County Clerk Fees Court Costs · 2019-02-11 · 1 County Clerk Fees & Court Costs Judicial Reporting CDCAT 2019 Winter Conference Clerks 101 Fees & Court Costs • Get familiar with
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County Clerk Fees & Court CostsJudicial Reporting
CDCAT 2019 Winter Conference
Clerks 101
Fees & Court Costs• Get familiar with the following statutes: Local Government Code, Property Code, Texas Business & Commerce Code, Texas Agriculture Code, Government Code, Code of Criminal Procedure, Health & Safety Code, Texas Administrative Code, and Texas Family Code
• Fees charged in our offices may be found across several statutes. Some are mandatory fees, some are discretionary fees, some are county specific fees and some must first be approved by your commissioner court‐you will have to do some research.
• Reference the statute that authorizes the collection of the fee‐it will cut down on the challenges you receive from attorneys‐as a new clerk you will be tested!
• When working on your fee sheets, ask “why” “what” “where” “when”. Why do we charge the fee? What are the guidelines and restrictions? Where does the fee go‐County or State, General Fund or Special Fund? When do we charge the fee? Don’t rely on anyone ever saying “because that’s what we’ve always done it”. You need to know why because laws change and fees change. Ask your legal counsel for help in determining if the statute applies if you’re not sure.
Fees & Court Costs
• Be aware of any new fees passed by Legislation! When does the fee or fee change go into effect? Typically if it is a STATE fee it begins in September, County fees begin in January.
• Be transparent. Put your filing fee schedule through Commissioner Court, post it on the county website.
• You can find helpful information regarding fees on the Office of Court Administration website at www.txcourts.gov
• Visit other county websites and look at their fees.
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Fees & Court Costs: County Clerk Records Management, Preservation and Archive • County Clerk Archive Fee‐Local Government Code 118.025 $10.00
• (Legislative committee trying to repeal fee being reduced back to $5)
• The Commissioner Court must adopt the fee prior to collection
• Clerk must have notice of fee posted in the office
• Clerk must submit a written plan for approval prior to expenditure
• Must post notice in paper no later than 15th day prior to date of hearing
• Must be done during the budget process (annually in order to expend funds)
• Funds must not be used to purchase, lease or develop computer software
• Fee does not apply to civil/criminal cases
• Records Management and Preservation Fee‐ Local Government Code 118.0216 $10.00
• (Legislative committee trying to repeal fees being reduced back to $5)
• No approval from Commissioner Court to collect
• No posting required to collect
• No written plan required for expenditure
• Can be used for specific records management and preservation including automation
• Fee does not apply to civil/criminal cases
Fees & Court Costs: County Clerk Records Management, Preservation and Archive • Records Management and Preservation Fee‐Civil Cases‐ Local Government Code 118.0546 $5.00
• Not restricted in statute to use by the clerk
• Must be paid at time of filing any civil case or ancillary pleading
• Expenditures require approval from Commissioner Court
• Court Record Preservation Fee‐Government Code 51.708 $10.00
• Collected in each civil case filed
• Used only to digitize court records and preserve from natural disasters
• Administered by or under direction of Commissioners Court
• Vital Statistics Records Preservation‐Health & Safety Code 191.0045(h) $1.00
• County Clerk may collect
• Used for preserving vital records‐birth, death, fetal death, marriage, divorce, annulment
• Used for training registrar, county clerk employees regarding vital records
• Used to ensure safety and security of vital records
• If collected, shall be collected on issuance of vital records including a record issued through a remote birth access site.
Fees & Court Costs: County Clerk Court Technology Fee• Court Record Technology Fee‐Code of Criminal Procedure 102.0169
• A defendant convicted of a criminal offense in a county court, statutory county court, or district court shall pay a $4.00 county and district court technology fee as cost of court.
• A person is considered convicted if
• A sentence is imposed on the person
• The person received community supervision, including deferred adjudication
• The court defers final disposition of the person’s case
• The funds may be used only to finance:
• Cost of continuing education and training for county court, statutory county court, district court judges and clerks regarding technological enhancements for those courts
• The purchase and maintenance of technological enhancements for a county court, statutory county court or district court, including:
• Computer systems, computer networks, computer hardware, computer software, imaging systems, electronic kiosks and docket management systems
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Fees & Court Costs: Judicial & Court Personnel Security Training Fee
• Texas Government Code 51.971 (this fee was added in 2017 by SB 42)
• (a) In addition to other fees authorized or required by law, the clerk of a district court, county court, statutory county court, statutory probate court, or 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 under Section 56.003.
• (b) A court may waive payment of a fee due under this section for an individual the court determines is indigent.
• (c) Fees due under this section shall be collected in the same manner as other fees, fines, or costs in the case.
• (d) The clerk of a district court, county court, statutory county court, statutory probate court, or justice court shall deposit the court costs and fees collected under this section in the appropriate local treasury and remit the court costs and fees to the comptroller in the manner provided under Subchapter B, Chapter 133, Local Government Code.
• (e) The comptroller shall deposit the fees received under this section to the credit of the judicial and court personnel training fund established under Section 56.001.
• (f) The comptroller may audit the records of a county related to costs and fees collected under this section.
Fees & Court Costs: Appointment & Fees Reporting
• Chapter 36 of the Government Code requires the clerk of each court in the state to prepare a report every month on court appointments made and any fees approved/paid for an attorney ad litem, competency evaluator, guardian, guardian ad litem, or mediator, with a few exceptions.
• Report for EACH court in county• Report even if no activity• Courts not complying are not eligible for any grant funds from the State
• The report is due to the Office of Court Administration (OCA) no later than 15 days following the end of the month reported.
• A copy of the report must be posted at the courthouse and on the court’s website.
Fees & Court Costs: Monthly Judicial Reporting to the State
• Each month you are required to report judicial activity to the Office of Court Administration (OCA)
• These reports must be done electronically by uploading XML files• https://card.txcourts.govYou will need to have a login and password assigned for your courts. If you have county court and county court at law, you will have separate logins. For assistance with login IDs, passwords or other technical issues, call (512) 463-1642
There is some great information, tools, instructions on the OCA website:http://www.txcourts.gov/reporting-to-oca/judicial-council-trial-court-activity-reports/district-county-court-reports/
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Fees & Court Costs: Monthly Judicial Reporting to the Commissioner Court• Sec. 114.044 Report to Commissioners Court at Regular Term by Officer Who Collects Fines, Judgments, or Jury Fees
• (a) Each district clerk, county clerk, county judge, county treasurer, sheriff, district attorney, county attorney, constable, or justice of the peace who collects or handles any money for the use of the county shall make a full report at least once a month at a regular term to the commissioners court on all fines imposed and collected, all judgments rendered and collected for the use of the county, and all jury fees collected by the respective courts in favor of or for the use of the county and, at the time of the report, shall present the receipts and vouchers that show the disposition of the money, fines, or judgments.
• (b) Each report must fully state:
• (1) the name of the person fined and the amount of the fine or the name of the person against whom judgment was rendered and the amount of the judgment;
• (2) the style, number, and date of each case in which a fine was imposed or a judgment rendered; or
• (3) the amount of the jury fees collected, the style and number of the case in which each jury fee was collected, and the name of the person from whom the fee was collected.
• (c) The court shall carefully examine the reports, receipts, and vouchers. If the court finds them to be correct, the court shall direct the county clerk to enter the information in the county finance records. If they are found to be incorrect, the court shall summon before the court the officer making the report and shall have corrections made. The reports, receipts, and vouchers shall be filed in the county clerks office.
• Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
• Amended by: Acts 2007, 80th Leg., R.S., Ch. 934 (H.B. 3439), Sec. 5, eff. September 1, 2007.
Fees & Court Costs: Monthly Judicial Collections Reporting
• Collection Improvement Programs (CIP) are required to report monthly information by the 20th of the month following the month reported and the annual report by the 60th day after the end of the municipal or county fiscal year. Texas Administrative Code 175.4
• The Collections Improvement Program (CIP) may be found under the Texas Code of Criminal Procedure 103.033
• May not apply to your county
• http://www.txcourts.gov/cip‐tech‐support/collections‐reporting/
FEE SCHEDULE Effective Date January 1, 2019
Hunt County Clerk Jennifer Lindenzweig
P.O. Box 1316 Greenville, TX 75403 (903) 408-4130
Property records can be searched online by going to www.huntcounty.net and using the link provided or using https://hunttx-recorder.tylerhost.net/web LGC: Local Government Code PC: Property Code TxBCC: Texas Business & Commerce Code Tx AgC: Texas Agriculture Code TAC: Texas Administrative Code HSC: Health & Safety Code GC: Texas Government Code FC: Texas Family Code Real Property Recording/ Utility Security Instrument/Name Change or Merger
County Code Statute Amount
Recording Fee (first page) RECRD LGC §118.011 $ 5.00 Records Management CCRMF LGC §118.011(b)(2) $ 10.00 Records Archive CCRAF LGC §118.011(f) $ 10.00 Courthouse Security CHS LGC §291.008(d) $ 1.00
TOTAL (first page) $ 26.00 Each additional page or part on which there are visible marks of any kind
RECD2 LGC §118.011(a)(1) $ 4.00
Each additional name to be indexed in excess of five (5)
CC LGC §118.011(a)(2) $ .25
The County Clerk’s office requests a minimum of 1” at the top of the first page and 4” at the bottom of the last page for recording purposes. For filing requirements and additional fees that may be charged, please review the following statutes: Texas Property Code 11.003, 12.001(b), 12.011; Local Government Code 191.007
Federal Tax Lien/Release of Lien
Recording Fee RECRD PC § 14.005 $ 10.00 Record Management CCRMF LGC § 118.011(b)(2) $ 10.00 Record Archive CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 31.00 State Tax Lien/Release of Lien
Recording Fee RECRD LGC §118.011 $ 5.00 Records Management CCRMF LGC §118.011(b)(2) $ 10.00 Courthouse Security CHS LGC §291.008(d) $ 1.00
TOTAL (first page) $ 16.00 PLATS/MAPS:TAX CERTIFICATE REQUIRED WITH RECORDING (PC 12.002(e)) after approval from Commissioner Court, or City as required
Recording Fee RECRD LGC § 118.011(c) $ 45.00 Record Management CCRMF LGC § 118.011(b)(2) $ 10.00 Record Archive CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 66.00 Plat with extra pages RECD2 fee per extra page $ 5.00 PLAT COPIES
Certified Copies CCOPY (one page) $ 10.00 Each additional page $ 2.00 Uncertified Copies (plain copies) UCOPY (one page) $ 5.00 Each additional page $ 2.00 UCC
Recording Fee RECRD TX BCC § 9.525 $ 15.00 for Two pages or less;
$ 30.00 for Three pages or more
Record Management CCRMF LGC § 118.011(b)(2) $ 10.00 Record Archive CCARF LGC § 118.011(f) $ 10.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 36.00 Or $ 51.00 UCC-1 and UCC-3 are accepted for filing in the Real Property Records if the collateral is timber, mineral, oil, gas
Which filing office is the correct place to file? A or B A. County Clerk for the filing or recording of a mortgage on the related real property if:
1. the collateral is as-extracted collateral or timber to be cut; or 2. the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
B. The Texas Secretary of State in all other cases.
ASSUMED NAME CERTIFICATE (includes indexing of 2 names: Business name & 1 Owner Name)
Applications available on the County Clerk’s tab of the County website: www.huntcounty.net
Recording Fee CC TxBCC § 71.155(a)(1)(2) $ 3.00 Record Management CCRMF LGC § 118.011(b)(2) $ 10.00 Record Archive CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 24.00 Each Additional Name indexed CC TxBCC § 71.115(a)(2) $ .50 Assumed Name Abandonment (includes indexing of 2 names: Business name & 1 Owner Name)
Applications available on the County Clerk’s tab of the County website: www.huntcounty.net
Recording Fee CC TxBCC § 71.155 $ 3.00 Record Management CCRMF LGC § 118.011(b)(2) $ 10.00 Record Archive CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 24.00 EACH ADDITIONAL NAME INDEXED CC $ .50 Assumed Name Searches You can search Assumed Name Certificates online at https://hunttx-recorder.tylerhost.net/web
Assumed Name Copies
Certified Copies CCOPY $ 6.00 Uncertified Copies (plain copy) UCOPY $ 1.00
Effective September 1, 2017 HB 1646: A clerk MAY waive fees associated with the filing of an assumed name certificate or statement of abandonment for a registrant
who is a military veteran. **Proper ID proving veteran status at the time of filing will be required by the Hunt County Clerk’s Office.**
POSTING PUBLIC NOTICES: Including Trustee/Foreclosure Sales/Meeting Notices
Recording Fee CC PC § 51.002(f); LGC § 118.011(c) $ 2.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 1.00 TOTAL $ 3.00 Recording of Trustee/Foreclosure Sale Notices in the Property Records will be charged regular recording fees of $26.00 for the 1st page and $4.00 each additional page
Trustee and Foreclosure Sales are conducted the first Tuesday of every month and will be located at the common area at the base of the Central stairway on the 2nd floor inside the Courthouse, or the base of the North steps outside of the Courthouse; in the event the Courthouse is closed on the first Tuesday of the month.
(**Passed by Commissioner’s Court 1-8-2013, #12,598; Document #2013-911 recorded in Property Records.) NOTICE OF FORECLOSURE/TRUSTEE SALES MAY BE VIEWED on the County Clerk’s tab at www.huntcounty.net
CATTLE BRAND APPLICATION/RELEASE OF OWNERSHIP
Applications available on the County Clerk’s tab of the County website: www.huntcounty.net Recording Fee (one brand/one location) CC LGC § 118.011(a)(9); 118.020 $ 5.00 Record Management CCRMF LGC § 118.011(b)(2) $ 10.00 Record Archive CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 26.00 Each Additional Brand Location CC Recorded at the same time only $ 5.00 Cattle Brand Searches You can search Hunt County Cattle Brands online at https://hunttx-recorder.tylerhost.net/web
TRASH HAULER PERMIT Application Form available on the County Clerk’s tab at: www.huntcounty.net Must present application, payment, map indicating route, proof of insurance $ 25.00 JUNKYARD PERMIT
Filing fee Transportation Code § 396.041(c)(1)(A) $ 25.00
Must be approved through Commissioner’s Court
ALCOHOL PERMIT Clerk’s certification fee Only after the City has signed off LGC §118.011(a)(3) $ 5.00 Protest Hearing fee Must be paid by applicant prior to the Hearing Date/Time TABC 61.31(c) $ 25.00 MILITARY DISCHARGE (DD214)
FILING LGC §192.002(b) No Charge CERTIFIED COPY TGC § 603.003(a) No Charge
Thank you for your service!
BIRTH/DEATH VERIFICATION: Hunt County Only
Search Fee CC LGC § 18.015(a), TAC § 181.22(g) $ 10.00 Texas Online Fee CC TAC § 181.22(s) $ 10.00 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00 TOTAL $ 21.00 BIRTH CERTIFICATES: If Born outside Hunt County-available on short form only. Only Texas Birth Certificates available Applications available on the County Clerk’s tab of the County website: www.huntcounty.net Search/Certificate/County Clerk Fee CC LGC 118.015(a),TAC § 181.22, HSC 191.0045 $ 20.20 Vital Statistics Fee BC/ST HSC § 191.0045 $ 1.80 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00
TOTAL $ 23.00 DEATH CERTIFICATES-Hunt County only Hunt County Only Applications available on the County Clerk’s tab of the County website: www.huntcounty.net Search/Certificate/County Clerk Fee CC LGC 118.015(a),TAC § 181.22(b)(s),HSC
191.0045 $ 20.00
Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00
TOTAL $ 21.00 Each Additional Copy Ordered at the same time County Clerk Fee CC HSC § 191.0045 $ 3.00 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00 TOTAL $ 4.00 DECLARATION & REGISTRATION OF INFORMAL MARRIAGE LICENSE License Fee ML/CC 12.50 ML/ST 12.50 LGC § 118.011(a)(8) $ 25.00 Records Management CCRMF LGC § 118.011(b)(2) $ 10.00 Records Archive Fee CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 1.00 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00 No waiting period. Proxy and/or Absent Applicant not accepted. TOTAL $ 47.00 For information regarding a marriage by proxy, absent applicant, marriage to an incarcerated person, marriage of deployed soldier, or soldier deploying to hostile zone, please contact the County Clerk’s Office for regulations and requirements. TX Family Code 2.204: The 72 hour waiting period from the date/time the license is issued may only be waived by Court Order issued by a Judge of a court with jurisdiction in family law cases, a Justice of the Supreme Court, Judge of the Court of Criminal Appeals, County Judge, or Judge of a Court of Appeals
unless an applicant is a member of the Armed Forces of the United States and is Active Duty or by providing a Certificate of Completion of the Texas Premarital Education Course
APPLICATION FOR LICENSE BY MINOR Effective September 1, 2017 SB 1705 TX Family Code §2.003(a) A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes.
MARRIAGE LICENSE without Texas Premarital Education Certificate License Fee ML/CC 30.00 ML/ST 20.00 ML/FTF 10.00 LGC § 118.011(a)(7) $ 60.00 Records Management CCRMF LGC § 118.011(b)(2) $ 10.00 Records Archive Fee CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 1.00 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00 72 hour waiting period from date/time of application before the license can be used. TOTAL $ 82.00 MARRIAGE LICENSE with Texas Premarital Education Certificate License Fee ML/CC 30.00 ML/ST 20.00 ML/FTF 10.00 LGC § 118.011(a)(7) $ waivedRecords Management CCRMF LGC § 118.011(b)(2) $ 10.00 Records Archive Fee CCRAF LGC § 118.011(f) $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 1.00 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00 72 hour waiting period is waived. TOTAL $ 22.00 CERTIFIED COPY of MARRIAGE LICENSE: Hunt County Records Only Search Fee CC TAC § 181.22(h) $ 10.00 Texas Online Fee CC TAC § 181.22(s) $ 10.00 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00 TOTAL $ 21.00
Affidavit for Correction to a Marriage License FC 2.209(c) Must be signed by both parties and notarized No Fee The Correction Affidavit may be found on the County Clerk’s tab of the County Website at www.huntcounty.net
Copy/Certificate of Fact: this does not include copies of vital records
Plain Certified Authenticated copies (Clerk certifies twice) Certificate of Fact: Criminal/Civil/Probate
UCOPY CCOPY CCOPY CCOPY
LGC § 118.011(a)(3) LGC § 118.011(a)(4) LGC§ 118.011(a)(3), 118.011(a)(4) LGC § 118.011(a)(4)
$1.00 per page $5.00 + $1.00 per page
$10.00 + $1.00 per page $5.00
Exceptions to e-filing: Wills are not required to be filed electronically. If a will is filed electronically, the original must be presented to the Clerk’s Office within 3 business days after the application is filed. The following documents must not be filed electronically: Documents filed under seal or presented to the court in camera; and documents to which access is otherwise restricted by law or court order
Private Professional Guardian-Application Application Fee PROB Estates Code §1104.303(b)(2) $ 40.00
Texas Government Code 155.151/Estates Code 1104.003 – Guardianship Registry & Training: Requires all guardians in Texas to be registered with the Judicial Branch Certification Commission (JBCC) and complete training prior to the appointment of a guardianship.
Applications to Probate Will; to Probate a will as Muniment of Title; for Appointment of Administrator; for Appointment of Temporary Administrator of Estate; to Determine Heirship; for Appointment of Guardian; for Administration with will attached.
Clerk’s Fee PROB LGC § 118.052(2)(A)(i) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee PROB GC § 51.601(a) $ 15.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee Judge LGC § 118.101 $ 2.00 Issuing Document PROB LGC §118.052(3)(A) $ 4.00 Service Fee CONST LGC § 181.131 $ 75.00
Fee includes one posted or published citation TOTAL $ 348.00 Charge for each additional issuance of Citation PROB LGC §118.052(3)(A) $ 4.00
Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00 Letters of Testamentary, Guardianship, Administration or Abstract of Judgment (each) This does not include the cost of Order, if necessary to attach
LGC § 118.052(3)(D)
$ 2.00
Wills for Safekeeping
Filing Fee CC LGC § 118.052(3)(E) $ 5.00 Record Management RMF LGC § 118.052(3)(G) $ 5.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 11.00 Open Safety Deposit Box
Clerk’s Fee CC LGC § 118.052(1)(A)(ii) $ 40.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Record Management RMF LGC § 118.052(3)(G) $ 5.00 State Electronic Fee Fund SEFCV GC § 51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee Judge LGC § 118.101 $ 2.00 TOTAL $ 117.00
Adverse Action (Cross Action, Intrusion, Pleas of Privilege)
Clerk’s Fee PROB LGC § 118.052(2)(A)(i) $ 40.00
Records Management RMF LGC § 118.052(3)(G) $ 5.00
Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00
Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00
Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00
Fee does not include citation or service. TOTAL $ 110.00 Charge for each issuance of Citation) PROB LGC §118.052(3)(A $ 4.00
Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00
If Judge’s signature required JUDGE LGC § 118.101(11) $ 2.00 Motion for New Trial
Clerk’s Fee CIVIL LGC § 118.052(1)(B) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00
Fee does not include citation or service. TOTAL $ 90.00 Charge for each issuance of Citation CIVIL LGC §118.052(3)(A) $ 5.00
Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00
If Judge’s signature required JUDGE LGC § 118.101(11) $ 2.00 Inventory and Appraisement-On Time
Filed before the 90th day after the date of qualification or prior to expiration of court ordered extension No Fee Inventory, Appraisement and list of Claims (after 90th day after Qualification Date)
Filing Fee PROB LGC § 118.052(2)(B)(i) $ 25.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 27.00
Annual/Final Account of Probate/Guardianship of an Estate (must be notarized) (after Order Approving Inventory and Appraisement or after 120th day after initial filing of the action, whichever occurs first)
Filing Fee PROB LGC § 118.052(2)(B)(iv) $ 25.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 27.00 Annual/Final Report of Guardianship of a Person (must be notarized) (after Order Approving Inventory and Appraisement or after 120th day after initial filing of the action, whichever occurs first)
Filing Fee PROB LGC § 118.052(2)(B)(vi) $ 10.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 12.00 Lengthy Document Fee-more than 25 pgs. (after Order Approving Inventory and Appraisement or after 120th day after initial filing of the case)
Filing Fee PROB LGC § 118.052(2)(B)(vii) $ 25.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 27.00 Claim (paid by the Claimant at time of filing)
Filing Fee PROB LGC § 118.052(2)(D) $ 10.00 Foreign Wills/ Temporary Guardianship/ Heirship Determination in no Existing Probate/Application for sale of property of minor without Guardianship
Clerk’s Fee PROB LGC § 118.052(2)(A)(i) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Court Reporter Fee PROB GC § 51.601(a) $ 15.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00
Fee does not include citation or service. TOTAL $ 267.00 Charge for each issuance of Citation PROB LGC §118.052(3)(A) $ 4.00
Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00 If Judge’s signature required JUDGE LGC § 118.101(11) $ 2.00 Application for sale of Real or Personal Property
Clerk’s Fee PROB LGC § 118.052(2)(B)(v) $ 25.00 Issuing Document PROB LGC §118.052(3)(A) $ 5.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 Service Fee CONST LGC § 181.131 $ 75.00
Fee includes one citation with service or posting. TOTAL $ 107.00 Small Estate Affidavit
Clerk’s Fee PROB LGC § 118.052(2)(A)(iii) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee PROB GC § 51.601(a) $ 15.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee JUDGE LGC § 118.101 $ 2.00
Fee does not include citation or service. TOTAL $ 269.00 Charge for each issuance of Citation PROB LGC §118.052(3)(A) $ 4.00 Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00 Mental Illness Filings
Clerk’s Fee MENJV LGC § 118.052(2)(A)(v) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee MENJV GC § 51.601(a) $ 15.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 County Attorney Fee CA HSC §574.031 $ 50.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Sheriff’s Fee PROB LGC § 118.131 $ 75.00 Judge’s Fee JUDGE LGC § 118.101 $ 2.00 Court Appointed Attorney Fees ATTRY HSC §574.031 $ 200.00 TOTAL $ 594.00 Civil Court/ Occupational License/Hardship License/ Foreign Judgments/Bond Forfeitures
Clerk’s Fee CIVIL LGC § 118.052(1)(A)(ii) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee CIVIL GC § 51.601(a) $ 15.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00
State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee JUDGE LGC § 118.101 $ 2.00
Fee does not include citation or service. TOTAL $ 244.00 Charge for each issuance of Citation CIVIL LGC §118.052(3)(A) $ 4.00 Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00 Cross Actions, Interventions, Pleas of Privilege or Motion for New Trial
Clerk’s Fee CIVIL LGC § 118.052(1)(B) $ 30.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00
Fee does not include citation or service. TOTAL $ 80.00 Charge for each issuance of Citation CIVIL LGC §118.052(3)(A) $ 4.00
Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00
If Judge’s signature required JUDGE LGC § 118.101(11) $ 2.00 Nondisclosure Petition as a Civil Filing Filed only as a new civil filing $ 244.00 Nondisclosure Fee NDF GC § 411.081(d) $ 28.00 TOTAL $ 272.00 Nondisclosure w/o Petition within a Criminal Case Nondisclosure Fee NDF GC § 411.081(d) $ 28.00
Application for Turnover Order & Injunctive Relief LGC §118.052(1)(B) $ 30.00 If Judge’s signature required JUDGE LGC § 118.101 $ 2.00
Writ of Garnishment….This fee is the same as a New Civil filing fee of $244.00 plus a $15.00 for preparing the Writ
LGC § 118.052(1)(A)(i) $ 259.00
No Writ of Garnishment shall be issued before final Judgment until the party applying has filed with the Clerk an order signed by the Court after a hearing. The Court shall further find in its order the amount of bond required payable to the Defendant in the amount fixed by the Court Order.
Jury Fee JURY 216 TEXAS RULES OF COURT & 51.604 GC $ 40.00
SERVICE BY CERTIFIED MAIL Mail Service of Process same as Sheriff LGC §118.052(3)(F) $ 75.00
ABSTRACT OF JUDGMENT IN ORGINAL ACTION CC LGC §118.052(1)(C)(i) $ 5.00
SERVICE DOCUMENTS: Citation; Notice; Commission to take Deposition; Show Cause; Subpoena; Precept to Serve; Temporary Restraining Order; Process; or other instrument or paper authorized or required to be issued by the Clerk
Issuing before judgment Issuing after judgment
CC CC
LGC §118.052(3)(A) LGC §118.052(1)(C)
$ 4.00
$ 5.00
Registry Funds in interest bearing accounts Deposit/Withdrawal with Court Order Only
Clerk receives 10% of the interest earned LGC 117.054(b)(1)
Registry Funds not earning interest Deposit/Withdrawal with Court Order Only
Clerk receives 5% not to exceed $50.00 LGC 117.055(a)
Cash Bonds-filed in relation to a criminal offense Refunded with Court Order Only upon Presentation of Valid ID
Clerk retains 5% not to exceed $50.00 CCP 17.02 LGC 117.055(a)
RETURN CHECK CHARGE Local Government Code § 118.011(b)(1) $ 30.00
Jl. 151 d g'[) at ~~~~~Ep F9R REG ~Oclock ORo
~-M Proposed NOTICE OF FEES FOR 2019 SEP 25 2018
GJEfV Hunt County Sheriff and Constable Fees a.Y. 7""-I-"-, j_L__.t.~ '/1'
J: /5) Jlfl Records Management & Records Archive
Written Plan
Fiscal Year 2018/19
Office of Hunt County Clerk Jennifer Lindenzweig
AUG 2 8 2018
Laws
Fund 81 -Record Management LGC §118.0216
Sec. 118.0216 RECORDS MANAGEMENT AND PRESERVATION.- Each document Filed $10.00 (a) The fee for "Records Management and Preservation" under Section 118.011 is for the records management and preservation services performed by the county clerk after the filing and recording of a document in the records of the office of the clerk. (b) The fee must be paid at the time of the filing of the document. (c) The fee shall be deposited in a separate records management and preservation account in the general fund ofthe county. (d) The fee may be used only to provide funds for specific records management and preservation, including for automation purposes. (e) All expenditures from the records management and preservation account shall comply with Subchapter C, Chapter 262.
Fund 88- Records Archive LGC §118.025
Sec 118.025 Each document filed $10.00 (b) the commissioners court of a county may adopt a records archive fee under Section 118.01l(f) as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. The fee for "Records Archive" under Section 118.011(f) is for the preservation and restoration services performed by the county clerk in connection with maintaining a county clerk's records archive. (d) The fee shall be deposited in a separate records archive account in the general fund of the county. (e) The funds generated from the collection of a fee under this section may be expended only for the preservation and restoration of the county clerk's records archive. (g) the county clerk shall prepare an annual written plan for funding the preservation and restoration of the county clerk's records archive. All expenditures from the records archive account shall comply with Subchapter C, Chapter 262. (h) If a county charges a fee under this section, a notice shall be posted in a conspicuous place in the County Clerk's Office. The notice must state the amount of the fee in the following form: "The Commissioners Court of __ County has determined that a Records Archive Fee of $_ is needed to preserve and restore county records."
Archive Plan Fiscal Year 2018/19 Steps to Implement * Posted notice in the Clerk's Office of Archive Fee charged (LGC 118.025(h))
* *
* *
Plan
Copy attached Prepare Archive Plan (LGC 118.025(g)) Newspaper Ad Ran 15 days prior to hearing (LGC 118.025 (g))
Copy attached Public Hearing (LGC 118.025(g)): copy of posted notice attached Commissioner' s Court Approval (LGC 118.025(i))
Completion of Phase I, as approved for FY 2017118, in archiving/restoration/preservation of 230 volumes of deed records and 8 plat cabinets. The Plat cabinets have been completed and the original plats and digital images have been returned to the Clerk' s Office. The 229 volumes, corrected from the original230 volumes due to volume 200 not actually being a book but a "place holder" for plat information, have been completed by restoring, archiving and binding in the new Disaster Safe Binders. New shelving to house these archived books have been discussed, ordered and are awaiting delivery and set up. Once the new shelving is in place, the books will be returned to the Clerk's Office and Phase 1 will have been completed. We will begin the next phase with reviewing other volumes, books, records that are need ofthe most repair and/or preservation. Once that determination has been completed, an updated restoration plan, which will include Phase II and possibly Phase III for those items will be presented.
Updates and stage progression of this project will be addressed and adjusted accordingly.
Summary
The County Clerk' s office has taken advantage of preserving and maintaining documents with the use of the records management and archive fee. These fees are dedicated to that task. The vast majority of the permanent records in the County Clerk' s office were paper based and used on a daily basis by the public making them vulnerable to loss by theft, wear and tear. We are still currently working in house on scanning projects for older judicial records as well as rescanning missing pages or bad scans and correcting indexing errors on older records and plats.
These records are preserved and repaired by adding the records management and archive fee to cover the cost of scanning and indexing the paper-based documents without additional cost to the County. Revenue collected and not expended in the fiscal year will be carried forward and used toward outstanding balances on the current projects. We will then re-assess and prioritize what records and/or documents need to be completed on future projects.
COUNTY CLERK'S RECORDS ARCHIVE FEE
Local Government Code 118.025(h)
(h) If a county charges a fee under this section, a notice shall be posted in a conspicuous place in the County Clerk's Office. The notice must state the amount of the fee in the following form:
"THE COMMISSIONERS COURT OF HUNT COUNTY HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $10.00 IS NEEDED TO PRESERVE AND RESTORE COUNTY RECORDS.''
#12,830 COMMISSIONER COURT MINTUES August 13, 2013
A 10 FRIDAY, AUGUST 10, 2018
UBLIC Hunt County Clerk
NOTICE
RE: COUNTY CLERK'S RECORDS ARCHNE FUND Notice is hereby given, per L.G.C. Sec. 118.025(g) that a public hearing regarding the County Clerk's Records Archive Fund shall be held on Tuesday, August 28, 2018 at l 0:00A.M. at 2700 Johnson Street. Greenville. Texas, in the Auxiliary Courtroom to allow public discussion regarding the use of these funds.
Hunt County
NOTICE OF PUBLIC HEARING
CLASSIFIEDS
Please be advised that a public hearing will be held on Wednesday. August 22, 2018. at 9:00AM. in the Auxiliary Courtroom.
at 2700 Johnson Street, Greenville, Texas , dates listed at end of notice. to discuss and possibly take action on:
l . A tax ra te of $0.511899 per $100 valuation has been proposed Jar adoption by lh<:> governing body of Hunt County. This rate exceeds the lower of the effective or rollback tax rate. and state law requires that two nublic he<Jrirws hf' hPlrl hv thP <"fnm>rn -
HUNTCOUNTY Please be advised that a public hearing will be held on Tuesday, August 28, 2018, at 10:00 AM, in the Auxiliary Courtroom, at 2700 Johnson Street, Greenville, Texas, to
· discuss and possibly take action on:
*TEXAS *
John L. Horn
Hunt County Judge
Amanda l. Blankenship
Executive Assistant
1. Adoption of the FY 2018-2019 Hunt County Budget. 9~
0
!~:o!~~94
:ax 2. Adoption of the FY 2018-2019 Hunt County Property Tax Post Office Box 1097 Rate.
Greenville, TX 3. Adoption ofthe FY 2018-2019 Hunt County Clerk's 75403-1097
Record Archive Plan.
This budget will raise more total property taxes than last year's budget by$ 2,925,520 (11.107%), and of that amount
$994, 17 6 is tax revenue to be raised from new property added to the tax roll this year.
This hearing is considered an Open Meeting, and shall be conducted as such, therefore the public is welcome t.o attend. Should you have any questions, please feel free to contact Amanda L. Blankenship at
903-408-4146.
Hunt County Judge
BILL OF COST DWI/DWI-2ND/DWI OC
COUNTY COURTS AT LAW #1 & #2
HUNT COUNTY, TEXAS
CAUSE NO. ___________________________________ _____
STATE OF TEXAS vs. ------------------------------------------------------------------
EMS Trauma Fund Cost CCP 102.0185 $100.00
Consolidated Court Cost LGC 133.102(a) $83.00
Drug Court Cost CCP 102.0178 $60.00
Clerk's Fee CCP 102.005(a) $40.00
Records Management Fee CCP 102.005(f)(1) $22.50
Court Clerk Records Management Fee CCP 102.005(f)(2) $2.50
Prosecutor's Fee CCP 102.008(a) $25.00
Judicial Fund Court Cost GC 51.702, 51.703 $15.00
Judicial Support Fee LGC 133.105(a) $6.00
Statewide E-filing Court Cost GC 51.851(d) $5.00
Juror Reimbursement Fee CCP 102.0045 $4.00
County & District Court Technology Fee CCP 102.0169 $4.00
Court Security Fee CCP 102.017 $3.00
Indigent Defense Fee LGC 133.107 $2.00
Moving Violation Fee CCP 102.22 $0.10
Time Payment Fee* LCG 133.103 $25.00
Video CCP 102.018(a) $15.00
Subtotal
ADDITIONAL COST TO BE ASSESSED IF APPLICABLE Quantity
Execute/Process Warrant (per wrnt in this offense) CCP 102.011(a)(2) $50.00
Serve Writ CCP 102.011(a)(4) $35.00
Take and approve bond (per bond in this offense) CCP 102.011(a)(5) $10.00
Convey Witness (charge per day) CCP 102.01 (c) $10.00
Arrest with/without warrant (per wrnt this offense) CCP 102.011(a)(1) $5.00
Summon Witness (cost per summons) CCP 102.011(a)(3) $5.00
Commitment to jail (per times this offense) CCP 102.011(a)(6) $5.00
Release from jail (per times this offense) CCP 102.011(a)(6) $5.00
Summon Jury CCP 102.011(a)(7) $5.00
Jury Fee (if Conviction is by Jury) CCP 102.004 $40.00
Subtotal
Total
I, Jennifer Lindenzweig, County Clerk, HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND
CORRECT BILL OF COSTS ACCRUED IN THIS CASE TO DATE
Jennifer Lindenzweig, Hunt County Clerk
Deputy
Date
*If the total amount due is paid in full within 30 days of
Sentence, the fee may be reduced by $25.00 Time Payment Fee
1
1
1
3
1
1
$100.00
$83.00
$60.00
$40.00
$22.50
$2.50
$25.00
$15.00
$6.00
$5.00
$4.00
$4.00
$3.00
$2.00
$0.10
$25.00
$15.00
$412.10
$50.00
$0.00
$10.00
$0.00
$5.00
$15.00
$5.00
$0.00
$0.00
$0.00
$85.00
$497.10
BILL OF COST
DWI/DWI-2ND/DWI OC
COUNTY COURTS AT LAW #1 & #2 HUNT COUNTY, TEXAS
CAUSE NO. ______________ __
STATEOFTEXASvs. ________________________ __
CONSOLIDATED COURT COST JUROR REIMBURSEMENT FEE EMS TRAUMA FUND CRIMINAL CONVICTION FEE JUDICIAL SUPPORT FEE STATE INDIGENT FEE STATE ELECTRONIC FEE TCLEOSE TIME PAYMENT FEE COURT FEES-CC ATTY RECORD MANAGEMENT FEE CC RECORD MANAGEMENT COURTHOUSE SECURITY COURT TECHNOLOGY FUND CLERK FEE DRUG COURT PROGRAM VIDEO
ADDITIONAL COST TO BE ASSESSED IF APPLICABLE SUMMON JURY JURY TRIAL FEE (if convicted by jury) SUMMON WITNESS (cost per summons)
$83.00 $4.00
$100.00 $15.00
$6.00 $2.00 $5.00 $0.10
$25.00 $25.00 $22.50
$2.50 $3.00 $4.00
$40.00 $60.00 $15.00
$5.00 $20.00
$5.00
$83.00 $4.00
$100.00 $15.00
$6.00 $2.00 $5.00 $0.10
$25.00 $25.00 $22.50
$2.50 $3.00 $4.00
$40.00 $60.00 $15.00
SUBTOTAL $412.10 Quantity
$0.00 $0.00 $0.00
TOTAL $412.10
I, Jennifer Lindenzweig, County Clerk, HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT BILL OF COSTS ACCRUED IN THIS CASE TO DATE
Jennifer Lindenzweig, Hunt County Clerk
~ · -~ ,._ ~vd.~_rv._~· .p
Deputy
Date
1
County-Level Court Civil Filing Fees Prepared by the Office of Court Administration (OCA)
Effective January 1, 2018
I. Statewide Required Filing Fees (Set Amounts)
1. Clerk’s Fee (Original Civil Suit) .......................................................................................3
2. Clerk’s Fee (Original Probate Suit) ..................................................................................3
3. Clerk’s Fee (Original Garnishment Suit after Judgment) .................................................3
4. Clerk’s Fee (Action within Existing Civil Suits) ..............................................................4
5. Inventory and Appraisement Late Fee ..............................................................................4
6. Annual or Final Account Fee ............................................................................................5
7. Application-for-Sale-of-Property Fee ...............................................................................5
8. Annual or Final Report-of-Guardian-of-Person Fee .........................................................5
9. Lengthy Document Fee .....................................................................................................6
10. Adverse Probate Action Fee ..............................................................................................6
11. Claim-Against-Estate Fee .................................................................................................6
12. Supplemental Court-Initiated Guardianship Fee ..............................................................7
13. Records Management and Preservation Fee .....................................................................7
14. Judicial Support Fee in County-Level Court other than Statutory Probate Court .............8
15. Judicial Support Fee in Statutory Probate Court................................................................8
16. Add’l Judicial Support Fee in Statutory County Court other than Stat. Probate Court .....8
17. Basic Civil Legal Services for Indigents Fee .....................................................................9
18. Central Adoption Registry Fee .........................................................................................9
19. Petition for Non-Disclosure Fee .....................................................................................10
20. SAPCR Transfer Fee ......................................................................................................10
21. Statewide E-Filing Fee ....................................................................................................10
22. Copy-of-Writ-of-Income-Withholding-to-Subsequent-Employer Fee ...........................11
23. Copy-of-Judicial-Writ-of-Income-Withholding-to-Subsequent-Employer Fee .............12
24. Judicial and Court Personnel Training Fee …..…...…………………………………...12
II. Statewide Required Filing Fees (Varying Amounts) 25. Additional Special Fee (Original Probate Suit) ..............................................................14
26. Court Record Preservation Fee .......................................................................................14
27. Family Protection Fee .....................................................................................................15
28. Law Library Fee ..............................................................................................................15
III. Statewide Optional Filing Fees (Set Amounts)
29. Clerk’s Fee (Action within SAPCR) ...............................................................................16
2
IV. Statewide Optional Filing Fees (Varying Amounts)
30. Courthouse Security Fee .................................................................................................17
31. Alternative Dispute Resolution (ADR) Fee ....................................................................17
32. Domestic Relations Office (DRO Initial Operations Fee ...............................................18
33. Domestic Relations Office (DRO) Initial Child Support Service Fee ............................18
34. Administrative Writ of Income Withholding Fee ...........................................................19
35. Modification-to-Withholding or Termination-of-Withholding Fee ................................19
36. County Clerk Insurance Contingency Fund Fee .............................................................20
37. District Clerk Insurance Contingency Fund Fee .............................................................20
V. Required Filing Fees in Certain Counties (Set Amounts)
38. Additional Judicial Support Fee in Constitutional County Court ...................................21
39. Supplemental Public Probate Administrator Fee ............................................................21
40. General Court Reporter Fee ............................................................................................22
41. El Paso County Court Reporter Fee ................................................................................22
42. Appellate Judicial System Fee (Districts 2, 3, 6, 7, 8, 9, 12) ...........................................22
43. Comal County Juvenile Placement Fee ..........................................................................23
VI. Required Filing Fees in Certain Counties (Varying Amounts)
44. Appellate Judicial System Fee (Districts 1, 4, 5, 13, 14) .................................................24
45. Orange County Adoption Suit Fee ..................................................................................24
46. Orange County Divorce Suit Fee ....................................................................................24
VII. Optional Filing Fees in Certain Counties (Set Amounts)
47. Appellate Judicial System Fee (District 11) ....................................................................25
VIII. Optional Filing Fees in Certain Counties (Varying Amounts)
48. Cameron County and Hidalgo County Civil Court Facility Fee ....................................26
49. Webb County Courthouse Security Fee ..........................................................................26
50. Bexar County Civil Court Facility Fee ..........................................................................27
51. Dallas County Civil Court Facility Fee .........................................................................27
52. Hays County Civil Court Facility Fee ...........................................................................28
53. Rockwall County Civil Court Facility Fee ....................................................................28
54. Travis County Civil Court Facility Fee .........................................................................28
55. Willacy County and Starr County Civil Court Facility Fee …………………...……….29
IX. Other Fees (If Applicable) 56. Jury Fee ……………………………………………..…………………………….……30
57. Nondisclosure Fee for Orders of Nondisclosure under Section 411.072 ………………30
58. Cameron County Technology and Infrastructure Fee ………………….……………….31
3
I. Statewide Required Filing Fees (Set Amounts)
(1) CLERK’S FEE (ORIGINAL CIVIL SUIT)
Source: Local Government Code §§ 118.052(1)(A)(ii); 118.053
Amount: $40.00
Statewide: Yes
Applicability: All new civil suits except: (1) probate court actions; (2) garnishments after
judgment (see Local Government Code § 118.052(1)(A)(i); and (3)
minors’ applications for orders authorizing an abortion without parental
notice (see Family Code, § 33.003(n))
“New civil suits” includes appeals from a justice of the peace or a
corporation court and a transfer of an action from another jurisdiction
Local Option: No – Fee is mandatory
Destination: County General Fund
(2) CLERK’S FEE (ORIGINAL PROBATE SUIT)
Source: Local Government Code §§ 118.052(2)(A)(i, ii, iii, iv, v); 118.055
Amount: $40.00
Statewide: Yes
Applicability: All new probate court actions including probates, administrations,
guardianships, community survivors, small estates, declarations of
heirship, mental health cases, and chemical dependency cases
Local Option: No – Fee is mandatory
Destination: County General Fund
(3) CLERK’S FEE (ORIGINAL GARNISHMENT SUIT AFTER JUDGMENT)
Source: Local Government Code §§ 118.052(1)(A)(i); 118.053
Amount: $15.00
4
Statewide: Yes
Applicability: All new garnishments after judgment
Local Option: No – Fee is mandatory
Destination: County General Fund
(4) CLERK’S FEE (ACTION WITHIN EXISTING CIVIL SUITS)
Source: Local Government Code §§ 118.052(1)(B); 118.054
Amount: $30.00
Statewide: Yes
Applicability Interpleaders, cross-actions (cross-claims), and other actions other than
original actions in all civil suits except: (1) probate court actions; and (2)
minors’ applications for orders authorizing an abortion without parental
notice (see Family Code, § 33.003(n))
Local Option: No – Fee is mandatory
Destination: County General Fund
(5) INVENTORY AND APPRAISEMENT LATE FEE
Source: Local Government Code §§ 118.052(2)(B)(i); 118.056(d)
Amount: $25.00
Statewide: Yes
Applicability: All inventories and appraisements filed after the 90th day after the date the
personal representative has qualified to serve or, if the court grants an
extension under Section 250, Probate Code, after the date of the extended
deadline specified by the court.
Local Option: No – Fee is mandatory
Destination: County General Fund
5
(6) ANNUAL OR FINAL ACCOUNT FEE
Source: Local Government Code § 118.052(2)(B)(iv)
Amount: $25.00
Statewide: Yes
Applicability: All annual accounts and final accounts
Local Option: No – Fee is mandatory
Destination: County General Fund
(7) APPLICATON-FOR-SALE-OF-PROPERTY FEE
Source: Local Government Code § 118.052(2)(B)(v)
Amount: $25.00
Statewide: Yes
Applicability: All applications for sale of real or personal property
Local Option: No – Fee is mandatory
Destination: County General Fund
(8) ANNUAL OR FINAL REPORT-OF-GUARDIAN-OF-PERSON FEE
Source: Local Government Code § 118.052(2)(B)(vi)
Amount: $10.00
Statewide: Yes
Applicability: All annual reports and final reports of guardians of persons
Local Option: No – Fee is mandatory
Destination: County General Fund
6
(9) LENGTHY DOCUMENT FEE
Source: Local Government Code § 118.052(2)(B)(vii)
Amount: $25.00
Statewide: Yes
Applicability: Any document (other than an inventory and appraisement, an annual or
final account, an application for the sale of property, or an annual or final
report of a guardian of a person) more than 25 pages in length filed in a
probate case after the earlier of: (1) the filing of an order approving an
inventory and appraisement; or (2) the 120th day after the date of the initial
filing of the case
Local Option: No – Fee is mandatory
Destination: County General Fund
(10) ADVERSE PROBATE ACTION FEE
Source: Local Government Code §§ 118.052(2)(C); 118.057
Amount: $40.00
Statewide: Yes
Applicability: All adverse probate actions
Local Option: No – Fee is mandatory
Destination: County General Fund
(11) CLAIM-AGAINST-ESTATE FEE
Source: Local Government Code §§ 118.052(2)(D); 118.058
Amount: $10.00
Statewide: Yes
Applicability: All claims against estates
Local Option: No – Fee is mandatory
7
Destination: County General Fund
(12) SUPPLEMENTAL COURT-INITIATED GUARDIANSHIP FEE
Source: Local Government Code §§ 118.052(2)(E); 118.067
Amount: $20.00
Statewide: Yes
Applicability: All new probate court actions and all adverse probate actions
Local Option: No – Fee is mandatory
Destination: Court-initiated Guardianship Fund in the County Treasury to be used only
to supplement (as opposed to supplant) other county funds used to (1) pay
the compensation of a guardian ad litem appointed by a court under Section
683 , Probate Code; (2) pay the compensation of an attorney ad litem
appointed by a court to represent a proposed ward under Section 683,
Probate Code; and (3) fund local guardianship programs that provide
guardians for indigent incapacitated persons who do not have family
members willing and able to serve as guardians.
(13) RECORDS MANAGEMENT AND PRESERVATION FEE
Source: Local Government Code §§ 118.052(3)(G); 118.0546; 118.0645
Amount: $5.00
Statewide: Yes
Applicability: All new civil suits except minors’ applications for orders authorizing an
abortion without parental notice (see Family Code, § 33.003(n)), all new
probate court actions, all garnishments after judgment, and all adverse
probate actions. Also, all “ancillary proceedings” to civil cases.
Local Option: No – Fee is mandatory
Destination: County Records Management and Preservation Fund
8
(14) JUDICIAL SUPPORT FEE IN COUNTY-LEVEL COURT OTHER THAN
STATUTORY PROBATE COURT
Source: Local Government Code § 133.154
Amount: $42.00
Statewide: Yes
Applicability: On the filing of any civil suit (including probate court actions and
garnishments after judgment) except minors’ applications for orders
authorizing an abortion without parental notice (see Family Code, §
33.003(n)). The fee should not be assessed on adverse probate actions.
While this fee is assessed in the foregoing suits filed in constitutional
county courts and statutory county courts (i.e., county courts at law), the
fee is not to be assessed in statutory probate courts (see Tex. Att’y Gen.
Op. No. GA-0568 (2007).
Local Option: No – Fee is mandatory
Destination: (a) State Judicial Fund; (b) County may retain any interest earned on fee
(15) JUDICIAL SUPPORT FEE IN STATUTORY PROBATE COURT
Source: Government Code § 51.704
Amount: $40.00
Statewide: Yes
Applicability: In each probate, guardianship, mental health, or civil case filed in a
statutory probate court, except minors’ applications for orders authorizing
an abortion without parental notice (see Family Code, § 33.003(n)). The
fee should not be assessed on adverse probate actions.
Local Option: No – Fee is mandatory
Destination: (a) State Judicial Fund; (b) County may retain any interest earned on fee
(16) ADDITIONAL JUDICIAL SUPPORT FEE IN STATUTORY COUNTY COURT
OTHER THAN STATUTORY PROBATE COURT
Source: Government Code § 51.702
9
Amount: $40.00
Statewide: Yes
Applicability: In each civil case filed (including probate court actions and garnishments
after judgment) in a statutory county court, except minors’ applications for
orders authorizing an abortion without parental notice (see Family Code, §
33.003(n)) that are filed. The fee should not be assessed on adverse
probate actions. The fee is not to be assessed in statutory probate courts.
Local Option: No – Fee is mandatory
Destination: (a) State Judicial Fund;
(b) County may retain any interest earned on fee
(17) BASIC CIVIL LEGAL SERVICES FOR INDIGENTS FEE
Source: Local Government Code § 133.153
Amount: $10.00
Statewide: Yes
Applicability: All new civil suits (including probate court actions and garnishments after
judgment) except minors’ applications for orders authorizing an abortion
without parental notice (see Family Code, § 33.003(n)). Also, all adverse
probate actions, all civil appeals from justice court and small claims court,
and all counterclaims, cross-actions, interventions, interpleaders, and
third-party actions.
Local Option: No – Fee is mandatory
Destination: (a) 95% to State Judicial Fund – Basic Civil Legal Services Account
(b) 5% to County General Fund as a “service fee” for collecting the fee
(c) County may retain any interest earned on fee
(18) CENTRAL ADOPTION REGISTRY FEE
Source: Family Code § 108.006.
Amount: $15.00
Statewide: Yes
10
Applicability: All new suits requesting adoption of a child
Local Option: No – Fee is mandatory
Destination: Texas Department of State Health Services (Texas Vital Statistics) –
special fund to operate central adoption file and central adoption registry
(19) PETITION FOR NONDISCLOSURE FEE
Source: Government Code § 411.0745
Amount: $28.00
Statewide: Yes
Applicability: New petitions for an order of nondisclosure, except for nondisclosures
under § 411.072, Government Code. See No. (58) below for
nondisclosures under § 411.072.
Local Option: No – Fee is mandatory
Destination: State Comptroller – State General Revenue Fund
(20) SAPCR TRANSFER FEE
Source: Family Code § 110.005
Amount: $45.00
Statewide: Yes
Applicability: All SAPCR’s (suits affecting the parent-child relationship) transferred
from other counties
Local Option: No – Fee is mandatory
Destination: County General Fund
(21) STATEWIDE E-FILING FEE
Source: Government Code § 51.851(b)
Amount: $30.00
11
Statewide: Yes
Applicability: (a) All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees
(b) All civil actions other than:
(1) the following actions in family-law cases (see Family Code
§ 110.002):
contempt action (motion for contempt)
motion for enforcement
motion for modification (motion to modify)(suit for
modification)
motion to revoke a stay of license suspension
motion to transfer
notice of application for judicial writ of withholding
petition for license suspension
(2) administrative writs of income withholding (see Family Code
§§ 231.202, 231.204)
(c) SPECIAL NOTE: The Court may waive this fee for an individual the
court determines is indigent. See Government Code, § 51.851(e).
Local Option: No – Fee is mandatory
Destination: Statewide Electronic Filing System Fund
(22) COPY-OF-WRIT-OF-INCOME-WITHHOLDING-TO-SUBSEQUENT-
EMPLOYER FEE
Source: Family Code § 8.267
Amount: $15.00
Statewide: Yes
Applicability: Upon the filing of a writ of withholding after a party has
delivered a copy of the writ to a subsequent employer
Local Option: No – Fee is mandatory
Destination: County General Fund
12
(23) COPY-OF-JUDICIAL-WRIT-OF-INCOME-WITHHOLDING-TO-
SUBSEQUENT-EMPLOYER FEE
Source: Family Code § 158.319
Amount: $15.00
Statewide: Yes
Applicability: Upon the filing of a judicial writ of withholding after a party has
delivered a copy of the writ to a subsequent employer
Local Option: No – Fee is mandatory
Destination: County General Fund
(24) JUDICIAL AND COURT PERSONNEL TRAINING FEE
Source: Government Code § 51.971 (effective September 1, 2017)
Amount: $5.00
Statewide: Yes
Applicability: (a) 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.
(b) The fee does not apply to the following:
fraudulent lien suits (see Civil Practice & Remedies Code §
12.005)
actions or proceedings with no filing fees
o motion for/findings on judicial review of lien/claim
documentation (Gov’t Code §§ 51.902, 51.903)
o expunctions suits filed within 30 days of acquittal (CCP
Art. 102.006(b) the fee shall be waived)
o minor’s application for order authorizing abortion w/o
parental notice (Family Code § 33.003(n))
certain guardianship filings
o inventory and appraisement – delayed
o annual or final account
o annual or final report of the guardianship of a person
o lengthy delayed probate document
certain actions in family-law cases (see Family Code §
110.002)
13
o contempt action (motion for contempt)
o motion for enforcement
o motion for modification (motion to modify) (suit for
modification)
o motion to revoke a stay of license suspension
o motion to transfer
o notice of application for judicial writ of income
withholding
o petition for license suspension
application for the sale of property
claims against the estate
Local Option: No – Fee is mandatory
Destination: (a) 100% to the state for the Judicial and Court Personnel Training Fund
(b) A county may not retain a service fee on the collection of the fee
(c) A court may waive the fee if it determines that a person is indigent.
14
II. Statewide Required Filing Fees (Varying Amounts)
(25) ADDITIONAL SPECIAL FEE (ORIGINAL PROBATE SUIT)
Source: Local Government Code §§ 118.052(2)(A)(vi); 118.064
Amount: $5.00 (Note: If the fee produces more revenue than required for the purposes
shown in the “Destination” section below, the commissioners court by order
shall reduce the fee to an amount that will not produce more revenue than
required.)
Statewide: Yes
Applicability: All new probate court actions including probates, administrations,
guardianships, community survivors, small estates, declarations of
heirship, mental health cases, and chemical dependency cases
Local Option: No – Fee is mandatory
Destination: County General Fund to be used for (1) the continuing education of the
judge and staff of the probate court; or (2) the county’s contribution to fund
the compensation of the presiding judge of the statutory probate courts in
Texas
(26) COURT RECORD PRESERVATION FEE
Source: Government Code § 51.708
Amount: $0.01 to $10.00
Statewide: Yes
Applicability: All new civil suits (including probate court actions and garnishments
after judgment) filed in a county court or statutory county court except
minors’ applications for orders authorizing an abortion without
parental notice (see Family Code, § 33.003(n)). The statute does not
list statutory probate courts, so this fee does not apply to new civil
suits filed in a statutory probate court. See Tex. Att’y Gen. Op. No.
GA-0568 (2007). The fee should not be assessed on adverse probate
actions.
Local Option: Fee is mandatory, but Commissioners Court (apparently) sets the fee
amount. (The statute does not say who is to set the fee.)
15
Destination: County Court Record Preservation Account
(27) FAMILY PROTECTION FEE
Source: Government Code § 51.961
Amount: $0.01 to $15.00
Statewide: Yes
Applicability: (a) All new suits for dissolution of marriage (i.e., divorce suits, annulment
suits, suits to declare a marriage void)
(b) All plaintiffs except those persons protected by an order issued under:
(1) Subtitle B, Title 4, Family Code (protective order)
(2) Article 17.292, Code of Criminal Procedure (magistrate’s order for
emergency protection)
Local Option: No – Fee is mandatory but Commissioners Court sets fee amount
Destination: County Family Protection Account
(28) LAW LIBRARY FEE
Source: Local Government Code § 323.023
Amount: $0.01 to $35.00
Statewide: Yes
Applicability: (a) All new civil suits (including probate actions and garnishments after
judgment) except delinquent tax suits and minors’ applications for orders
authorizing an abortion without parental notice (see Family Code, §
33.003(n))
(b) All plaintiffs except clerk’s county
Local Option: Fee is mandatory but Commissioners Court sets fee amount
Destination: County Law Library Fund
16
III. Statewide Optional Filing Fees (Set Amounts)
(29) CLERK’S FEE (ACTION WITHIN SAPCR)
Source: Family Code § 110.002
Amount: $15.00
Statewide: Yes
Applicability: (a) The following actions in SAPCR’s:
contempt action (motion for contempt)
motion for enforcement (motion to enforce)
motion for modification (motion to modify)(suit for modification)
motion to revoke a stay of license suspension
motion to transfer
notice of application for judicial writ of withholding
petition for license suspension
Local Option: Yes – Clerk “may” collect this fee
Destination: County General Fund
17
IV. Statewide Optional Filing Fees (Varying Amounts)
(30) COURTHOUSE SECURITY FEE
Source: Local Government Code § 291.008
Amount: $0.01 to $5.00
Statewide: Yes
Applicability: (a) All new civil suits filed in a county court or county court at law except
minors’ applications for orders authorizing an abortion without
parental notice (see Family Code, § 33.003(n))., all new probate court
actions, all garnishments after judgment, and all adverse probate
actions. The statute does not list statutory probate courts, so this
fee does not apply to new civil suits filed in a statutory probate
court. See Tex. Att’y Gen. Op. No. GA-0568 (2007).
(b) All plaintiffs except the State, a political subdivision of the State, and
the clerk’s county. If the plaintiff is the State or a political subdivision
of the State, then the security fee is not due at the time of filing but is
to be taxed and collected as costs against the nonprevailing party at the
conclusion of the trial. See Tex. Att’y Gen. Op. No. DM-283 (1994) at
n.3.
Local Option: (a) Yes – Commissioners Court “may” set fee
(b) Commissioners Court sets fee amount
Destination: County Courthouse Security Fund
(31) ALTERNATIVE DISPUTE RESOLUTION (ADR) FEE
Source: Civil Practice & Remedies Code § 152.004
Amount: $0.01 to $15.00
Statewide: Yes
Applicability: New civil suits except:
(a) mental commitment cases
(b) delinquent tax suits
(c) condemnation proceedings
(d) minors’ applications for orders authorizing an abortion without
parental notice (see Family Code, § 33.003(n))
(e) suits in which the plaintiff is the clerk’s county
18
Local Option: Yes –
(a) Fee can be collected only if commissioners court establishes a County
Alternative Dispute Resolution System.
(b) Commissioners Court “may” set fee.
(c) Commissioners Court sets fee amount
Destination: County Alternative Dispute Resolution System Fund
(32) DOMESTIC RELATIONS OFFICE (DRO) INITIAL OPERATIONS FEE
Source: Family Code §§ 110.006(a), (c), 203.005(a)(1)
Amount: $0.01 to $15.00
Statewide: No -- Only in counties that have established a Domestic Relations Office
under Family Code, § 203.002.
Applicability: All new SAPCR's and all motions to modify and motions to enforce
within SAPCR's
Local Option: Yes –
(a) Fee can be collected only if Commissioners Court establishes a County
Domestic Relations Office.
(b) “Administering Entity” (either Commissioners Court or Juvenile
Board) “may” authorize collection of fee.
(c) Administering entity sets fee amount.
(d) Administering entity may provide for certain fee exemptions.
Destination: Either of the following two funds:
(a) County General Fund; or (b) County Domestic Relations Office Fund
(33) DOMESTIC RELATIONS OFFICE (DRO) INITIAL CHILD SUPPORT
SERVICE FEE
Source: Family Code §§ 110.006(b), (c), 203.005(a)(2)
Amount: $0.01 to $36.00
Statewide: Yes
Applicability: All new SAPCR’s (does not include motions to modify or enforce)
19
Local Option: Yes –
(a) Fee can be collected only if Commissioners Court establishes a County
Domestic Relations Office and the County enters enters into a “child
support cooperative agreement” with the Title IV-D Agency.”
(b) “Administering Entity” (either Commissioners Court or Juvenile
Board) “may” authorize collection of fee.
(c) Administering Entity sets fee amount.
(d) Administering Entity may provide for certain fee exemptions
Destination: Either of the following two funds:
(a) County General Fund; or (b) County Domestic Relations Office Fund
(34) ADMINISTRATIVE WRIT OF INCOME WITHHOLDING FEE
Source: Family Code § 158.503
Amount: $0.01 to $15.00
Statewide: Yes
Applicability: Administrative writs of income withholding filed in SAPCR’s
Local Option: Yes –
(a) Clerk “may” charge the fee
(b) Clerk sets fee amount
Destination: County General Fund
(35) MODIFICATION-TO-WITHHOLDING OR TERMINATION-OF-
WITHHOLDING FEE
Source: Texas Family Code § 158.403
Amount: $0.01 to $15.00
Statewide: Yes
Applicability: All requests for the issuance and delivery to a child support obligor of a
modified writ of withholding or notice of termination of withholding.
Local Option: Yes – District Clerk “may” set fee
Destination: County General Fund
20
(36) COUNTY CLERK INSURANCE CONTINGENCY FUND FEE
Source: Local Government Code § 82.003
Amount: $0.01 to $5.00
Statewide: Yes
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees.)
Local Option: Yes –
(a) Fee can be collected only if Commissioners Court establishes a
contingency fund to provide insurance for County Clerk
(b) Commissioners Court “may” set this fee
(c) Commissioners Court sets fee amount
(d) Fee may only be collected until total amount of collected fees equals
amount required to be in the County Clerk Contingency Fund
Destination: County Clerk Insurance Contingency Fund
(37) DISTRICT CLERK INSURANCE CONTINGENCY FUND FEE
Source: Government Code § 51.302(e)
Amount: $0.01 to $5.00
Statewide: Yes
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees (see District Court
Civil Suits and Actions – Part III)
Local Option: Yes –
(a) Fee can be collected only if Commissioners Court establishes a
contingency fund to provide insurance for District Clerk
(b) Commissioners Court “may” set this fee
(c) Commissioners Court sets fee amount
(d) Fee may only be collected until total amount of collected fees equals
amount required to be in District Clerk Contingency Fund
Destination: District Clerk Insurance Contingency Fund
21
V. Required Filing Fees in Certain Counties (Set Amounts)
(38) ADDITIONAL JUDICIAL SUPPORT FEE IN CONSTITUTIONAL COUNTY
COURT
Source: Government Code § 51.703
Amount: $40.00
Statewide: Yes
Applicability: All new civil suits (including probate court actions and garnishments after
judgment) except minors’ applications for orders authorizing an abortion
without parental notice (see Family Code, § 33.003(n)) that are filed in a
constitutional county court if the judge of the court is entitled to an annual
salary supplement from the state under Government Code, Section 26.006.
The fee should not be assessed on adverse probate actions.
Local Option: No – Fee is mandatory in counties in which the county judge is entitled to
the above-referenced salary supplement.
Destination: (a) State Judicial Fund
(b) County may retain any interest earned on fee
(39) SUPPLEMENTAL PUBLIC PROBATE ADMINISTRATOR FEE
Source: Local Government Code §§ 118.052(2)(F); 118.068
Amount: $10.00
Statewide: Yes
Applicability: All new probate court actions including probates, administrations,
guardianships, community survivors, small estates, declarations of
heirship, mental health cases, and chemical dependency cases. The fee is
also charged in all adverse probate actions.
Local Option: No – Fee is mandatory in counties that have appointed a public probate
administrator under Chapter 455 of the Estates Code.
Destination: County Treasury to only be used to fund the expense of the public probate
administrator’s office.
22
(40) GENERAL COURT REPORTER FEE
Source: Government Code § 51.601(a)
Amount: $15.00
Statewide: No – all counties except counties located on the Texas-Mexico border that
contain a municipality with a population of 500,000 or more (i.e., El Paso
County)
Applicability: All new civil suits except delinquent tax suits, fraudulent lien suits (see
Civil Practice & Remedies Code § 12.005) and suits with no filing fees
Local Option: No – Fee is mandatory (as long as the county-level court has an official
court reporter)
Destination: Court Reporter Service Fund
(41) EL PASO COUNTY COURT REPORTER FEE
Source: Government Code § 51.601(a-1)
Amount: $30.00
Statewide: No – only in counties located on the Texas-Mexico border that contain a
municipality with a population of 500,000 or more – currently El Paso
County is the only such county
Applicability: All new civil suits except delinquent tax suits, fraudulent lien suits (see
Civil Practice & Remedies Code § 12.005) and suits with no filing fees
Local Option: No – Fee is mandatory (as long as the county-level court has an official
court reporter
Destination: Court Reporter Service Fund
(42) APPELLATE JUDICIAL SYSTEM FEE (DISTRICTS 2, 3, 6, 7, 8, 9, 12)
Source: Government Code §§ 22.2031, 22.2041, 22.2071, 22.2081, 22.2091,
22.2101, 22.2131
Amount: $5.00
23
Statewide: No – Only in counties in Court of Appeals District 2 (Fort Worth), District
3 (Austin), District 6 (Texarkana), District 7 (Amarillo), District 8 (El
Paso), District 9 (Beaumont), and District 12 (Tyler)
Applicability: For Districts 3, 7, and 9
(a) All new civil suits except delinquent tax suits, fraudulent lien suits (see
Civil Practice & Remedies Code § 12.005) and suits with no filing fees
(b) All plaintiffs except clerk’s county
For Districts 2, 6, 8 and 12
(a) All new civil suits except delinquent tax suits, fraudulent lien suits (see
Civil Practice & Remedies Code § 12.005) and suits with no filing fees
(b) All plaintiffs except any governmental entity
Local Option: No – Fee is mandatory
Destination: Appellate Judicial System Fund (for use by the relevant court of appeals)
(43) COMAL COUNTY JUVENILE PLACEMENT FEE
Source: Human Resources Code § 152.0522
Amount: $4.00
Statewide: No – Only in Comal County
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees. This fee is
charged only in a case assigned to a county court at law. The fee is not
charged in a case handled by the constitutional county court.
Local Option: No – Fee is mandatory
Destination: County Juvenile Special Placement Fund
24
VI. Required Filing Fees in Certain Counties (Varying Amounts)
(44) APPELLATE JUDICIAL SYSTEM FEE (DISTRICTS 1, 4, 5, 13, 14)
Source: Government Code §§ 22.2021, 22.2051, 22.2061, 22.2141
Amount: $0.01 to $5.00
Statewide: No – Only in counties in Court of Appeals Districts 1 (Houston), 4 (San
Antonio), 5 (Dallas), 13 (Corpus Christi), and 14 (Houston)
Applicability: (a) All new civil suits except delinquent tax suits, fraudulent lien suits (see
Civil Practice & Remedies Code § 12.005) and suits with no filing fees
Local Option: Fee is mandatory, but Commissioners Court sets fee amount
Destination: Appellate Judicial System Fund (for use by the relevant Court of Appeals)
(45) ORANGE COUNTY ADOPTION SUIT FEE
Source: Human Resources Code § 152.1874
Amount: Not less than $25.00
Statewide: No – Only in Orange County
Applicability: All new adoption suits
Local Option: Fee is mandatory but Juvenile Board (apparently) sets fee amount
Destination: County Adoption Investigation Fund
(46) ORANGE COUNTY DIVORCE SUIT FEE
Source: Human Resources Code § 152.1873
Amount: Not less than $5.00
Statewide: No – Only in Orange County
Applicability: All new divorce suits
Local Option: Fee is mandatory but Juvenile Board (apparently) sets fee amount
Destination: County fund used to cover expenses of the Orange County Juvenile Board
25
VII. Optional Filing Fees in Certain Counties (Set Amounts)
(47) APPELLATE JUDICIAL SYSTEM FEE (DISTRICT 11)
Source: Government Code § 22.2121
Amount: $5.00
Statewide: No – Only in counties in Court of Appeals District 11 (Eastland)
Applicability: (a) All new civil suits except delinquent tax suits, fraudulent lien suits (see
Civil Practice & Remedies Code § 12.005) and suits with no filing fee
(b) All plaintiffs except governmental entities
Local Option: Yes – Fee to be established upon request of the chief justice of the 11th
Court of Appeals
Destination: Appellate Judicial System Fund (for use by the 11th Court of Appeals in
Eastland)
26
VIII. Optional Filing Fees in Certain Counties (Varying Amounts)
(48) CAMERON COUNTY AND HIDALGO COUNTY CIVIL COURT FACILITY FEE
Source: Government Code § 51.711
Amount: $0.01 to $20.00
Statewide: No – Only in Cameron County and Hidalgo County
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees (see District Court
Civil Suits and Actions – Part III). The fee is to be assessed in a statutory
county court, but is not to be assessed in a constitutional county court.
Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee
(b) Fee is abolished if Commissioners Court rescinds resolution
(c) Fee is automatically abolished as of October 1, 2030
Destination: Special account in the county treasury dedicated to the construction,
renovation, or improvement of the facilities that house the courts in the
county collecting the fees.
(49) WEBB COUNTY COURTHOUSE SECURITY FEE
Source: Local Government Code § 291.009
Amount: $0.01 to $20.00
Statewide: No – Only in Webb County
Applicability: (a) All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees
(b) All plaintiffs except Webb County
Local Option: (a) Yes – Commissioners Court “may” set fee
(b) Commissioners Court sets fee amount
Destination: Special County Fund to be used only for courthouse security
27
(50) BEXAR COUNTY CIVIL COURT FACILITY FEE
Source: Government Code § 51.706
Amount: $0.01 to $15.00
Statewide: No – Only in Bexar County
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005); suits with no filing fees; and suits affecting the
parent-child relationship for the adoption of a child or the termination of
parental rights. The fee is to be assessed in a statutory probate court or a
county court at law. The fee is not to be assessed in a constitutional county
court.
Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee
(b) Earliest date for assessment of fee is October 1, 2009
(c) Fee is abolished if Commissioners Court rescinds resolution
(d) Fee is automatically abolished as of October 1, 2024
Destination: Special account in the county treasure dedicated to the construction,
renovation, or improvement of the facilities that house the Bexar County
civil and criminal courts.
(51) DALLAS COUNTY CIVIL COURT FACILITY FEE
Source: Government Code § 51.705
Amount: $0.01 to $15.00
Statewide: No – Only in Dallas County
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees. The fee is to be
assessed in a statutory probate court or a county court at law. The fee is
not to be assessed in a constitutional county court.
Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee
(b) Fee is abolished if Commissioners Court rescinds resolution
(c) Fee is automatically abolished as of July 1, 2030
Destination: Special County fund dedicated to construction, renovation and
improvement of Dallas County civil court facilities
28
(52) HAYS COUNTY CIVIL COURT FACILITY FEE
Source: Government Code § 51.707
Amount: $0.01 to $15.00
Statewide: No – Only in Hays County
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees. The fee is to be
assessed in a county court at law. The fee is not to be assessed in a
constitutional county court.
Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee
(b) Fee is abolished if Commissioners Court rescinds resolution
(c) Fee is automatically abolished as of July 1, 2022
Destination: Special County fund dedicated to construction, renovation and
improvement of the Hays County civil court facilities
(53) ROCKWALL COUNTY CIVIL COURT FACILITY FEE
Source: Government Code § 51.709 (Version 1)
Amount: $0.01 to $15.00
Statewide: No – Only in Rockwall County
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees. The fee is to be
assessed in a county court at law, but not in a constitutional county court.
Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee
(b) Fee is abolished if Commissioners Court rescinds resolution
(c) Fee is automatically abolished as of July 1, 2025
Destination: Special County Fund to be used for the construction, renovation, or
improvement of the facilities that house the courts collecting the fee.
(54) TRAVIS COUNTY CIVIL COURT FACILITY FEE
Source: Government Code § 51.710
Amount: $0.01 to $15.00
29
Statewide: No – Only in Travis County
Applicability: (a) All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees. The fee is to
be assessed in a county court at law and a statutory probate court, but
not in a constitutional county court.
Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee
(b) Fee is abolished if Commissioners Court rescinds resolution
(c) Fee is automatically abolished as of October 1, 2028
Destination: Special County Fund dedicated to the construction, renovation, or
improvement of the facilities that house the courts collecting the fee.
(55) WILLACY COUNTY AND STARR COUNTY CIVIL COURT FACILITY FEE
Source: Government Code § 51.713
Amount: $0.01 to $20.00
Statewide: No – Only Willacy County and Starr Counties
Applicability: All new civil suits except fraudulent lien suits (see Civil Practice &
Remedies Code § 12.005) and suits with no filing fees (see District Court
Civil Suits and Actions – Part III)
Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee
(b) Fee is abolished if Commissioners Court rescinds resolution
(c) Fee is automatically abolished on October 1, 2045, unless the
Commissioners Court has already rescinded it
Destination: Special County fund dedicated to the construction, renovation and
improvement of the Willacy or Starr County civil court facilities
30
IX. Other Fees (If Applicable)
(56) JURY FEE
Source: Government Code § 51.604
Amount: $40.00
Statewide: Yes
Applicability: When a party in a civil case applies for a jury trial
Local Option: Fee is mandatory
Destination: County General Fund
(57) NONDISCLOSURE FEE FOR ORDERS OF NONDISCLOSURE UNDER § 411.072
FOR CERTAIN NONVIOLENT MISDEMEANORS
Source: Government Code § 411.072(c)
Amount: $28.00
Statewide: Yes
Applicability: If the court is required to issue an order of nondisclosure pursuant to § 411.072(b), Government Code, the petitioner (defendant) must pay this fee
before the court issues the order.
A defendant is not required to file a petition for this type of order of
nondisclosure, so a clerk should not charge fees that generally apply upon
the filing of a civil petition.1 OCA has provided a model letter for
defendants to submit to the court. This letter is not a petition and should be
used only if the court has not already issued the order.
Local Option: Fee is mandatory
Destination: 100% to the State for deposit in the State’s General Revenue Fund
1 Compare the language of § 411.072(b) with the language of §§ 411.0725(b), 411.0727(b), 411.0728(b), 411.073(b), 411.0731(b), 411.0735(b), and 411.0736(b). Unlike these other sections, Section 411.072(b) does not
contain a sentence with language the same as or similar to, “the person may petition the court” or “the person is
entitled to file with the court …. a petition.”
31
(58) CAMERON COUNTY TECHNOLOGY AND INFRASTRUCTURE FEE
Source: Local Government Code §§ 118.069, 118.101, 118.102; Government Code
§103.030(7)
Amount: $2.00
Statewide: No – Only in Cameron County
Applicability: When a person pays a fee for a probate matter under §118.101, LGC, or
when a records management and preservation fee is assessed under
§118.0546 or 118.0645, LGC, upon the filing of any civil case or ancillary
pleading thereto or any probate case or adverse probate action.
Local Option: Yes – Commissioners Court may adopt this fee. DO NOT ASSESS THIS
FEE IF THE COMMISSIONERS COURT HAS NOT ADOPTED
THE FEE AS PART OF THE COUNTY’S ANNUAL BUDGET. The
fee must be set and itemized in the county's budget as part of the budget
preparation process.
Destination: 100% of the fee is retained by the county and is deposited in a separate
records technology and infrastructure account in the general fund of the
county. Any interest accrued remains with the account. The funds
generated from the collection of this fee may be used only for technology
and infrastructure for the maintenance of county records and the operation
of the county records system.
C
ou
nty
Cle
rks
’ M
isd
em
ea
no
r C
on
vic
tio
n C
ou
rt C
os
t C
ha
rt
(O
RIG
INA
L J
UR
ISD
ICT
ION
) – 0
1/0
1/2
018
A
B
C
D
E
F
G
H
I
J
A
lwa
ys
Ch
arg
e C
ost
No
s. 1 t
hru
15 u
po
n c
on
vic
tio
n (
inclu
din
g d
efe
rre
d a
dju
dic
ati
on
an
d d
efe
rre
d
dis
po
sit
ion
).
1
E
mer
genc
y M
edic
al S
ervi
ces
(EM
S),
Trau
ma
Faci
litie
s an
d Tr
aum
a C
are
Sys
tem
s C
ost –
CC
P, a
rt. 1
02.0
185
100
100
100
0
0
0
0
0
0
0
2
Con
solid
ated
Cou
rt C
ost –
LG
C, §
133
.102
(a)
83
83
83
83
83
83
83
83
83
83
3
D
rug
Cou
rt C
ost –
CC
P, a
rt. 1
02.0
178
60
60
60
60
0
0
0
0
0
0
4
Ju
veni
le D
elin
quen
cy P
reve
ntio
n Fe
e –
CC
P, a
rt. 1
02.0
171(
a)
0
0
0
0
50
0
0
0
0
0
5
Cle
rk’s
Fee
– C
CP
, art.
102
.005
(a)
40
40
40
40
40
40
40
40
40
40
6
S
tate
Tra
ffic
Fine
– T
rans
p. C
ode,
§54
2.40
31
0
0
0
0
0
3
0
30
0
0
0
7
R
ecor
ds M
anag
emen
t Fee
– C
CP
, art.
102
.005
(f)
25
25
25
25
25
25
25
25
25
25
8
Ju
dici
al F
und
Cou
rt C
ost –
Gov
ernm
ent C
ode,
§§
51.7
02, 5
1.70
3 1
5 1
5 1
5 1
5 1
5 1
5 1
5 1
5 1
5 1
5
9
Judi
cial
Sup
port
Fee
– Lo
cal G
ov’t
Cod
e, §
133
.105
(a)
6
6
6
6
6
6
6
6
6
6
10
C
ount
y an
d D
istri
ct C
ourt
Tech
nolo
gy F
und
Fee
– C
CP
, art.
102
.016
9
4
4
4
4
4
4
4
4
4
4
1
1
Cou
rt S
ecur
ity F
ee –
CC
P, a
rt. 1
02.0
17(b
)
3
3
3
3
3
3
3
3
3
3
1
2
Add
ition
al C
ourt
Cos
t – T
rans
p. C
ode,
§ 5
42.4
03
0
0
0
0
0
3
3
0
0
0
13
In
dige
nt D
efen
se F
ee –
Loc
al G
ov’t
Cod
e, §
133
.107
2
2
2
2
2
2
2
2
2
2
1
4
Mov
ing
Vio
latio
n Fe
e –
CC
P, a
rt. 1
02.0
22
0
.10
0
.10
0
0
0
0.1
0
0
0
.10
0
0
T
OT
AL
CO
ST
S A
LW
AY
S C
HA
RG
ED
UP
ON
CO
NV
ICT
ION
(IN
CL
UD
ING
DE
FE
RR
ED
AD
JU
DIC
AT
ION
A
ND
DE
FE
RR
ED
DIS
PO
SIT
ION
) 3
38
.10
33
8.1
0
33
8
23
8
228
2
11
.10
2
11
178
.10
178
178
15
D
NA
Tes
ting
Cou
rt C
ost N
o. 2
– C
CP
, art.
102
.020
(a)(
2)
C
ha
rge
d u
po
n c
on
vic
tio
n (
inc
lud
ing
de
ferr
ed
ad
jud
ica
tio
n)
if t
he
co
urt
do
es
no
t w
aiv
e t
he
co
st
be
ca
us
e t
he
de
fen
da
nt
is i
nd
ige
nt
an
d u
na
ble
to
pa
y.
0
0
0
0
0
0
0
0
50
0
C
os
t N
os. 1
7 t
hru
28 a
re c
harg
ed
up
on
co
nvic
tio
n (
inc
lud
ing
de
ferr
ed
ad
jud
ica
tio
n a
nd
de
ferr
ed
d
isp
os
itio
n)
if t
he a
pp
licab
le s
erv
ice w
as p
erf
orm
ed
by a
pea
ce o
ffic
er.
16
E
xecu
te o
r Pro
cess
Arre
st W
arra
nt, C
apia
s, o
r Cap
ias
Pro
Fin
e - C
CP
, 102
.011
(a)(2
) 5
0 5
0 5
0 5
0 5
0 5
0 5
0 5
0 5
0 5
0 17
S
erve
Writ
– C
CP
, art.
102
.011
(a)(4
) 3
5 3
5 3
5 3
5 3
5 3
5 3
5 3
5 3
5 3
5 18
Ta
ke a
nd A
ppro
ve B
ond
– C
CP
, art.
102
.011
(a)(
5)
10
10
10
10
10
10
10
10
10
10
19
C
onve
y W
itnes
s (c
harg
e pe
r day
) – C
CP
, art.
102
.011
(c)
10
10
10
10
10
10
10
10
10
10
20
A
rrest
with
out W
arra
nt o
r Iss
ue N
otic
e to
App
ear –
CC
P, 1
02.0
11(a
)(1)
5
5
5
5
5
5
5
5
5
5
21
S
umm
on W
itnes
s (c
harg
e pe
r witn
ess
each
tim
e su
mm
oned
) – C
CP
, art.
102
.011
(a)(3
)
5
5
5
5
5
5
5
5
5
5
2
2
Com
mitm
ent t
o Ja
il –
CC
P, a
rt. 1
02.0
11(a
)(6)
5
5
5
5
5
5
5
5
5
5
23
R
elea
se fr
om J
ail –
CC
P, a
rt. 1
02.0
11(a
)(6)
5
5
5
5
5
5
5
5
5
5
2
4
Sum
mon
Jur
y –
CC
P, a
rt. 1
02.0
11(a
)(7)
5
5
5
5
5
5
5
5
5
5
2
5
Mile
age
Fees
for c
erta
in C
onve
yanc
es a
nd T
rave
l (29
¢/m
ile) –
CC
P, a
rt. 1
02.0
11(b
)
x
x
x
x
x
x
x
x
x
x
26
M
eals
/Lod
ging
Exp
ense
s fo
r cer
tain
Con
veya
nces
and
Tra
vel –
CC
P, a
rt. 1
02.0
11(b
)
x
x
x
x
x
x
x
x
x
x
27
O
verti
me
Cos
ts fo
r Tes
tifyi
ng a
t Tria
l - C
CP
, 102
.011
(i)
x
x
x
x
x
x
x
x
x
x
28
Ju
ry F
ee –
CC
P, a
rt. 1
02.0
04
C
harg
ed
up
on
co
nvic
tio
n b
y j
ury
on
ly.
4
0 4
0 4
0 4
0 4
0 4
0 4
0 4
0
40
40
29
P
rose
cuto
r’s F
ee –
CC
P, a
rt. 1
02.0
08(a
) C
ha
rge
d u
po
n c
on
vic
tio
n.
Th
e s
tatu
te d
oe
s n
ot
ind
ica
te t
ha
t “c
on
vic
tio
n” i
nc
lud
es
de
ferr
ed
a
dju
dic
ati
on
an
d d
efe
rre
d d
isp
os
itio
n.
Th
is f
ee
ap
pli
es
to
mis
de
me
an
ors
an
d g
am
bli
ng
off
en
se
s.
25
25
25
25
25
25
25
25
25
2
5
30
Ju
ror R
eim
burs
emen
t Fee
– C
CP
, art.
102
.004
5 C
ha
rge
d u
po
n c
on
vic
tio
n.
Th
e s
tatu
te d
oe
s n
ot
ind
ica
te t
ha
t “c
on
vic
tio
n” i
nc
lud
es
de
ferr
ed
ad
jud
icati
on
an
d d
efe
rred
dis
po
sit
ion
. T
his
fee
ap
plies
wh
eth
er
or
no
t th
ere
was a
ju
ry t
rial.
4
4
4
4
4
4
4
4
4
4
31
V
isua
l Rec
ordi
ng C
ost –
CC
P, a
rt. 1
02.0
18(a
) C
ha
rge
d u
po
n c
on
vic
tio
n (
inc
lud
ing
de
ferr
ed
ad
jud
ica
tio
n a
nd
de
ferr
ed
dis
po
sit
ion
) if
a l
aw
e
nfo
rce
me
nt
ag
en
cy u
se
d a
n e
lec
tro
nic
de
vic
e t
o v
isu
all
y r
ec
ord
th
e d
efe
nd
an
t.
15
15
0
0
0
0
0
0
0
0
32
R
estit
utio
n In
stal
lmen
t Fee
– C
CP
, art.
42.
037(
g)
C
ha
rge
d u
po
n c
on
vic
tio
n i
f th
e c
ou
rt o
rde
red
in
sta
llm
en
t p
ay
me
nts
. T
he
sta
tute
do
es n
ot
ind
icate
th
at
“c
on
vic
tio
n” i
nc
lud
es
de
ferr
ed
ad
jud
ica
tio
n a
nd
de
ferr
ed
dis
po
sit
ion
.
12
1
2
12
12
12
12
12
12
12
1
2
33
S
tate
wid
e E
-Fili
ng F
ee –
Gov
’t C
ode,
§ 5
1.85
1(d)
C
ha
rge
d u
po
n c
on
vic
tio
n (
inc
lud
ing
de
ferr
ed
ad
jud
ica
tio
n a
nd
de
ferr
ed
dis
po
sit
ion
) if
th
e c
ou
rt d
id
no
t w
aiv
e t
he f
ee b
eca
use t
he d
efe
nd
an
t is
in
dig
en
t.
5
5
5
5
5
5
5
5
5
5
34
D
rug
or A
lcoh
ol R
ehab
ilita
tion
Eva
luat
ion
Cou
rt C
ost –
CC
P, a
rt. 1
02.0
18(b
)
Ch
arg
ed
up
on
co
nvic
tio
n (
inc
lud
ing
de
ferr
ed
ad
jud
ica
tio
n)
if t
he
co
urt
did
no
t w
aiv
e b
ec
au
se
th
e
de
fen
da
nt
is i
nd
ige
nt.
x
0
0
0
0
0
0
0
0
0
NO
TE
: W
hen
“X
” a
pp
ears
on
th
e c
hart
th
is i
nd
icate
s t
hat
the a
mo
un
t m
ust
be c
alc
ula
ted
as p
rovid
ed
in
th
e s
tatu
te.
Th
e f
ollo
win
g c
osts
are
ch
arg
ed
in
ap
pro
pri
ate
cir
cu
msta
nces:
(35)
Tran
sact
ion
Fee
– C
CP
, art.
102
.072
– n
ot to
exc
eed
$2.0
0
This
opt
iona
l fee
may
be
char
ged
on e
ach
trans
actio
n re
latin
g to
the
colle
ctio
n of
fine
s, fe
es, r
estit
utio
n, o
r oth
er c
osts
impo
sed
by a
cou
rt.
(36)
Tim
e P
aym
ent F
ee –
LG
C, §
133
.103
-- $
25.0
0 Th
is fe
e is
requ
ired
whe
neve
r a p
erso
n co
nvic
ted
of a
n of
fens
e pa
ys a
ny p
art o
f a fi
ne, c
ourt
cost
s, o
r res
titut
ion
on o
r afte
r the
31st
day
afte
r the
ju
dgm
ent e
nter
ed a
sses
sing
the
fine,
cou
rt co
sts,
or r
estit
utio
n. F
or th
is fe
e, “c
onvi
cted
” inc
lude
s de
ferr
ed a
djud
icat
ion
and
defe
rred
dis
posi
tion.
(37)
Adm
inis
trativ
e Fe
e (O
mni
Fee
– F
ailu
re to
Pay
) – T
rans
porta
tion
Cod
e, §
706
.006
(b) -
- $30
.00
(d
river
’s li
cens
e)
This
fee
is r
equi
red
if a
pers
on fa
ils to
pay
or
satis
fy a
judg
men
t ord
erin
g th
e pa
ymen
t of a
fine
and
cos
t in
the
man
ner
the
cour
t ord
ers
it, b
ut
only
if th
e co
urt d
oes
not m
ake
a fin
ding
that
the
pers
on is
indi
gent
. N
OT
E: A
per
son
is p
resu
med
to b
e in
dige
nt if
the
pers
on: (
1) is
requ
ired
to a
ttend
sch
ool f
ull t
ime
unde
r Sec
tion
25.0
85, E
duca
tion
Cod
e; (2
) is
a m
embe
r of
a h
ouse
hold
with
a to
tal a
nnua
l inc
ome
that
is b
elow
125
per
cent
of t
he a
pplic
able
inco
me
leve
l est
ablis
hed
by th
e fe
dera
l pov
erty
gu
idel
ines
; or (
3) re
ceiv
es a
ssis
tanc
e fro
m: (
A) t
he fi
nanc
ial a
ssis
tanc
e pr
ogra
m e
stab
lishe
d un
der C
hapt
er 3
1, H
uman
Res
ourc
es C
ode;
(B) t
he
med
ical
ass
ista
nce
prog
ram
und
er C
hapt
er 3
2, H
uman
Res
ourc
es C
ode;
(C
) th
e su
pple
men
tal n
utrit
ion
assi
stan
ce p
rogr
am e
stab
lishe
d un
der
Cha
pter
33,
Hum
an R
esou
rces
Cod
e; (
D)
the
fede
ral s
peci
al s
uppl
emen
tal n
utrit
ion
prog
ram
for
wom
en, i
nfan
ts, a
nd c
hild
ren
auth
oriz
ed b
y 42
U
.S.C
. Sec
tion
1786
; or (
E) t
he c
hild
hea
lth p
lan
prog
ram
und
er C
hapt
er 6
2, H
ealth
and
Saf
ety
Cod
e. S
ee T
rans
porta
tion
Cod
e §
706.
006(
d
(38)
Ord
er o
f Non
disc
losu
re F
ee –
Gov
ernm
ent C
ode,
§ 4
11.0
72 --
$28
.00
This
fee
is re
quire
d be
fore
the
cour
t iss
ues
an o
rder
of n
ondi
sclo
sure
und
er §
411
.072
(b).
A p
erso
n is
not
requ
ired
to fi
le a
pet
ition
for a
n or
der o
f no
ndis
clos
ure
unde
r § 4
11.0
72, s
o th
e cl
erk
shou
ld n
ot c
harg
e fe
es th
at g
ener
ally
app
ly u
pon
the
filin
g of
a c
ivil
petit
ion.
Com
pare
the
lang
uage
of
§ 4
11.0
72(b
) with
the
lang
uage
of §
§ 41
1.07
25(b
), 41
1.07
27(b
), 41
1.07
28(b
), 41
1.07
3(b)
, 411
.073
1(b)
, 411
.073
5(b)
, and
411
.073
6(b)
. Unl
ike
thes
e ot
her
sect
ions
, S
ectio
n 41
1.07
2(b)
doe
s no
t co
ntai
n a
sent
ence
with
lang
uage
the
sam
e as
or
sim
ilar
to,
“the
pers
on m
ay p
etiti
on t
he
cour
t” or
“the
per
son
is e
ntitl
ed to
file
with
the
cour
t…. a
pet
ition
.”
Deta
iled
Des
cri
pti
on
of
Off
en
ses i
n e
ach
Mis
dem
ean
or
Cate
go
ry o
n C
hart
A
D
rivin
g W
hile
Into
xica
ted
(DW
I) pu
nish
able
und
er P
enal
Cod
e, §
49.
04(b
) B
D
rivin
g W
hile
Into
xica
ted
(DW
I) pu
nish
able
und
er P
enal
Cod
e, §
49.
04(c
), (d
) C
C
lass
A o
r B M
isde
mea
nor I
ntox
icat
ion
Offe
nse
othe
r tha
n D
WI –
Pen
al C
ode,
§§
49.0
5 - 4
9.06
5 D
C
lass
A o
r B M
isde
mea
nor D
rug
Offe
nse
– H
ealth
& S
afet
y C
ode,
Ch.
481
E
C
lass
A o
r B M
isde
mea
nor G
raffi
ti O
ffens
e –
Pen
al C
ode,
§ 2
8.08
F
Cla
ss A
or B
Mis
dem
eano
r Rul
es-o
f-the
-Roa
d O
ffens
e1 tha
t is
a m
ovin
g vi
olat
ion2
G
Cla
ss A
or B
Mis
dem
eano
r Rul
es-o
f-the
-Roa
d O
ffens
e th
at is
not
a m
ovin
g vi
olat
ion
H
G
ener
al C
lass
A o
r B M
isde
mea
nor O
ffens
e3 tha
t is
a m
ovin
g vi
olat
ion
I P
ublic
Lew
dnes
s –
Pen
al C
ode,
§ 2
1.07
Inde
cent
Exp
osur
e –
Pen
al C
ode,
§ 2
1.08
Te
rror
istic
Thr
eat –
Pen
al C
ode,
§ 2
2.07
(if a
Cla
ss A
Mis
dem
eano
r)
E
ntic
ing
a C
hild
– P
enal
Cod
e, §
25.
04
P
rost
itutio
n –
Pen
al C
ode,
§ 4
3.02
(b)
S
ale,
Dis
tribu
tion,
or D
ispl
ay o
f Har
mfu
l Mat
eria
l to
Min
or –
Pen
al C
ode,
§ 4
3.24
Ele
ctro
nic
Tran
smis
sion
of C
erta
in V
isua
l Mat
eria
l Dep
ictin
g M
inor
– P
enal
Cod
e, §
43.
261
(if a
Cla
ss A
Mis
dem
eano
r)
J G
ener
al C
lass
A o
r B M
isde
mea
nor O
ffens
e th
at is
not
a m
ovin
g vi
olat
ion
1 A
rule
s-of
-the-
road
offe
nse
is a
ny o
ffens
e fo
und
in T
rans
porta
tion
Cod
e, C
hapt
ers
541
thro
ugh
600.
2
The
list o
f offe
nses
con
side
red
to b
e m
ovin
g vi
olat
ions
can
be
foun
d at
37
Tex.
Adm
in. C
ode
§ 15
.89(
b). T
he li
st is
ava
ilabl
e on
line
at
http
://te
xreg
.sos
.sta
te.tx
.us/
fids/
2014
0391
0-1.
htm
l . 3 A
gen
eral
Cla
ss A
or B
mis
dem
eano
r offe
nse
is a
ny C
lass
A o
r B M
isde
mea
nor o
ffens
e ot
her t
han
an o
ffens
e lis
ted
in C
olum
ns A
thro
ugh
H o
r in
Col
umn
J.
Co
urt
Co
st
an
d F
ee D
esti
nati
on
s
(1)
90%
to S
tate
acc
ount
fund
ing
emer
genc
y m
edic
al s
ervi
ces,
trau
ma
faci
litie
s, a
nd tr
aum
a ca
re s
yste
ms;
10%
as
a co
llect
ion
fee
to th
e C
ount
y.
(2
) G
ener
ally
, 90%
to th
e S
tate
and
10%
to th
e C
ount
y as
a c
olle
ctio
n fe
e to
be
depo
site
d in
the
Cou
nty
Gen
eral
Fun
d. H
owev
er, a
cou
nty
may
be
able
to re
tain
an
addi
tiona
l $22
.50
if th
e co
unty
mai
ntai
ns a
cer
tifie
d br
eath
alc
ohol
test
ing
prog
ram
but
doe
s no
t use
the
serv
ices
of a
cer
tifie
d te
chni
cal s
uper
viso
r em
ploy
ed b
y D
PS
and
the
conv
ictio
n w
as a
n of
fens
e un
der
Cha
pter
49,
Pen
al C
ode,
oth
er th
an a
n of
fens
e th
at is
a C
lass
C m
isde
mea
nor (
See
Art.
102
.016
(b),
CC
P).
The
Sta
te m
oney
goe
s to
12
dest
inat
ions
as
follo
ws:
(1) a
buse
d ch
ildre
n’s
coun
selin
g [0
.008
8%];
(2)
crim
e st
oppe
rs a
ssis
tanc
e [0
.258
1%];
(3)
brea
th a
lcoh
ol te
stin
g [0
.550
7%];
(4)
Bill
Bla
ckw
ood
Law
Enf
orce
men
t Man
agem
ent I
nstit
ute
[2.1
683%
]; (5
) la
w
enfo
rcem
ent
offic
ers
stan
dard
s an
d ed
ucat
ion
[5.0
034%
]; (6
) co
mpr
ehen
sive
reh
abili
tatio
n [9
.821
8%];
(7)
law
enf
orce
men
t an
d cu
stod
ial
offic
er s
uppl
emen
tal
retir
emen
t fu
nd
[11.
1426
%];
(8)
crim
inal
just
ice
plan
ning
[12
.553
7%];
(9)
Cen
ter
for
the
Stu
dy a
nd P
reve
ntio
n of
Juv
enile
Crim
e an
d D
elin
quen
cy a
t P
rairi
e V
iew
A&
M U
nive
rsity
[1.
2090
%];
(10)
co
mpe
nsat
ion
to v
ictim
s of
crim
e fu
nd [3
7.63
38%
]; (1
1) e
mer
genc
y ra
dio
infra
stru
ctur
e ac
coun
t [5.
5904
%];
(12)
judi
cial
and
cou
rt pe
rson
nel t
rain
ing
fund
[4.8
362%
]; (1
3) C
orre
ctio
nal
Man
agem
ent I
nstit
ute
of T
exas
and
Crim
inal
Jus
tice
Cen
ter A
ccou
nt [1
.209
0%];
and
(14)
fair
defe
nse
acco
unt [
8.01
4317
.844
8%].
If a
coun
ty is
ent
itled
to re
tain
the
addi
tiona
l $22
.50,
it
mus
t be
used
to d
efra
y th
e co
sts
of m
aint
aini
ng a
nd s
uppo
rting
a c
ertif
ied
brea
th a
lcoh
ol te
stin
g pr
ogra
m.
(3
) In
cou
ntie
s w
ith d
rug
cour
t pro
gram
s: (1
) 50%
to th
e C
ount
y to
dev
elop
and
mai
ntai
n C
ount
y dr
ug c
ourt
prog
ram
s; (2
) 40%
to th
e S
tate
to th
e D
rug
Cou
rt A
ccou
nt in
the
Sta
te G
ener
al
Rev
enue
Fun
d to
hel
p fu
nd d
rug
cour
t pro
gram
s es
tabl
ishe
d un
der C
hapt
ers
122
– 12
5, G
over
nmen
t Cod
e; a
nd (3
) 10%
as
a se
rvic
e fe
e to
the
Cou
nty
Gen
eral
Fun
d. I
n co
untie
s w
ith
no d
rug
cour
t pro
gram
s, 1
0% is
reta
ined
by
the
Cou
nty
as a
ser
vice
fee
and
90%
is d
irect
ed to
the
Sta
te D
rug
Cou
rt A
ccou
nt a
s m
entio
ned
abov
e.
(4
) 10
0% to
the
Cou
nty
Juve
nile
Del
inqu
ency
Pre
vent
ion
Fund
to: (
1) re
pair
graf
fiti d
amag
e; (2
) pro
vide
edu
catio
nal a
nd in
terv
entio
n pr
ogra
ms
and
mat
eria
ls d
esig
ned
to p
reve
nt p
erso
ns
from
com
mitt
ing
graf
fiti o
ffens
es; (
3) p
rovi
de r
ewar
ds fo
r ai
ding
in th
e ap
preh
ensi
on a
nd p
rose
cutio
n of
gra
ffiti
offe
nder
s; (
4) fu
nd te
en r
ecog
nitio
n an
d re
crea
tion
prog
ram
s; (
5) fu
nd
teen
cou
rts; (
6) fu
nd lo
cal j
uven
ile p
roba
tion
depa
rtmen
ts; a
nd (7
) pro
vide
edu
catio
nal a
nd in
terv
entio
n pr
ogra
ms
desi
gned
to p
reve
nt ju
veni
les
from
eng
agin
g in
del
inqu
ent c
ondu
ct.
(5
) 10
0% to
the
Cou
nty.
(6)
5% to
the
Cou
nty
as a
ser
vice
fee
for c
olle
ctio
n an
d 95
% to
the
Sta
te.
The
mon
ey is
dire
cted
to th
e S
tate
as
follo
ws:
(1)
67%
to th
e cr
edit
of th
e un
dedi
cate
d po
rtion
of t
he G
ener
al
Rev
enue
Fun
d; a
nd (2
) 33%
to th
e cr
edit
of th
e de
sign
ated
trau
ma
and
emer
genc
y m
edic
al s
ervi
ces
acco
unt u
nder
Sec
tion
780.
003,
Hea
lth &
Saf
ety
Cod
e.
(7
) 10
0% to
the
Cou
nty.
$22
.50
to th
e C
ount
y R
ecor
ds M
anag
emen
t and
Pre
serv
atio
n Fu
nd.
$2.5
0 to
the
reco
rds
man
agem
ent a
nd p
rese
rvat
ion
fund
of t
he c
lerk
of t
he c
ourt.
(8)
100%
to th
e S
tate
for d
epos
it in
the
judi
cial
fund
.
(9)
$0.6
0 go
es to
the
Cou
nty
Gen
eral
Fun
d “to
pro
mot
e th
e ef
ficie
nt o
pera
tion
of th
e . .
. co
unty
cou
rts a
nd th
e in
vest
igat
ion,
pro
secu
tion,
and
enf
orce
men
t of o
ffens
es th
at a
re w
ithin
the
juris
dict
ion
of th
e co
urts
.” $
5.40
goe
s to
the
Sta
te J
udic
ial F
und
for c
ourt-
rela
ted
purp
oses
for
supp
ort o
f the
judi
cial
bra
nch
of th
e S
tate
, for
chi
ld s
uppo
rt an
d co
urt m
anag
emen
t as
prov
ided
by
§ 21
.007
, Gov
ernm
ent C
ode,
and
for b
asic
civ
il le
gal s
ervi
ces
to th
e in
dige
nt a
s pr
ovid
ed b
y §
51.9
43, G
over
nmen
t Cod
e.
(1
0)
100%
of t
he m
oney
is d
epos
ited
in th
e C
ount
y an
d D
istri
ct C
ourt
Tech
nolo
gy F
und
for:
(1) t
he c
ost o
f con
tinui
ng e
duca
tion
and
train
ing
for c
ount
y an
d di
stric
t cou
rt ju
dges
and
cle
rks
rega
rdin
g te
chno
logi
cal e
nhan
cem
ents
for t
hose
cou
rts; a
nd (2
) the
pur
chas
e an
d m
aint
enan
ce o
f tec
hnol
ogic
al e
nhan
cem
ents
for d
istri
ct c
ourts
and
cou
nty-
leve
l cou
rts, i
nclu
ding
: (a)
co
mpu
ter s
yste
ms;
(b) c
ompu
ter n
etw
orks
; (c)
com
pute
r har
dwar
e; (d
) com
pute
r sof
twar
e; (e
) im
agin
g sy
stem
s; (f
) ele
ctro
nic
kios
ks; a
nd (g
) doc
ket m
anag
emen
t sys
tem
s.
(1
1)
100%
sta
ys w
ith th
e C
ount
y an
d is
dep
osite
d in
to th
e C
ourth
ouse
Sec
urity
Fun
d.
(1
2)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(1
3)
90%
to th
e S
tate
“Fai
r Def
ense
Acc
ount
” to
fund
indi
gent
def
ense
; 10%
goe
s to
the
Cou
nty
as a
col
lect
ion
fee.
(14)
90%
to th
e S
tate
; 10%
as
a co
llect
ion
fee
to th
e C
ount
y.
The
Sta
te m
oney
is d
epos
ited
to th
e cr
edit
of th
e “C
ivil
Just
ice
Dat
a R
epos
itory
” fu
nd in
the
Sta
te’s
Gen
eral
Fun
d.
The
mon
ey is
“to
be
used
onl
y by
the
Texa
s C
omm
issi
on o
n La
w E
nfor
cem
ent t
o im
plem
ent d
utie
s un
der
Sec
tion
1701
.162
, Occ
upat
ions
Cod
e.”
The
Com
mis
sion
’s d
utie
s in
volv
e th
e au
dit o
f cer
tain
law
enf
orce
men
t age
ncy
reco
rds.
(15)
90%
to th
e S
tate
; 10%
as
a co
llect
ion
fee
to th
e C
ount
y.
The
Sta
te m
oney
goe
s to
DP
S to
hel
p de
fray
the
cost
of c
olle
ctin
g or
ana
lyzi
ng D
NA
sam
ples
pro
vide
d by
def
enda
nts
who
ar
e re
quire
d to
pay
this
cou
rt co
st.
(1
6)
The
mon
ey is
cha
rged
for t
he s
ervi
ces
of: (
1) th
e la
w e
nfor
cem
ent a
genc
y th
at e
xecu
ted
the
arre
st w
arra
nt, c
apia
s, o
r cap
ias
pro
fine,
if th
e ag
ency
requ
ests
the
cour
t to
impo
se th
e fe
e on
con
vict
ion
not l
ater
than
the
15th d
ay a
fter t
he d
ate
of th
e ex
ecut
ion
of th
e ar
rest
war
rant
, cap
ias,
or c
apia
s pr
o fin
e; o
r (2)
the
law
enf
orce
men
t age
ncy
that
pro
cess
ed th
e ar
rest
w
arra
nt, c
apia
s, o
r cap
ias
pro
fine,
if: (
a) th
e ar
rest
war
rant
, cap
ias,
or c
apia
s pr
o fin
e w
as n
ot e
xecu
ted;
or (
b) th
e ex
ecut
ing
law
enf
orce
men
t age
ncy
did
not t
imel
y re
ques
t the
cou
rt to
impo
se th
e fe
e.
If th
e la
w e
nfor
cem
ent a
genc
y is
a S
tate
ent
ity (
such
as
DP
S o
r P
arks
and
Wild
life)
, the
n 20
% o
f the
mon
ey is
forw
ard
to th
e S
tate
whi
le 8
0% o
f the
mon
ey is
re
tain
ed b
y th
e C
ount
y. T
he S
tate
mon
ey g
oes
to th
e S
tate
’s G
ener
al F
und.
If t
he la
w e
nfor
cem
ent a
genc
y is
a C
ount
y or
City
, the
n 10
0% o
f the
mon
ey g
oes
to th
e C
ount
y or
City
.
(17)
Gen
eral
ly, 1
00%
of t
he m
oney
sta
ys w
ith th
e C
ount
y. T
he e
xcep
tion
is if
the
serv
ice
is p
erfo
rmed
by
a pe
ace
offic
er e
mpl
oyed
by
the
Sta
te (e
.g.,
DP
S, P
arks
& W
ildlif
e, e
tc.).
In
such
an
inst
ance
, the
Cou
nty
keep
s 80
% o
f the
fee.
The
oth
er 2
0% g
oes
to th
e S
tate
Gen
eral
Rev
enue
Fun
d.
(1
8)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(19)
Gen
eral
ly, 1
00%
of t
he m
oney
sta
ys w
ith th
e C
ount
y. T
he e
xcep
tion
is if
the
serv
ice
is p
erfo
rmed
by
a pe
ace
offic
er e
mpl
oyed
by
the
Sta
te (e
.g.,
DP
S, P
arks
& W
ildlif
e, e
tc.).
In
such
an
inst
ance
, the
Cou
nty
keep
s 80
% o
f the
fee.
The
oth
er 2
0% g
oes
to th
e S
tate
Gen
eral
Rev
enue
Fun
d.
(2
0)
Gen
eral
ly, 1
00%
of t
he m
oney
sta
ys w
ith th
e C
ount
y. T
he e
xcep
tion
is if
the
serv
ice
is p
erfo
rmed
by
a pe
ace
offic
er e
mpl
oyed
by
the
Sta
te (e
.g.,
DP
S, P
arks
& W
ildlif
e, e
tc.).
In
such
an
inst
ance
, the
Cou
nty
keep
s 80
% o
f the
fee.
The
oth
er 2
0% g
oes
to th
e S
tate
Gen
eral
Rev
enue
Fun
d.
(2
1)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(2
2)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(2
3)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(2
4)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(2
5)
Gen
eral
ly, 1
00%
of t
he m
oney
sta
ys w
ith th
e C
ount
y. T
he e
xcep
tion
is if
the
serv
ice
is p
erfo
rmed
by
a pe
ace
offic
er e
mpl
oyed
by
the
Sta
te (e
.g.,
DP
S, P
arks
& W
ildlif
e, e
tc.).
In
such
an
inst
ance
, the
Cou
nty
keep
s 80
% o
f the
fee.
The
oth
er 2
0% g
oes
to th
e S
tate
Gen
eral
Rev
enue
Fun
d.
(2
6)
Gen
eral
ly, 1
00%
of t
he m
oney
sta
ys w
ith th
e C
ount
y. T
he e
xcep
tion
is if
the
serv
ice
is p
erfo
rmed
by
a pe
ace
offic
er e
mpl
oyed
by
the
Sta
te (e
.g.,
DP
S, P
arks
& W
ildlif
e, e
tc.).
In
such
an
inst
ance
, the
Cou
nty
keep
s 80
% o
f the
fee.
The
oth
er 2
0% g
oes
to th
e S
tate
Gen
eral
Rev
enue
Fun
d.
(2
7)
Gen
eral
ly, 1
00%
of t
he m
oney
sta
ys w
ith th
e C
ount
y. T
he e
xcep
tion
is if
the
serv
ice
is p
erfo
rmed
by
a pe
ace
offic
er e
mpl
oyed
by
the
Sta
te (e
.g.,
DP
S, P
arks
& W
ildlif
e, e
tc.).
In
such
an
inst
ance
, the
Cou
nty
keep
s 80
% o
f the
fee.
The
oth
er 2
0% g
oes
to th
e S
tate
Gen
eral
Rev
enue
Fun
d.
(2
8)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(2
9)
100%
to th
e C
ount
y.
(3
0)
90%
to th
e S
tate
Jur
y S
ervi
ce F
und
to re
imbu
rse
coun
ties
for j
uror
cos
ts; 1
0% a
s a
colle
ctio
n fe
e to
the
Cou
nty
(3
1)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(3
2)
50%
of
the
mon
ey (
$6.0
0) g
oes
to t
he S
tate
’s C
ompe
nsat
ion
to V
ictim
s of
Crim
e Fu
nd.
The
oth
er 5
0% o
f th
e m
oney
($6
.00)
is t
o be
ret
aine
d by
the
cou
rt “fo
r co
sts
incu
rred
in
colle
ctin
g th
e sp
ecifi
ed in
stal
lmen
ts.”
(33)
100%
to th
e S
tate
for d
epos
it “to
the
cred
it of
the
stat
ewid
e el
ectro
nic
filin
g sy
stem
fund
est
ablis
hed
unde
r [G
ov’t
Cod
e] S
ectio
n 51
.852
.”
(34)
100%
of t
he m
oney
sta
ys w
ith th
e C
ount
y.
(3
5)
100%
of t
he m
oney
sta
y w
ith th
e C
ount
y.
(3
6)
50%
of t
he m
oney
($12
.50)
is s
ent t
o th
e S
tate
and
the
othe
r 50%
($12
.50)
is re
tain
ed b
y th
e C
ount
y. T
he m
oney
dire
cted
to th
e S
tate
is to
be
depo
site
d in
the
Sta
te’s
Gen
eral
Fun
d.
As
for
the
50%
of
the
mon
ey r
etai
ned
by t
he C
ount
y, 8
0% (
$10.
00)
goes
to
the
Cou
nty
for
unsp
ecifi
ed p
urpo
ses.
Th
e re
mai
ning
20%
($2
.50)
is t
o be
use
d “fo
r th
e pu
rpos
e of
im
prov
ing
the
effic
ienc
y of
the
adm
inis
tratio
n of
just
ice
in t
he c
ount
y.”
The
Cou
nty
is r
equi
red
to “
prio
ritiz
e th
e ne
eds
of t
he ju
dici
al o
ffice
r w
ho c
olle
cted
the
fee
s w
hen
mak
ing
expe
nditu
res
. . .
and
use
the
mon
ey d
epos
ited
to p
rovi
de fo
r tho
se n
eeds
.”
(37)
$20
is d
irect
ed to
the
Sta
te w
hile
$10
is r
etai
ned
by th
e C
ount
y.
Of t
he $
20 d
irect
ed to
the
Sta
te, $
10 is
cre
dite
d to
the
DP
S to
impl
emen
t Cha
pter
706
of t
he T
rans
porta
tion
Cod
e.
Cha
pter
706
out
lines
the
proc
edur
e fo
r DP
S to
den
y th
e re
new
al o
f the
driv
er’s
lice
nse
of a
per
son
who
has
faile
d to
pay
his
or h
er c
ourt-
orde
red
fine
and
cost
s. T
he re
mai
ning
$10
go
es to
the
Sta
te’s
Gen
eral
Fun
d. T
here
is n
o st
ated
pur
pose
for t
his
$10
amou
nt.
Of t
he $
10 re
tain
ed b
y th
e C
ount
y, it
sho
uld
be d
epos
ited
in th
e ge
nera
l fun
d. T
here
is n
o st
ated
pu
rpos
e fo
r its
use
. See
Tra
nsp.
Cod
e §7
06.0
07.
(38)
100%
of t
he m
oney
to th
e S
tate
for d
epos
it in
the
Sta
te G
ener
al R
even
ue F
und.
C
ON
ST
ITU
TIO
NA
L C
HA
LL
EN
GE
S T
O C
OU
RT
CO
ST
AN
D F
EE
DE
ST
INA
TIO
NS
(
Th
is i
s n
ot
an
exh
au
sti
ve l
ist.
Th
ere
co
uld
be
oth
er
case
s.)
�
Ne
w T
es
t U
se
d t
o E
sta
bli
sh
th
e C
on
sti
tuti
on
ali
ty o
f a
Cri
min
al
Co
urt
Co
st
or
Fe
e
In P
eraz
a v.
Sta
te, 4
67 S
.W.3
d 50
8 (T
ex. C
rim. A
pp. 2
015)
, the
CC
A e
stab
lishe
d a
new
test
for d
eter
min
ing
the
cons
titut
iona
lity
of a
crim
inal
cou
rt co
st. I
n P
eraz
a, C
CA
sai
d a
cost
is c
onst
itutio
nal i
f the
sta
tute
cre
atin
g th
e co
st d
irect
s th
e co
st to
be
expe
nded
for c
rimin
al ju
stic
e pu
rpos
es. I
d at
517
. CC
A d
efin
ed a
“crim
inal
just
ice
purp
ose”
to b
e “o
ne th
at r
elat
es to
the
adm
inis
tratio
n of
our
crim
inal
just
ice
syst
em.”
Id. T
he C
ourt
late
r us
ed th
is te
st to
find
allo
catio
ns o
f fun
ds fr
om th
e co
nsol
idat
ed c
ourt
cost
to th
e ab
used
chi
ldre
n’s
coun
selin
g an
d co
mpr
ehen
sive
reh
abili
tatio
n ac
coun
ts fa
cial
ly u
ncon
stitu
tiona
l as
a vi
olat
ion
of th
e S
epar
atio
n of
Pow
ers
Cla
use.
See
Sal
inas
v. S
tate
, 52
3 S
.W.3
d 10
3, 1
06 (
Tex.
Crim
. App
. 201
7). F
ollo
win
g th
e C
ourt’
s de
cisi
on in
Sal
inas
, the
Leg
isla
ture
sub
sequ
ently
am
ende
d th
e re
leva
nt s
tatu
te (
LGC
§ 1
33.1
02)
to fi
x th
e co
nstit
utio
nal i
nfirm
ity. C
onse
quen
tly, c
ourts
can
stil
l cha
rge
the
cons
olid
ated
cou
rt co
st.
�
Oth
er
Co
ns
titu
tio
na
l C
ha
lle
ng
es
to
Cri
min
al
Co
urt
Co
sts
an
d F
ee
s –
If
yo
ur
co
urt
is
in
th
e j
uri
sd
icti
on
of
a c
ou
rt o
f a
pp
ea
ls t
ha
t h
as
iss
ue
d a
n o
pin
ion
on
th
e i
ss
ue
, th
is o
pin
ion
ma
y b
e b
ind
ing
on
yo
ur
co
urt
. Y
ou
sh
ou
ld d
isc
us
s t
he
ma
tte
r w
ith
th
e a
tto
rne
y f
or
yo
ur
co
un
ty.
Als
o,
yo
u s
ho
uld
ch
eck w
ith
yo
ur
att
orn
ey t
o s
ee w
heth
er
an
op
inio
n is f
inal.
P
eace O
ffic
er
Fee –
Su
mm
on
ing
a W
itn
ess (c
harg
e pe
r witn
ess
each
tim
e su
mm
oned
) – C
CP
, art.
102
.011
(a)(
3)
The
Firs
t Cou
rt of
App
eals
dec
lare
d th
is fe
e fa
cial
ly u
ncon
stitu
tiona
l. A
llen
v. S
tate
, No.
01-
16-0
0768
-CR
, 201
7 Te
x. A
pp. L
EX
IS 1
1015
(Tex
. App
.—H
oust
on [1
st D
ist.]
Nov
. 28
, 201
7, n
o pe
t. h.
) (m
otio
n fo
r en
banc
reco
nsid
erat
ion
pend
ing)
Peace O
ffic
er
Fee -
Milea
ge F
ee
s f
or
cert
ain
Co
nve
yan
ces a
nd
Tra
vel (2
9¢/
mile
) – C
CP
, art.
102
.011
(b)
The
Firs
t Cou
rt of
App
eals
dec
lare
d th
is fe
e fa
cial
ly u
ncon
stitu
tiona
l. A
llen
v. S
tate
, No.
01-
16-0
0768
-CR
, 201
7 Te
x. A
pp. L
EX
IS 1
1015
(Tex
. App
.—H
oust
on [1
st D
ist.]
Nov
. 28
, 201
7, n
o pe
t. h.
) (m
otio
n fo
r en
banc
reco
nsid
erat
ion
pend
ing)
P
rosecu
tor’
s F
ee -
CC
P, art
. 102
.008(a
) Th
e Fi
rst C
ourt
of A
ppea
ls d
ecla
red
this
fee
faci
ally
unc
onst
itutio
nal.
Her
nand
ez v
. Sta
te, N
o. 0
1-16
-007
55-C
R, 2
017
Tex.
App
. LE
XIS
761
2 (T
ex. A
pp.—
Hou
ston
[1st D
ist.]
A
ugus
t 10,
201
7, n
o pe
t. h.
) (m
otio
n fo
r reh
earin
g pe
ndin
g)
Ju
ry F
ee -
CC
P,
art
. 102.0
04
(a)
The
Firs
t Cou
rt of
App
eals
dec
lare
d th
is fe
e fa
cial
ly u
ncon
stitu
tiona
l. Jo
hnso
n v.
Sta
te, N
o. 1
4-16
-006
58-C
R, 2
018
Tex.
App
. LE
XIS
213
6 (T
ex. A
pp. T
ex. A
pp.—
Hou
ston
[1
4th D
ist.]
Mar
ch 2
7, 2
018,
no
pet.
h.)
Em
erg
en
cy M
ed
ical S
erv
ices (
EM
S),
Tra
um
a F
acilit
ies a
nd
Tra
um
a C
are
Sys
tem
s C
ost
- CC
P,
art
. 102.0
18
5
The
Sec
ond
and
Six
th C
ourts
of A
ppea
ls d
ecla
red
this
fee
faci
ally
unc
onst
itutio
nal.
Cas
as v
. Sta
te, 5
24 S
.W.3
d 92
1 (T
ex. A
pp.—
Fort
Wor
th 2
017)
; Rob
ison
v. S
tate
, No.
06-
17-0
0082
-CR
, 201
7 Te
x. A
pp. L
EX
IS 9
713
(Tex
. App
.—Te
xark
ana
Oct
ober
10,
201
7)
W
AIV
ER
OF
PA
YM
EN
T O
PT
ION
(Art.
43.
091,
CC
P)
�
Co
urt
s m
ay w
aiv
e a
ll o
r p
art
of
a f
ine o
r c
os
ts a
nd
mu
st
no
lo
ng
er
wait
fo
r a
de
fen
da
nt
to d
efa
ult
. A
cour
t may
wai
ve p
aym
ent o
f all
or p
art o
f a fi
ne o
r co
sts
impo
sed
on a
def
enda
nt if
the
cour
t det
erm
ines
that
: (1)
the
defe
ndan
t is
indi
gent
or
does
not
hav
e su
ffici
ent
reso
urce
s or
inco
me
to p
ay a
ll or
par
t of t
he fi
ne o
r cos
ts o
r was
, at t
he ti
me
the
offe
nse
was
com
mitt
ed, a
chi
ld; a
nd (2
) eac
h al
tern
ativ
e m
etho
d of
dis
char
ging
the
fine
or c
ost w
ould
impo
se a
n un
due
hard
ship
on
the
defe
ndan
t.
The Bill of Costs – Who, What, When, Where, Why?
Ted Wood Assistant General Counsel
Office of Court Administration May 12, 2014
In October 2012, I wrote a short article about the bill of costs for this publication. I advanced ten specific suggestions for clerks while noting that several significant questions had yet to be answered. Since then, the Court of Criminal Appeals has published a number of opinions touching on the bill of costs and related court cost issues. These opinions have shed light on several matters that were previously unclear. As a result of these clarifying opinions, the October 2012 document is out of date and a new overview of the bill of costs is needed. Accordingly, I have prepared this up-to-date look at the bill of costs that attempts to answer five basic questions:
(1) Who is supposed to prepare the bill of costs? (2) What information should the bill of costs contain? (3) When should the bill of costs be produced? (4) Where should the bill of costs be directed? (5) Why is a bill of costs necessary in the first place?
Let’s look at each question in turn.
Who is supposed to prepare the bill of costs?
This is the easiest of our five questions. In Johnson v. State, 423 S.W.3d 385, *14 (Tex. Crim. App. 2014), the Court of Criminal Appeals declared that bills of costs “are produced by the clerk rather than the trial judge.” The duty to produce the bill of costs rests squarely on the clerk of the court.
What information should the bill of costs contain?
The bill of costs must be in writing and is to contain “the items of cost.” Tex. Crim. Proc. Code Ann., art. 103.001. This does not mean the bill of costs should contain all of the financial obligations imposed on a convicted criminal defendant. Rather, bills of costs should contain only court costs. Court costs are those financial obligations intended to recoup “the costs of judicial resources expended in connection with the trial of the case.” See Weir v. State, 278 S.W.3d 364, 366-67 (Tex. Crim. App. 2009). Neither fines nor restitution should appear on the bill of costs. Fines and restitution constitute punishment and are part of the defendant’s sentence, Id. at 366. They are not imposed
in order to recoup the costs of judicial resources expended. Thus, they simply are not court costs. Only court costs – not punishments – should be listed on the bill of costs. The Court of Criminal Appeals has identified two types of court costs: (1) mandatory costs; and (2) discretionary costs. Johnson v. State at *6. Both types of costs should be shown on the bill of costs. A mandatory cost is a “predetermined, legislatively mandated obligation that is imposed upon conviction” provided that “certain conditions precedent are met.” Id. A list of these mandatory “items of cost” should appear on every bill of costs. Ideally, the statute authorizing each cost on the itemized list should also be identified. For example, in a felony conviction, the consolidated court cost should be listed as follows: “Consolidated Court Cost [Loc. Gov’t Code, Sec. 133.102] . . . $133.00” Attorney’s fees are a discretionary cost. As the Court of Criminal Appeals explained: a trial court may order a defendant to pay for the costs of ‘legal services provided’ – but only if it first determines that the ‘defendant has financial resources that enable him to offset in part or in whole the costs.’ Wiley v. State, 410 S.W.3d 313, 317 (Tex. Crim. App. 2013). Because an order to pay attorney’s fees serves to recoup the costs of judicial resources, an attorney’s fees assessment is a court cost. As with mandatory court costs, the discretionary attorney’s fee cost should be listed on the bill of costs. In relatively rare circumstances, a court may order a defendant to repay a reward paid by a crime stoppers organization. The amount of any such required repayment is a court cost that should also be shown on the bill of costs. In addition to containing the above-described items of costs, the bill of costs must be signed by the clerk and must be certified. Johnson v. State at *17. One note about mandatory costs is in order. As mentioned by the Court of Criminal Appeals in Johnson, some mandatory costs are to be imposed only if certain conditions precedent are met. For example, peace officer fees are to be imposed only if certain services have been performed by peace officers in the case. As noted by the Johnson Court, “[a]n officer may not impose a cost for a service not performed.” Id. at *7, n.3. The best practice to document the services of peace officers in a particular case is through the use of a sheriff’s fee record. See Tex. Crim. Proc. Code Ann. art. 103.009. Ideally, a sheriff’s fee record will be attached to the bill of costs to support the assessment of sheriff’s fees. However, no appellate court opinion has yet addressed whether sheriff’s fee records are required to support the imposition of peace office fees.
When should the bill of costs be produced?
Judge Elsa Alcala recently opined as to the very best time to produce a bill of costs: It also appears, at least to me, that a trial court can easily prevent almost all due- process litigation concerning a bill of costs by simply providing the bill to a defendant at the time he is sentenced (notice), and giving him time to review it and voice any concerns (an opportunity to be heard). Perez v. State, No. PD-0498-13, 2014 Tex. Crim. App. LEXIS 269, at *24 (Tex. Crim. App. March 12, 2014) (Alcala, J., concurring). Production of the bill of costs at sentencing is ideal because due process is wholly satisfied at that time. See Harrell v. State, 286 S.W.3d 315, 320 (Tex. 2008) (defendant who “was notified of the costs assessed when the convicting court sentenced him” and could have contested the costs at that time “received all that due process demands”). However, the bill of costs is not required to be produced at this point in the process. The Court of Criminal Appeals has explicitly declared that “bills of costs . . . are authorized to be produced after trial.” Johnson v. State at *14. This is because defendants have other opportunities at later points in time to challenge the assessment of court costs. In Cardenas v. State, 423 S.W.3d 396, *5 (Tex. Crim. App. 2014), the Court of Criminal Appeals declared: Convicted defendants have constructive notice of mandatory court costs set by statute and the opportunity to object to the assessment of court costs against them for the first time on appeal or in a proceeding under Article 103.008 of the Texas Code of Criminal Procedure. Appellant’s right to due process of law has been satisfied with respect to notice and an opportunity to be heard regarding the imposition of court costs. Thus, the bill of costs need not be in front of the judge at sentencing. And the judge is under no compulsion to orally pronounce the amount of court costs to be assessed against the defendant. A question not yet addressed is whether the bill of costs must be available to the judge when he or she signs the judgment. The answer is no in regard to the assessment (i.e., imposition) of court costs. “[M]atters pertaining to the imposition of court costs need not be brought to the attention of the trial court, including a bill of costs prepared after a criminal trial.” Johnson v. State at *21. Regarding the portion of the judgment ordering that the costs be paid and collected, the best practice is that a bill of costs be available to the judge. A brief explanation of this point is in order. A judgment must “adjudge the costs against a defendant.” Tex. Crim. Proc. Code Ann., art. 45.16 (West xxxx). This mandate is satisfied by language in the judgment simply stating that court costs are adjudged against the defendant. There is no requirement that a specific amount of
court costs be listed on the judgment. See Armstrong v. State, 340 S.W.3d 759, 766 (Tex. Crim. App. 2011). But the judge may choose to list a specific amount of court costs on the judgment. Either way, a bill of costs is not necessary before a judge may “adjudge” (i.e., assess) court costs. A judgment must also order a defendant to pay court costs, Johnson v. State at *5 and must order that court costs be collected. Tex. Code Crim. Proc. Ann., art. 42.16. Though the best practice may be for a bill of costs to be available to the judge when ordering the payment and collection of assessed court costs, Article 103.001 provides that a cost is not payable until a bill of costs is produced or is “ready to be produced” – a term that has never been defined. See Perez v. State at *19-20 (Alcala, J., concurring). The Court of Criminal Appeals explained this principle in the Johnson opinion at *23-24: Article 103.001 of the Texas Code of Criminal Procedure states that “[a] cost is not payable by the person charged with the cost until a written bill is produced or is ready to be produced . . . . Article 103.001 was intended to prevent a defendant from paying unsubstantiated court costs. Article 103.003 authorizes designated government agents to collect only money that is payable. . . . Thus, Article 103.001 appears to act as a prohibition on the ability of designated state agents from collecting nonpayable, but assessed court costs. As the foregoing paragraph shows, there is a condition precedent to a cost being payable. That condition precedent is that a bill of costs is produced or ready to be produced. In summary, a bill of costs need not be available to the trial judge before adjudging (i.e., assessing) court costs against a defendant. Though a bill of costs need not be available to a trial judge before ordering a defendant to pay (and a clerk to collect) court costs, the best practice is that a bill of costs be made available to the trial judge before he or she signs the judgment.
Where should the bill of costs be directed?
Ultimately, the defendant should be provided with a copy of the bill of costs (or a chance to obtain a copy). This way the defendant is notified of the costs assessed against him so that he or she may make any desired challenge concerning the costs. Ideally, the defendant will receive a copy of the bill of costs at sentencing as recognized by Judge Alcala. See above. But as the Court of Appeals has recognized, a great many defendants will not receive any bill of costs at sentencing: [W]hile some defendants in some cases may have an opportunity to recognize a basis to object to the imposition of court costs in open court if an itemized bill is available to them, most defendants, like Appellant, will not, because their court costs were not imposed in open court, the judgment did not contain a written amount of court
costs, or it contained only an aggregate figure – the accuracy of which may not be verifiable at the time of imposition. Johnson v. State at *11. One notification alternative is to provide the defendant with a copy of the bill of costs when he or she appeals. See Johnson v. State at *27, n. 2 (Cochran, J., concurring) (“a bill of costs filed with the appellate record ‘is the most expedient, and therefore, preferable method’ of informing the defendant of the court costs assessed and of correcting them if necessary.”). Of course, only a small percentage of convicted defendants bring appeals. Because it can be a logistically difficult undertaking to provide bills of costs to non-appealing defendants – especially if the defendant is serving time in prison – the best practice would be to provide bills of costs to defendants at sentencing.
Why is a bill of costs necessary in the first place?
This question can be answered in two words – due process. The Fifth Amendment to the U.S. Constitution declares that no person shall “be deprived of . . . life, liberty or property, without due process of law.” The 14th Amendment announces that no “State shall deprive any person of life, liberty, or property, without due process of law.” Additionally, our Texas Constitution, Article I, Section 19 states that “[n]o citizen of this State shall ever be deprived of life, liberty, [or] property . . . except by due course of the law of the land.” A court order commanding a criminal defendant to pay court costs is a classic example of the government depriving a person of property. Such a deprivation is permissible, but only if the defendant has been provided due process. The two basic elements of due process are notice and an opportunity to be heard. The Texas Legislature was mindful of due process when passing Article 103.001 of the Code of Criminal Procedure. As mentioned earlier, this statute prohibits the payment and collection of court costs in the absence of a bill of costs or one being ready to be produced to the defendant.
Conclusion
Clerks are responsible for preparing bills of costs in each criminal case resulting in a conviction. In order to be effective, the bill of costs must list the assessed costs with particularity. In order to afford a defendant an opportunity to contest any assessed costs, the best practice is to provide a bill of costs to the defendant along with the judgment. Good luck in your efforts to produce these important documents.
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