Texas 2019 - 86th Regular

Texas Senate Bill SB658 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 658
	1	+	By: Zaffirini S.B. No. 658
	2	+	(Clardy, Ashby, Lambert, White)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to making permanent the former temporary increases in
6	8		records archive fees and records management and preservation fees
7	9		charged by district and county clerks.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 51.305(b), Government Code, as effective
10	12		September 1, 2019, is amended to read as follows:
11	13		(b) The commissioners court of a county may adopt a district
12	14		court records archive fee of not more than $10 [$5] for the filing
13	15		of a suit, including an appeal from an inferior court, or a
14	16		cross-action, counterclaim, intervention, contempt action, motion
15	17		for new trial, or third-party petition, in any court in the county
16	18		for which the district clerk accepts filings as part of the county's
17	19		annual budget. The fee must be set and itemized in the county's
18	20		budget as part of the budget preparation process and must be
19	21		approved in a public meeting. The fee is for preservation and
20	22		restoration services performed in connection with maintaining a
21	23		district court records archive.
22	24		SECTION 2. Section 51.317(b), Government Code, as effective
23	25		September 1, 2019, is amended to read as follows:
24	26		(b) The fees are:
25	27		(1) except as provided by Subsection (b-1), for filing
26	28		a suit, including an appeal from an inferior court, $50;
27	29		(2) for filing a cross-action, counterclaim,
28	30		intervention, contempt action, motion for new trial, or third-party
29	31		petition, $15;
30	32		(3) for issuing a citation or other writ or process not
31	33		otherwise provided for, including one copy, when requested at the
32	34		time a suit or action is filed, $8;
33	35		(4) for records management and preservation, $10; and
34	36		(5) in addition to the other fees imposed under this
35	37		section, for filing a suit, including an appeal from an inferior
36	38		court, or a cross-action, counterclaim, intervention, contempt
37	39		action, motion for new trial, or third-party petition, the amount
38	40		adopted by the county commissioners court, not to exceed $10 [$5],
39	41		for court records archiving.
40	42		SECTION 3. Section 101.0611, Government Code, as effective
41	43		September 1, 2019, is amended to read as follows:
42	44		Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
43	45		CODE. The clerk of a district court shall collect fees and costs
44	46		under the Government Code as follows:
45	47		(1) appellate judicial system filing fees for:
46	48		(A) First or Fourteenth Court of Appeals District
47	49		(Sec. 22.2021, Government Code) . . . not more than $5;
48	50		(B) Second Court of Appeals District (Sec.
49	51		22.2031, Government Code) . . . $5;
50	52		(C) Third Court of Appeals District (Sec.
51	53		22.2041, Government Code) . . . $5;
52	54		(D) Fourth Court of Appeals District (Sec.
53	55		22.2051, Government Code) . . . not more than $5;
54	56		(E) Fifth Court of Appeals District (Sec.
55	57		22.2061, Government Code) . . . not more than $5;
56	58		(E-1) Sixth Court of Appeals District (Sec.
57	59		22.2071, Government Code) . . . $5;
58	60		(E-2) Seventh Court of Appeals District (Sec.
59	61		22.2081, Government Code) . . . $5;
60	62		(E-3) Eighth Court of Appeals District (Sec.
61	63		22.2091, Government Code) . . . $5;
62	64		(F) Ninth Court of Appeals District (Sec.
63	65		22.2101, Government Code) . . . $5;
64	66		(G) Eleventh Court of Appeals District (Sec.
65	67		22.2121, Government Code) . . . $5;
66	68		(G-1) Twelfth Court of Appeals District (Sec.
67	69		22.2131, Government Code) . . . $5; and
68	70		(H) Thirteenth Court of Appeals District (Sec.
69	71		22.2141, Government Code) . . . not more than $5;
70	72		(2) when administering a case for the Rockwall County
71	73		Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
72	74		court costs as if the case had been filed in district court;
73	75		(3) additional filing fees:
74	76		(A) for each suit filed for insurance contingency
75	77		fund, if authorized by the county commissioners court (Sec. 51.302,
76	78		Government Code) . . . not to exceed $5;
77	79		(B) to fund the improvement of Dallas County
78	80		civil court facilities, if authorized by the county commissioners
79	81		court (Sec. 51.705, Government Code) . . . not more than $15;
80	82		(B-1) to fund the improvement of Bexar County
81	83		court facilities, if authorized by the county commissioners court
82	84		(Sec. 51.706, Government Code) . . . not more than $15;
83	85		(C) to fund the improvement of Hays County court
84	86		facilities, if authorized by the county commissioners court (Sec.
85	87		51.707, Government Code) . . . not more than $15;
86	88		(D) to fund the preservation of court records
87	89		(Sec. 51.708, Government Code) . . . not more than $10;
88	90		(E) to fund the construction, renovation, or
89	91		improvement of Rockwall County court facilities, if authorized by
90	92		the county commissioners court (Sec. 51.709, Government Code) . . .
91	93		not more than $15;
92	94		(F) to fund the construction, renovation, or
93	95		improvement of Travis County court facilities, if authorized by the
94	96		county commissioners court (Sec. 51.710, Government Code) . . . not
95	97		more than $15;
96	98		(G) to fund the construction, renovation, or
97	99		improvement of Hidalgo County court facilities, if authorized by
98	100		the county commissioners court (Sec. 51.711, Government Code) . . .
99	101		not more than $20; and
100	102		(H) to fund the construction, renovation, or
101	103		improvement of Cameron County court facilities, if authorized by
102	104		the county commissioners court (Sec. 51.711, Government Code) . . .
103	105		not more than $20;
104	106		(4) for filing a suit, including an appeal from an
105	107		inferior court:
106	108		(A) for a suit with 10 or fewer plaintiffs (Sec.
107	109		51.317, Government Code) . . . $50;
108	110		(B) for a suit with at least 11 but not more than
109	111		25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
110	112		(C) for a suit with at least 26 but not more than
111	113		100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
112	114		(D) for a suit with at least 101 but not more than
113	115		500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
114	116		(E) for a suit with at least 501 but not more than
115	117		1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
116	118		(F) for a suit with more than 1,000 plaintiffs
117	119		(Sec. 51.317, Government Code) . . . $200;
118	120		(5) for filing a cross-action, counterclaim,
119	121		intervention, contempt action, motion for new trial, or third-party
120	122		petition (Sec. 51.317, Government Code) . . . $15;
121	123		(6) for issuing a citation or other writ or process not
122	124		otherwise provided for, including one copy, when requested at the
123	125		time a suit or action is filed (Sec. 51.317, Government Code) . . .
124	126		$8;
125	127		(7) for records management and preservation (Sec.
126	128		51.317, Government Code) . . . $10;
127	129		(7-a) for district court records archiving, if adopted
128	130		by the county commissioners court (Sec. 51.317(b)(5), Government
129	131		Code) . . . not more than $10 [$5];
130	132		(8) for issuing a subpoena, including one copy (Sec.
131	133		51.318, Government Code) . . . $8;
132	134		(9) for issuing a citation, commission for deposition,
133	135		writ of execution, order of sale, writ of execution and order of
134	136		sale, writ of injunction, writ of garnishment, writ of attachment,
135	137		or writ of sequestration not provided for in Section 51.317, or any
136	138		other writ or process not otherwise provided for, including one
137	139		copy if required by law (Sec. 51.318, Government Code) . . . $8;
138	140		(10) for searching files or records to locate a cause
139	141		when the docket number is not provided (Sec. 51.318, Government
140	142		Code) . . . $5;
141	143		(11) for searching files or records to ascertain the
142	144		existence of an instrument or record in the district clerk's office
143	145		(Sec. 51.318, Government Code) . . . $5;
144	146		(12) for abstracting a judgment (Sec. 51.318,
145	147		Government Code) . . . $8;
146	148		(13) for approving a bond (Sec. 51.318, Government
147	149		Code) . . . $4;
148	150		(14) for a certified copy of a record, judgment,
149	151		order, pleading, or paper on file or of record in the district
150	152		clerk's office, including certificate and seal, for each page or
151	153		part of a page (Sec. 51.318, Government Code) . . . not to exceed
152	154		$1;
153	155		(15) for a noncertified copy, for each page or part of
154	156		a page (Sec. 51.318, Government Code) . . . not to exceed $1;
155	157		(16) fee for performing a service:
156	158		(A) related to the matter of the estate of a
157	159		deceased person (Sec. 51.319, Government Code) . . . the same fee
158	160		allowed the county clerk for those services;
159	161		(B) related to the matter of a minor (Sec.
160	162		51.319, Government Code) . . . the same fee allowed the county
161	163		clerk for the service;
162	164		(C) of serving process by certified or registered
163	165		mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
164	166		constable is authorized to charge for the service under Section
165	167		118.131, Local Government Code;
166	168		(D) prescribed or authorized by law but for which
167	169		no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
168	170		and
169	171		(E) related to a matter filed in a statutory
170	172		county court (Sec. 51.319, Government Code) . . . the same fees
171	173		allowed the district clerk for those services in the district
172	174		court;
173	175		(17) jury fee (Sec. 51.604, Government Code) . . .
174	176		$40;
175	177		(18) additional filing fee for family protection on
176	178		filing a suit for dissolution of a marriage under Chapter 6, Family
177	179		Code (Sec. 51.961, Government Code) . . . not to exceed $15;
178	180		(19) at a hearing held by an associate judge appointed
179	181		under Subchapter B, Chapter 54A, Government Code, a court cost to
180	182		preserve the record, in the absence of a court reporter, by any
181	183		means approved by the associate judge (Sec. 54A.110, Government
182	184		Code) . . . as assessed by the referring court or associate judge;
183	185		and
184	186		(20) statewide electronic filing system fund fee (Sec.
185	187		51.851, Government Code) . . . $30.
186	188		SECTION 4. Section 103.027(a), Government Code, as
187	189		effective September 1, 2019, is amended to read as follows:
188	190		(a) Fees and costs shall be paid or collected under the
189	191		Government Code as follows:
190	192		(1) filing a certified copy of a judicial finding of
191	193		fact and conclusion of law if charged by the secretary of state
192	194		(Sec. 51.905, Government Code) . . . $15;
193	195		(2) cost paid by each surety posting the bail bond for
194	196		an offense other than a misdemeanor punishable by fine only under
195	197		Chapter 17, Code of Criminal Procedure, for the assistant
196	198		prosecutor supplement fund and the fair defense account (Sec.
197	199		41.258, Government Code) . . . $15, provided the cost does not
198	200		exceed $30 for all bail bonds posted at that time for an individual
199	201		and the cost is not required on the posting of a personal or cash
200	202		bond;
201	203		(3) to participate in a court proceeding in this
202	204		state, a nonresident attorney fee (Sec. 82.0361, Government Code)
203	205		. . . $250 except as waived or reduced under supreme court rules for
204	206		representing an indigent person;
205	207		(4) on a party's appeal of a final decision in a
206	208		contested case, the cost of preparing the original or a certified
207	209		copy of the record of the agency proceeding, if required by the
208	210		agency's rule, as a court cost (Sec. 2001.177, Government Code)
209	211		. . . as assessed by the court, all or part of the cost of
210	212		preparation;
211	213		(5) a program fee for a drug court program (Sec.
212	214		123.004, Government Code) . . . not to exceed $1,000;
213	215		(6) an alcohol or controlled substance testing,
214	216		counseling, and treatment fee (Sec. 123.004, Government Code) . . .
215	217		the amount necessary to cover the costs of testing, counseling, and
216	218		treatment;
217	219		(7) a reasonable program fee for a veterans treatment
218	220		court program (Sec. 124.005, Government Code) . . . not to exceed
219	221		$1,000;
220	222		(8) a testing, counseling, and treatment fee for
221	223		testing, counseling, or treatment performed or provided under a
222	224		veterans treatment court program (Sec. 124.005, Government Code)
223	225		. . . the amount necessary to cover the costs of testing,
224	226		counseling, or treatment;
225	227		(9) a nonrefundable program fee for a commercially
226	228		sexually exploited persons court program (Sec. 126.006, Government
227	229		Code) . . . a reasonable amount not to exceed $1,000, which must
228	230		include a counseling and services fee in an amount necessary to
229	231		cover the costs of counseling and services provided by the program,
230	232		a victim services fee in an amount equal to 10 percent of the total
231	233		fee, and a law enforcement training fee in an amount equal to five
232	234		percent of the total fee; and
233	235		(10) a district court records archive fee for the
234	236		filing of a suit, including an appeal from an inferior court, or a
235	237		cross-action, counterclaim, intervention, contempt action, motion
236	238		for new trial, or third-party petition, in any court in the county
237	239		for which the district clerk accepts filings, if authorized by the
238	240		county commissioners court (Sec. 51.305, Government Code) . . . not
239	241		more than $10 [$5].
240	242		SECTION 5. Sections 118.011(b) and (f), Local Government
241	243		Code, as effective September 1, 2019, are amended to read as
242	244		follows:
243	245		(b) The county clerk may set and collect the following fee
244	246		from any person:
245	247		(1) Returned Check (Sec. 118.0215) . . . . . . not
246	248		less than $15 or more than $30
247	249		(2) Records Management and Preservation Fee (Sec.
248	250		118.0216) . . . . . . . . . . . . . . . . . . . . . . . not more
249	251		than $10 [$5]
250	252		(3) Mental Health Background Check for License to
251	253		Carry a Handgun (Sec. 118.0217) . . . . . not more than $2
252	254		(4) Marriage License for Out-of-State Applicants
253	255		(Sec. 118.018) . . . . . . . . . . . . . . . . . . . . . . . . $100
254	256		(f) The county clerk of a county shall, if the commissioners
255	257		court of the county adopts the fee as part of the county's annual
256	258		budget, collect the following fee from any person:
257	259		(1) Records Archive Fee (Sec. 118.025) . . . . . . .
258	260		not more than $10 [$5]
259	261		(2) Records Technology and Infrastructure Fee (Sec.
260	262		118.026) . . . . . . . $2.00
261	263		SECTION 6. Section 51.607, Government Code, does not apply
262	264		to a court fee assessed under a statute amended by this Act.
263	265		SECTION 7. To the extent of any conflict, this Act prevails
264	266		over another Act of the 86th Legislature, Regular Session, 2019,
265	267		relating to nonsubstantive additions to and corrections in enacted
266	268		codes.
267	269		SECTION 8. This Act takes effect September 1, 2019.
268		-	______________________________ ______________________________
269		-	President of the Senate Speaker of the House
270		-	I hereby certify that S.B. No. 658 passed the Senate on
271		-	April 11, 2019, by the following vote: Yeas 30, Nays 1; and that
272		-	the Senate concurred in House amendments on May 21, 2019, by the
273		-	following vote: Yeas 31, Nays 0.
274		-	______________________________
275		-	Secretary of the Senate
276		-	I hereby certify that S.B. No. 658 passed the House, with
277		-	amendments, on April 26, 2019, by the following vote: Yeas 120,
278		-	Nays 17, two present not voting.
279		-	______________________________
280		-	Chief Clerk of the House
281		-	Approved:
282		-	______________________________
283		-	Date
284		-	______________________________
285		-	Governor