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


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


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



(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



(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))



(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.



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



(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



(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



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



(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



(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


7


(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


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.


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).


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.


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


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.


Destination: (a) State Judicial Fund;

(b) County may retain any interest earned on fee

(17) BASIC CIVIL LEGAL SERVICES FOR INDIGENTS FEE


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.


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


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


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.


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



(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).


Destination: Statewide Electronic Filing System Fund

(22) COPY-OF-WRIT-OF-INCOME-WITHHOLDING-TO-SUBSEQUENT-

EMPLOYER FEE


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



12

(23) COPY-OF-JUDICIAL-WRIT-OF-INCOME-WITHHOLDING-TO-

SUBSEQUENT-EMPLOYER FEE


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



(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


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



heirship, mental health cases, and chemical dependency cases


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


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


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


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)


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


17

IV. Statewide Optional Filing Fees (Varying Amounts)

(30) COURTHOUSE SECURITY FEE


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


(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


(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


Amount: $0.01 to $15.00

Statewide: Yes

Applicability: Administrative writs of income withholding filed in SAPCR’s


(a) Clerk “may” charge the fee

(b) Clerk sets fee amount


(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


20

(36) COUNTY CLERK INSURANCE CONTINGENCY FUND FEE


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.)


(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


(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


Remedies Code § 12.005) and suits with no filing fees (see District Court

Civil Suits and Actions – Part III)


(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


(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


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



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


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


(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


(b) All plaintiffs except any governmental entity


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


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.


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


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


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


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)


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


Amount: $0.01 to $20.00

Statewide: No – Only in Cameron County and Hidalgo County



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


Amount: $0.01 to $20.00

Statewide: No – Only in Webb County


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


Amount: $0.01 to $15.00

Statewide: No – Only in Bexar County


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.


(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


Amount: $0.01 to $15.00

Statewide: No – Only in Dallas County


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.



(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


Amount: $0.01 to $15.00

Statewide: No – Only in Hays County



assessed in a county court at law. The fee is not to be assessed in a

constitutional county court.




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



assessed in a county court at law, but not in a constitutional county court.




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


Amount: $0.01 to $15.00

29

Statewide: No – Only in Travis County


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.



(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


Amount: $0.01 to $20.00

Statewide: No – Only Willacy County and Starr Counties



Civil Suits and Actions – Part III)



(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


Amount: $40.00

Statewide: Yes

Applicability: When a party in a civil case applies for a jury trial

Local Option: Fee is mandatory


(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.

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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

.”

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=ED&Value=25.085

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=HR&Value=31



http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=HS&Value=62

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.

http://texreg.sos.state.tx.us/fids/201403910-1.html

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.