cost; and
(5) a fee not otherwise listed in this subchapter that
is required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law relating
to county judges' fees.
SECTION 5. Section 101.1212, Government Code, is amended to
read as follows:
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a county court shall collect the following fees
and costs under the Government Code:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . [not more than] $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) a jury fee (Sec. 51.604, Government Code) . . .
$22;
(3) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40; and
(4) a filing fee to fund the preservation of court
records (Sec. 51.708, Government Code) . . . not more than $10.
SECTION 6. (a) Section 51.607, Government Code, does not
apply to the imposition or change in the amount of a fee assessed
under:
(1) Section 22.2031, Government Code, as amended by
this Act;
(2) Section 101.0611, Government Code, as amended by
this Act;
(3) Section 101.0811, Government Code, as amended by
this Act;
(4) Section 101.1011, Government Code, as amended by
this Act; or
(5) Section 101.1212, Government Code, as amended by
this Act.
(b) The imposition or change in the amount of a fee imposed
under a provision listed in Subsection (a) of this section applies
only to a civil suit filed in a county court, statutory county
court, statutory probate court, or district court on or after the
effective date of this Act. A civil suit filed in a county court,
statutory county court, statutory probate court, or district court
before that date is governed by the law in effect on the date the
suit was filed, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2013.
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