Texas 2019 - 86th Regular

Texas House Bill HB686 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R2970 TSS-F
2		-	By: Clardy~~, White, Ashby, Lambert, et al.~~ H.B. No. 686
	2	+	By: Clardy H.B. No. 686
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to making permanent the former temporary increases in
8	8		records archive fees and records management and preservation fees
9	9		charged by district and county clerks.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Section 51.305(b), Government Code, as effective
12	12		September 1, 2019, is amended to read as follows:
13	13		(b) The commissioners court of a county may adopt a district
14	14		court records archive fee of not more than $10 [$5] for the filing
15	15		of a suit, including an appeal from an inferior court, or a
16	16		cross-action, counterclaim, intervention, contempt action, motion
17	17		for new trial, or third-party petition, in any court in the county
18	18		for which the district clerk accepts filings as part of the county's
19	19		annual budget. The fee must be set and itemized in the county's
20	20		budget as part of the budget preparation process and must be
21	21		approved in a public meeting. The fee is for preservation and
22	22		restoration services performed in connection with maintaining a
23	23		district court records archive.
24	24		SECTION 2. Section 51.317(b), Government Code, as effective
25	25		September 1, 2019, is amended to read as follows:
26	26		(b) The fees are:
27	27		(1) except as provided by Subsection (b-1), for filing
28	28		a suit, including an appeal from an inferior court, $50;
29	29		(2) for filing a cross-action, counterclaim,
30	30		intervention, contempt action, motion for new trial, or third-party
31	31		petition, $15;
32	32		(3) for issuing a citation or other writ or process not
33	33		otherwise provided for, including one copy, when requested at the
34	34		time a suit or action is filed, $8;
35	35		(4) for records management and preservation, $10; and
36	36		(5) in addition to the other fees imposed under this
37	37		section, for filing a suit, including an appeal from an inferior
38	38		court, or a cross-action, counterclaim, intervention, contempt
39	39		action, motion for new trial, or third-party petition, the amount
40	40		adopted by the county commissioners court, not to exceed $10 [$5],
41	41		for court records archiving.
42	42		SECTION 3. Section 101.0611, Government Code, as effective
43	43		September 1, 2019, is amended to read as follows:
44	44		Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
45	45		CODE. The clerk of a district court shall collect fees and costs
46	46		under the Government Code as follows:
47	47		(1) appellate judicial system filing fees for:
48	48		(A) First or Fourteenth Court of Appeals District
49	49		(Sec. 22.2021, Government Code) . . . not more than $5;
50	50		(B) Second Court of Appeals District (Sec.
51	51		22.2031, Government Code) . . . $5;
52	52		(C) Third Court of Appeals District (Sec.
53	53		22.2041, Government Code) . . . $5;
54	54		(D) Fourth Court of Appeals District (Sec.
55	55		22.2051, Government Code) . . . not more than $5;
56	56		(E) Fifth Court of Appeals District (Sec.
57	57		22.2061, Government Code) . . . not more than $5;
58	58		(E-1) Sixth Court of Appeals District (Sec.
59	59		22.2071, Government Code) . . . $5;
60	60		(E-2) Seventh Court of Appeals District (Sec.
61	61		22.2081, Government Code) . . . $5;
62	62		(E-3) Eighth Court of Appeals District (Sec.
63	63		22.2091, Government Code) . . . $5;
64	64		(F) Ninth Court of Appeals District (Sec.
65	65		22.2101, Government Code) . . . $5;
66	66		(G) Eleventh Court of Appeals District (Sec.
67	67		22.2121, Government Code) . . . $5;
68	68		(G-1) Twelfth Court of Appeals District (Sec.
69	69		22.2131, Government Code) . . . $5; and
70	70		(H) Thirteenth Court of Appeals District (Sec.
71	71		22.2141, Government Code) . . . not more than $5;
72	72		(2) when administering a case for the Rockwall County
73	73		Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
74	74		court costs as if the case had been filed in district court;
75	75		(3) additional filing fees:
76	76		(A) for each suit filed for insurance contingency
77	77		fund, if authorized by the county commissioners court (Sec. 51.302,
78	78		Government Code) . . . not to exceed $5;
79	79		(B) to fund the improvement of Dallas County
80	80		civil court facilities, if authorized by the county commissioners
81	81		court (Sec. 51.705, Government Code) . . . not more than $15;
82	82		(B-1) to fund the improvement of Bexar County
83	83		court facilities, if authorized by the county commissioners court
84	84		(Sec. 51.706, Government Code) . . . not more than $15;
85	85		(C) to fund the improvement of Hays County court
86	86		facilities, if authorized by the county commissioners court (Sec.
87	87		51.707, Government Code) . . . not more than $15;
88	88		(D) to fund the preservation of court records
89	89		(Sec. 51.708, Government Code) . . . not more than $10;
90	90		(E) to fund the construction, renovation, or
91	91		improvement of Rockwall County court facilities, if authorized by
92	92		the county commissioners court (Sec. 51.709, Government Code) . . .
93	93		not more than $15;
94	94		(F) to fund the construction, renovation, or
95	95		improvement of Travis County court facilities, if authorized by the
96	96		county commissioners court (Sec. 51.710, Government Code) . . . not
97	97		more than $15;
98	98		(G) to fund the construction, renovation, or
99	99		improvement of Hidalgo County court facilities, if authorized by
100	100		the county commissioners court (Sec. 51.711, Government Code) . . .
101	101		not more than $20; and
102	102		(H) to fund the construction, renovation, or
103	103		improvement of Cameron County court facilities, if authorized by
104	104		the county commissioners court (Sec. 51.711, Government Code) . . .
105	105		not more than $20;
106	106		(4) for filing a suit, including an appeal from an
107	107		inferior court:
108	108		(A) for a suit with 10 or fewer plaintiffs (Sec.
109	109		51.317, Government Code) . . . $50;
110	110		(B) for a suit with at least 11 but not more than
111	111		25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
112	112		(C) for a suit with at least 26 but not more than
113	113		100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
114	114		(D) for a suit with at least 101 but not more than
115	115		500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
116	116		(E) for a suit with at least 501 but not more than
117	117		1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
118	118		(F) for a suit with more than 1,000 plaintiffs
119	119		(Sec. 51.317, Government Code) . . . $200;
120	120		(5) for filing a cross-action, counterclaim,
121	121		intervention, contempt action, motion for new trial, or third-party
122	122		petition (Sec. 51.317, Government Code) . . . $15;
123	123		(6) for issuing a citation or other writ or process not
124	124		otherwise provided for, including one copy, when requested at the
125	125		time a suit or action is filed (Sec. 51.317, Government Code) . . .
126	126		$8;
127	127		(7) for records management and preservation (Sec.
128	128		51.317, Government Code) . . . $10;
129	129		(7-a) for district court records archiving, if adopted
130	130		by the county commissioners court (Sec. 51.317(b)(5), Government
131	131		Code) . . . not more than $10 [$5];
132	132		(8) for issuing a subpoena, including one copy (Sec.
133	133		51.318, Government Code) . . . $8;
134	134		(9) for issuing a citation, commission for deposition,
135	135		writ of execution, order of sale, writ of execution and order of
136	136		sale, writ of injunction, writ of garnishment, writ of attachment,
137	137		or writ of sequestration not provided for in Section 51.317, or any
138	138		other writ or process not otherwise provided for, including one
139	139		copy if required by law (Sec. 51.318, Government Code) . . . $8;
140	140		(10) for searching files or records to locate a cause
141	141		when the docket number is not provided (Sec. 51.318, Government
142	142		Code) . . . $5;
143	143		(11) for searching files or records to ascertain the
144	144		existence of an instrument or record in the district clerk's office
145	145		(Sec. 51.318, Government Code) . . . $5;
146	146		(12) for abstracting a judgment (Sec. 51.318,
147	147		Government Code) . . . $8;
148	148		(13) for approving a bond (Sec. 51.318, Government
149	149		Code) . . . $4;
150	150		(14) for a certified copy of a record, judgment,
151	151		order, pleading, or paper on file or of record in the district
152	152		clerk's office, including certificate and seal, for each page or
153	153		part of a page (Sec. 51.318, Government Code) . . . not to exceed
154	154		$1;
155	155		(15) for a noncertified copy, for each page or part of
156	156		a page (Sec. 51.318, Government Code) . . . not to exceed $1;
157	157		(16) fee for performing a service:
158	158		(A) related to the matter of the estate of a
159	159		deceased person (Sec. 51.319, Government Code) . . . the same fee
160	160		allowed the county clerk for those services;
161	161		(B) related to the matter of a minor (Sec.
162	162		51.319, Government Code) . . . the same fee allowed the county
163	163		clerk for the service;
164	164		(C) of serving process by certified or registered
165	165		mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
166	166		constable is authorized to charge for the service under Section
167	167		118.131, Local Government Code;
168	168		(D) prescribed or authorized by law but for which
169	169		no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
170	170		and
171	171		(E) related to a matter filed in a statutory
172	172		county court (Sec. 51.319, Government Code) . . . the same fees
173	173		allowed the district clerk for those services in the district
174	174		court;
175	175		(17) jury fee (Sec. 51.604, Government Code) . . .
176	176		$40;
177	177		(18) additional filing fee for family protection on
178	178		filing a suit for dissolution of a marriage under Chapter 6, Family
179	179		Code (Sec. 51.961, Government Code) . . . not to exceed $15;
180	180		(19) at a hearing held by an associate judge appointed
181	181		under Subchapter B, Chapter 54A, Government Code, a court cost to
182	182		preserve the record, in the absence of a court reporter, by any
183	183		means approved by the associate judge (Sec. 54A.110, Government
184	184		Code) . . . as assessed by the referring court or associate judge;
185	185		and
186	186		(20) statewide electronic filing system fund fee (Sec.
187	187		51.851, Government Code) . . . $30.
188	188		SECTION 4. Section 103.027(a), Government Code, as
189	189		effective September 1, 2019, is amended to read as follows:
190	190		(a) Fees and costs shall be paid or collected under the
191	191		Government Code as follows:
192	192		(1) filing a certified copy of a judicial finding of
193	193		fact and conclusion of law if charged by the secretary of state
194	194		(Sec. 51.905, Government Code) . . . $15;
195	195		(2) cost paid by each surety posting the bail bond for
196	196		an offense other than a misdemeanor punishable by fine only under
197	197		Chapter 17, Code of Criminal Procedure, for the assistant
198	198		prosecutor supplement fund and the fair defense account (Sec.
199	199		41.258, Government Code) . . . $15, provided the cost does not
200	200		exceed $30 for all bail bonds posted at that time for an individual
201	201		and the cost is not required on the posting of a personal or cash
202	202		bond;
203	203		(3) to participate in a court proceeding in this
204	204		state, a nonresident attorney fee (Sec. 82.0361, Government Code)
205	205		. . . $250 except as waived or reduced under supreme court rules for
206	206		representing an indigent person;
207	207		(4) on a party's appeal of a final decision in a
208	208		contested case, the cost of preparing the original or a certified
209	209		copy of the record of the agency proceeding, if required by the
210	210		agency's rule, as a court cost (Sec. 2001.177, Government Code)
211	211		. . . as assessed by the court, all or part of the cost of
212	212		preparation;
213	213		(5) a program fee for a drug court program (Sec.
214	214		123.004, Government Code) . . . not to exceed $1,000;
215	215		(6) an alcohol or controlled substance testing,
216	216		counseling, and treatment fee (Sec. 123.004, Government Code) . . .
217	217		the amount necessary to cover the costs of testing, counseling, and
218	218		treatment;
219	219		(7) a reasonable program fee for a veterans treatment
220	220		court program (Sec. 124.005, Government Code) . . . not to exceed
221	221		$1,000;
222	222		(8) a testing, counseling, and treatment fee for
223	223		testing, counseling, or treatment performed or provided under a
224	224		veterans treatment court program (Sec. 124.005, Government Code)
225	225		. . . the amount necessary to cover the costs of testing,
226	226		counseling, or treatment;
227	227		(9) a nonrefundable program fee for a commercially
228	228		sexually exploited persons court program (Sec. 126.006, Government
229	229		Code) . . . a reasonable amount not to exceed $1,000, which must
230	230		include a counseling and services fee in an amount necessary to
231	231		cover the costs of counseling and services provided by the program,
232	232		a victim services fee in an amount equal to 10 percent of the total
233	233		fee, and a law enforcement training fee in an amount equal to five
234	234		percent of the total fee; and
235	235		(10) a district court records archive fee for the
236	236		filing of a suit, including an appeal from an inferior court, or a
237	237		cross-action, counterclaim, intervention, contempt action, motion
238	238		for new trial, or third-party petition, in any court in the county
239	239		for which the district clerk accepts filings, if authorized by the
240	240		county commissioners court (Sec. 51.305, Government Code) . . . not
241	241		more than $10 [$5].
242	242		SECTION 5. Sections 118.011(b) and (f), Local Government
243	243		Code, as effective September 1, 2019, are amended to read as
244	244		follows:
245	245		(b) The county clerk may set and collect the following fee
246	246		from any person:
247	247		(1) Returned Check (Sec. 118.0215) . . . . . . not
248	248		less than $15 or more than $30
249	249		(2) Records Management and Preservation Fee (Sec.
250	250		118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
251	251		than $10 [$5]
252	252		(3) Mental Health Background Check for License to
253	253		Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
254	254		(4) Marriage License for Out-of-State Applicants
255	255		(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
256	256		(f) The county clerk of a county shall, if the commissioners
257	257		court of the county adopts the fee as part of the county's annual
258	258		budget, collect the following fee from any person:
259	259		(1) Records Archive Fee (Sec. 118.025) . . . . . . .
260	260		not more than $10 [$5]
261	261		(2) Records Technology and Infrastructure Fee (Sec.
262	262		118.026) . . . . . . . $2.00
263	263		SECTION 6. Section 51.607, Government Code, does not apply
264	264		to a court fee assessed under a statute amended by this Act.
265	265		SECTION 7. To the extent of any conflict, this Act prevails
266	266		over another Act of the 86th Legislature, Regular Session, 2019,
267	267		relating to nonsubstantive additions to and corrections in enacted
268	268		codes.
269	269		SECTION 8. This Act takes effect September 1, 2019.