County Clerk Fees & Court Costs Judicial Reporting CDCAT 2019 - - PDF document

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County Clerk Fees & Court Costs Judicial Reporting

Fees & Court Costs

• Get familiar with the following statutes: Local Government Code, Property Code,

• Fees charged in our offices may be found across several statutes. Some are

• Reference the statute that authorizes the collection of the fee‐it will cut down on

• When working on your fee sheets, ask “why” “what” “where” “when”. Why do

Fees & Court Costs

• Be aware of any new fees passed by Legislation! When does the fee
• r 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: Co Coun unty Clerk Clerk Re Records Ma Manageme ment, Pr Preser ervati tion

• n and

and Ar Arch chiv ive

• 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: Co Coun unty Clerk Clerk Re Records Ma Manageme ment, Pr Preser ervati tion

• n and

and Ar Arch chiv ive

• 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

Fees & Court Costs: Co Coun unty Clerk Clerk Co Court urt Te Technology Fe 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

• 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

• The purchase and maintenance of technological enhancements for a county court, statutory county court or

• Computer systems, computer networks, computer hardware, computer software, imaging systems,

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Fees & Court Costs: Jud Judici cial & Cour Court Pe Personnel Sec Securi rity ty Training ning Fe 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,

• (b) A court may waive payment of a fee due under this section for an individual the court

• (c) Fees due under this section shall be collected in the same manner as other fees, fines, or costs in

• (d) The clerk of a district court, county court, statutory county court, statutory probate court, or

• (e) The comptroller shall deposit the fees received under this section to the credit of the judicial

• (f) The comptroller may audit the records of a county related to costs and fees collected under this

Fees & Court Costs: Appo ppointment & Fees ees Re 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: Mo Monthl nthly Jud Judicial Re Reporting to to the the St 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.gov

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Fees & Court Costs: Mo Monthl nthly Jud Judicial Re Reporting to to the the Commi mmissi ssioner

• ner Cou

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

• (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

• (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

• 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: Mo Monthl nthly Jud Judicial Colle Collectio ions Re 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

• rder 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) $ waived 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 is waived. TOTAL $ 22.00 CERTIFIED COPY of MARRIAGE LICENSE: Hunt County Records Only Search Fee CC TAC § 181.22(h) $ 10.00 Texas Online Fee CC TAC § 181.22(s) $ 10.00 Vital Statistics Preservation Fee BDMCC HSC § 191.0045 $ 1.00 TOTAL $ 21.00

Affidavit for Correction to a Marriage License

FC 2.209(c) Must be signed by both parties and notarized

No Fee The Correction Affidavit may be found on the County Clerk’s tab of the County Website at www.huntcounty.net Copy/Certificate of Fact: this does not include copies of vital records Plain Certified Authenticated copies (Clerk certifies twice) Certificate of Fact: Criminal/Civil/Probate

UCOPY CCOPY CCOPY CCOPY LGC § 118.011(a)(3) LGC § 118.011(a)(4) LGC§ 118.011(a)(3), 118.011(a)(4) LGC § 118.011(a)(4) $1.00 per page $5.00 + $1.00 per page $10.00 + $1.00 per page $5.00

Exceptions to e-filing: Wills are not required to be filed electronically. If a will is filed electronically, the original must be presented to the Clerk’s Office within 3 business days after the application is filed. The following documents must not be filed electronically: Documents filed under seal or presented to the court in camera; and documents to which access is otherwise restricted by law or court order

Private Professional Guardian-Application Application Fee PROB Estates Code §1104.303(b)(2) $ 40.00

Texas Government Code 155.151/ Estates Code 1104.003 – Guardianship Registry & Training: Requires all guardians in Texas to be registered with the Judicial Branch Certification Commission (JBCC) and complete training prior to the appointment of a guardianship.

Applications to Probate Will; to Probate a will as Muniment of Title; for Appointment of Administrator; for Appointment of Temporary Administrator of Estate; to Determine Heirship; for Appointment of Guardian; for Administration with will attached.

Clerk’s Fee PROB LGC § 118.052(2)(A)(i) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee PROB GC § 51.601(a) $ 15.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee Judge LGC § 118.101 $ 2.00 Issuing Document PROB LGC §118.052(3)(A) $ 4.00 Service Fee CONST LGC § 181.131 $ 75.00 Fee includes one posted or published citation TOTAL $ 348.00

Charge for each additional issuance of Citation PROB LGC §118.052(3)(A) $ 4.00 Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00 Letters of Testamentary, Guardianship, Administration or Abstract of Judgment (each) This does not include the cost of Order, if necessary to attach

LGC § 118.052(3)(D) $ 2.00

Wills for Safekeeping

Filing Fee CC LGC § 118.052(3)(E) $ 5.00 Record Management RMF LGC § 118.052(3)(G) $ 5.00 Courthouse Security CHS LGC § 291.008(d) $ 1.00 TOTAL $ 11.00

Open Safety Deposit Box

Clerk’s Fee CC LGC § 118.052(1)(A)(ii) $ 40.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Record Management RMF LGC § 118.052(3)(G) $ 5.00 State Electronic Fee Fund SEFCV GC § 51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee Judge LGC § 118.101 $ 2.00 TOTAL $ 117.00

Adverse Action (Cross Action, Intrusion, Pleas of Privilege)

Clerk’s Fee

PROB LGC § 118.052(2)(A)(i) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training

JCST

GC §51.971 Added by SB 42 (2017) $ 5.00 Fee does not include citation or service. TOTAL $ 110.00 Charge for each issuance of Citation) PROB LGC §118.052(3)(A $ 4.00 Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00 If Judge’s signature required JUDGE LGC § 118.101(11) $ 2.00 Motion for New Trial

Clerk’s Fee CIVIL LGC § 118.052(1)(B) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Fee does not include citation or service. TOTAL $ 90.00

Charge for each issuance of Citation CIVIL LGC §118.052(3)(A) $ 5.00 Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00

If Judge’s signature required JUDGE LGC § 118.101(11) $ 2.00

Inventory and Appraisement-On Time

Filed before the 90th day after the date of qualification or prior to expiration of court ordered extension No Fee

Inventory, Appraisement and list of Claims (after 90th day after Qualification Date)

Filing Fee PROB LGC § 118.052(2)(B)(i) $ 25.00

Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 27.00 Annual/Final Account of Probate/Guardianship of an Estate (must be notarized) (after Order Approving Inventory and Appraisement or after 120th day after initial filing of the action, whichever occurs first)

Filing Fee PROB LGC § 118.052(2)(B)(iv) $ 25.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 27.00

Annual/Final Report of Guardianship of a Person (must be notarized) (after Order Approving Inventory and Appraisement or after 120th day after initial filing of the action, whichever occurs first)

Filing Fee PROB LGC § 118.052(2)(B)(vi) $ 10.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 12.00

Lengthy Document Fee-more than 25 pgs. (after Order Approving Inventory and Appraisement or after 120th day after initial filing of the case)

Filing Fee PROB LGC § 118.052(2)(B)(vii) $ 25.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 TOTAL $ 27.00

Claim (paid by the Claimant at time of filing)

Filing Fee PROB LGC § 118.052(2)(D) $ 10.00

Foreign Wills/ Temporary Guardianship/ Heirship Determination in no Existing Probate/Application for sale of property of minor without Guardianship

Clerk’s Fee PROB LGC § 118.052(2)(A)(i) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Court Reporter Fee PROB GC § 51.601(a) $ 15.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Fee does not include citation or service. TOTAL $ 267.00

Charge for each issuance of Citation

PROB LGC §118.052(3)(A) $ 4.00

Personal service on each citation in Hunt County CONST

LGC §118.131 $ 75.00

If Judge’s signature required

JUDGE LGC § 118.101(11) $ 2.00

Application for sale of Real or Personal Property

Clerk’s Fee PROB LGC § 118.052(2)(B)(v) $ 25.00 Issuing Document PROB LGC §118.052(3)(A) $ 5.00 Judge’s Fee JUDGE LGC § 118.101(11) $ 2.00 Service Fee CONST LGC § 181.131 $ 75.00 Fee includes one citation with service or posting. TOTAL $ 107.00

Small Estate Affidavit

Clerk’s Fee PROB LGC § 118.052(2)(A)(iii) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee PROB GC § 51.601(a) $ 15.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee JUDGE LGC § 118.101 $ 2.00 Fee does not include citation or service. TOTAL $ 269.00

Charge for each issuance of Citation

PROB LGC §118.052(3)(A) $ 4.00

Personal service on each citation in Hunt County CONST

LGC §118.131 $ 75.00

Mental Illness Filings

Clerk’s Fee MENJV LGC § 118.052(2)(A)(v) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee MENJV GC § 51.601(a) $ 15.00 Judicial Education Fund JEF LGC § 118.052(2)(A)(vi) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00 Supplemental Court Initiated Guardianship PGF LGC § 118.052(2)(E) $ 20.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 County Attorney Fee CA HSC §574.031 $ 50.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Sheriff’s Fee PROB LGC § 118.131 $ 75.00 Judge’s Fee JUDGE LGC § 118.101 $ 2.00 Court Appointed Attorney Fees ATTRY HSC §574.031 $ 200.00 TOTAL $ 594.00

Civil Court/ Occupational License/Hardship License/ Foreign Judgments/Bond Forfeitures

Clerk’s Fee CIVIL LGC § 118.052(1)(A)(ii) $ 40.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Court Record Preservation Fee CTRPF GC § 51.708 $ 10.00 Courthouse Security Fee CHS LGC § 291.008(d) $ 5.00 Law Library LAWLB LGC § 323.023(a) $ 35.00 Judicial Fee PCJF GC § 51.702 $ 40.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 Court Reporter Fee CIVIL GC § 51.601(a) $ 15.00 Appellate Judicial System Fee APPJS GC § 101.0811(E); (E-1) $ 5.00 Judicial Support Fee JSFPC LGC § 133.154(a) $ 42.00

State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Judge’s Fee JUDGE LGC § 118.101 $ 2.00 Fee does not include citation or service. TOTAL $ 244.00

Charge for each issuance of Citation

CIVIL LGC §118.052(3)(A) $ 4.00

Personal service on each citation in Hunt County CONST

LGC §118.131 $ 75.00

Cross Actions, Interventions, Pleas of Privilege or Motion for New Trial

Clerk’s Fee CIVIL LGC § 118.052(1)(B) $ 30.00 Records Management RMF LGC § 118.052(3)(G) $ 5.00 Basic Civil Legal Services for Indigents SIF LGC § 133.153(a)(1) $ 10.00 State Electronic Fee Fund SEFCV GC §51.851(b) $ 30.00 Judicial & Court Security Training JCST GC §51.971 Added by SB 42 (2017) $ 5.00 Fee does not include citation or service. TOTAL $ 80.00

Charge for each issuance of Citation CIVIL LGC §118.052(3)(A) $ 4.00 Personal service on each citation in Hunt County CONST LGC §118.131 $ 75.00

If Judge’s signature required JUDGE LGC § 118.101(11) $ 2.00 Nondisclosure Petition as a Civil Filing Filed only as a new civil filing $ 244.00 Nondisclosure Fee NDF GC § 411.081(d) $ 28.00 TOTAL $ 272.00 Nondisclosure w/o Petition within a Criminal Case Nondisclosure Fee NDF GC § 411.081(d) $ 28.00 Application for Turnover Order & Injunctive Relief LGC §118.052(1)(B) $ 30.00

If Judge’s signature required

JUDGE LGC § 118.101 $ 2.00 Writ of Garnishment….This fee is the same as a New Civil filing fee of $244.00 plus a $15.00 for preparing the Writ LGC § 118.052(1)(A)(i) $ 259.00 No Writ of Garnishment shall be issued before final Judgment until the party applying has filed with the Clerk an order signed by the Court after a

• hearing. The Court shall further find in its order the amount of bond required payable to the Defendant in the amount fixed by the Court Order.

Jury Fee JURY 216 TEXAS RULES OF COURT & 51.604 GC $ 40.00 SERVICE BY CERTIFIED MAIL Mail Service of Process same as Sheriff LGC §118.052(3)(F) $ 75.00 ABSTRACT OF JUDGMENT IN ORGINAL ACTION CC LGC §118.052(1)(C)(i) $ 5.00 SERVICE DOCUMENTS: Citation; Notice; Commission to take Deposition; Show Cause; Subpoena; Precept to Serve; Temporary Restraining Order; Process; or

• ther 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

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Proposed

NOTICE OF FEES FOR 2019

SEP 25 2018

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Hunt County Sheriff and Constable Fees

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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

• nly 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
• nly 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

• f 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

• riginal 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,

• rdered 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

• n 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 Wednes-

• day. 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 pro- posed 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

• n

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 E xecutive Assistant 1. Adoption of

the FY 2018-2019 Hunt County Budget.

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• 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.

• 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

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Deputy Date

1

County-Level Court Civil Filing Fees

Prepared by the Office of Court Administration (OCA) Effective January 1, 2018

• I. Statewide Required Filing Fees (Set Amounts)
• 1. Clerk’s Fee (Original Civil Suit) .......................................................................................3
• 2. Clerk’s Fee (Original Probate Suit) ..................................................................................3
• 3. Clerk’s Fee (Original Garnishment Suit after Judgment) .................................................3
• 4. Clerk’s Fee (Action within Existing Civil Suits)

..............................................................4

• 5. Inventory and Appraisement Late Fee

..............................................................................4

• 6. Annual or Final Account Fee

............................................................................................5

• 7. Application-for-Sale-of-Property Fee

...............................................................................5

• 8. Annual or Final Report-of-Guardian-of-Person Fee

.........................................................5

• 9. Lengthy Document Fee

.....................................................................................................6

• 10. Adverse Probate Action Fee ..............................................................................................6
• 11. Claim-Against-Estate Fee .................................................................................................6
• 12. Supplemental Court-Initiated Guardianship Fee ..............................................................7
• 13. Records Management and Preservation Fee .....................................................................7
• 14. Judicial Support Fee in County-Level Court other than Statutory Probate Court .............8
• 15. Judicial Support Fee in Statutory Probate Court................................................................8
• 16. Add’l Judicial Support Fee in Statutory County Court other than Stat. Probate Court .....8
• 17. Basic Civil Legal Services for Indigents Fee

.....................................................................9

• 18. Central Adoption Registry Fee .........................................................................................9
• 19. Petition for Non-Disclosure Fee .....................................................................................10
• 20. SAPCR Transfer Fee ......................................................................................................10
• 21. Statewide E-Filing Fee

....................................................................................................10

• 22. Copy-of-Writ-of-Income-Withholding-to-Subsequent-Employer Fee

...........................11

• 23. Copy-of-Judicial-Writ-of-Income-Withholding-to-Subsequent-Employer Fee .............12
• 24. Judicial and Court Personnel Training Fee …..…...…………………………………...12
• II. Statewide Required Filing Fees (Varying Amounts)
• 25. Additional Special Fee (Original Probate Suit) ..............................................................14
• 26. Court Record Preservation Fee .......................................................................................14
• 27. Family Protection Fee .....................................................................................................15
• 28. Law Library Fee

..............................................................................................................15

• III. Statewide Optional Filing Fees (Set Amounts)
• 29. Clerk’s Fee (Action within SAPCR) ...............................................................................16

2

• IV. Statewide Optional Filing Fees (Varying Amounts)
• 30. Courthouse Security Fee .................................................................................................17
• 31. Alternative Dispute Resolution (ADR) Fee

....................................................................17

• 32. Domestic Relations Office (DRO Initial Operations Fee ...............................................18
• 33. Domestic Relations Office (DRO) Initial Child Support Service Fee

............................18

• 34. Administrative Writ of Income Withholding Fee

...........................................................19

• 35. Modification-to-Withholding or Termination-of-Withholding Fee ................................19
• 36. County Clerk Insurance Contingency Fund Fee

.............................................................20

• 37. District Clerk Insurance Contingency Fund Fee

.............................................................20

• V. Required Filing Fees in Certain Counties (Set Amounts)
• 38. Additional Judicial Support Fee in Constitutional County Court

...................................21

• 39. Supplemental Public Probate Administrator Fee

............................................................21

• 40. General Court Reporter Fee ............................................................................................22
• 41. El Paso County Court Reporter Fee

................................................................................22

• 42. Appellate Judicial System Fee (Districts 2, 3, 6, 7, 8, 9, 12)

...........................................22

• 43. Comal County Juvenile Placement Fee ..........................................................................23
• VI. Required Filing Fees in Certain Counties (Varying Amounts)
• 44. Appellate Judicial System Fee (Districts 1, 4, 5, 13, 14)

.................................................24

• 45. Orange County Adoption Suit Fee

..................................................................................24

• 46. Orange County Divorce Suit Fee

....................................................................................24

• VII. Optional Filing Fees in Certain Counties (Set Amounts)
• 47. Appellate Judicial System Fee (District 11) ....................................................................25
• VIII. Optional Filing Fees in Certain Counties (Varying Amounts)
• 48. Cameron County and Hidalgo County Civil Court Facility Fee ....................................26
• 49. Webb County Courthouse Security Fee

..........................................................................26

• 50. Bexar County Civil Court Facility Fee ..........................................................................27
• 51. Dallas County Civil Court Facility Fee .........................................................................27
• 52. Hays County Civil Court Facility Fee ...........................................................................28
• 53. Rockwall County Civil Court Facility Fee ....................................................................28
• 54. Travis County Civil Court Facility Fee .........................................................................28
• 55. Willacy County and Starr County Civil Court Facility Fee …………………...……….29
• IX. Other Fees (If Applicable)
• 56. Jury Fee ……………………………………………..…………………………….……30
• 57. Nondisclosure Fee for Orders of Nondisclosure under Section 411.072 ………………30
• 58. Cameron County Technology and Infrastructure Fee ………………….……………….31

3

• I. Statewide Required Filing Fees (Set Amounts)

(1) CLERK’S FEE (ORIGINAL CIVIL SUIT) Source: Local Government Code §§ 118.052(1)(A)(ii); 118.053 Amount: $40.00 Statewide: Yes Applicability: All new civil suits except: (1) probate court actions; (2) garnishments after judgment (see Local Government Code § 118.052(1)(A)(i); and (3) minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)) “New civil suits” includes appeals from a justice of the peace or a corporation court and a transfer of an action from another jurisdiction Local Option: No – Fee is mandatory Destination: County General Fund (2) CLERK’S FEE (ORIGINAL PROBATE SUIT) Source: Local Government Code §§ 118.052(2)(A)(i, ii, iii, iv, v); 118.055 Amount: $40.00 Statewide: Yes Applicability: All new probate court actions including probates, administrations, guardianships, community survivors, small estates, declarations of heirship, mental health cases, and chemical dependency cases Local Option: No – Fee is mandatory Destination: County General Fund (3) CLERK’S FEE (ORIGINAL GARNISHMENT SUIT AFTER JUDGMENT) Source: Local Government Code §§ 118.052(1)(A)(i); 118.053 Amount: $15.00

4 Statewide: Yes Applicability: All new garnishments after judgment Local Option: No – Fee is mandatory Destination: County General Fund (4) CLERK’S FEE (ACTION WITHIN EXISTING CIVIL SUITS) Source: Local Government Code §§ 118.052(1)(B); 118.054 Amount: $30.00 Statewide: Yes Applicability Interpleaders, cross-actions (cross-claims), and other actions other than

• riginal actions in all civil suits except: (1) probate court actions; and (2)

minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)) Local Option: No – Fee is mandatory Destination: County General Fund (5) INVENTORY AND APPRAISEMENT LATE FEE Source: Local Government Code §§ 118.052(2)(B)(i); 118.056(d) Amount: $25.00 Statewide: Yes Applicability: All inventories and appraisements filed after the 90th day after the date the personal representative has qualified to serve or, if the court grants an extension under Section 250, Probate Code, after the date of the extended deadline specified by the court. Local Option: No – Fee is mandatory Destination: County General Fund

5 (6) ANNUAL OR FINAL ACCOUNT FEE Source: Local Government Code § 118.052(2)(B)(iv) Amount: $25.00 Statewide: Yes Applicability: All annual accounts and final accounts Local Option: No – Fee is mandatory Destination: County General Fund (7) APPLICATON-FOR-SALE-OF-PROPERTY FEE Source: Local Government Code § 118.052(2)(B)(v) Amount: $25.00 Statewide: Yes Applicability: All applications for sale of real or personal property Local Option: No – Fee is mandatory Destination: County General Fund (8) ANNUAL OR FINAL REPORT-OF-GUARDIAN-OF-PERSON FEE Source: Local Government Code § 118.052(2)(B)(vi) Amount: $10.00 Statewide: Yes Applicability: All annual reports and final reports of guardians of persons Local Option: No – Fee is mandatory Destination: County General Fund

6 (9) LENGTHY DOCUMENT FEE Source: Local Government Code § 118.052(2)(B)(vii) Amount: $25.00 Statewide: Yes Applicability: Any document (other than an inventory and appraisement, an annual or final account, an application for the sale of property, or an annual or final report of a guardian of a person) more than 25 pages in length filed in a probate case after the earlier of: (1) the filing of an order approving an inventory and appraisement; or (2) the 120th day after the date of the initial filing of the case Local Option: No – Fee is mandatory Destination: County General Fund (10) ADVERSE PROBATE ACTION FEE Source: Local Government Code §§ 118.052(2)(C); 118.057 Amount: $40.00 Statewide: Yes Applicability: All adverse probate actions Local Option: No – Fee is mandatory Destination: County General Fund (11) CLAIM-AGAINST-ESTATE FEE Source: Local Government Code §§ 118.052(2)(D); 118.058 Amount: $10.00 Statewide: Yes Applicability: All claims against estates Local Option: No – Fee is mandatory

7 Destination: County General Fund (12) SUPPLEMENTAL COURT-INITIATED GUARDIANSHIP FEE Source: Local Government Code §§ 118.052(2)(E); 118.067 Amount: $20.00 Statewide: Yes Applicability: All new probate court actions and all adverse probate actions Local Option: No – Fee is mandatory Destination: Court-initiated Guardianship Fund in the County Treasury to be used only to supplement (as opposed to supplant) other county funds used to (1) pay the compensation of a guardian ad litem appointed by a court under Section 683 , Probate Code; (2) pay the compensation of an attorney ad litem appointed by a court to represent a proposed ward under Section 683, Probate Code; and (3) fund local guardianship programs that provide guardians for indigent incapacitated persons who do not have family members willing and able to serve as guardians. (13) RECORDS MANAGEMENT AND PRESERVATION FEE Source: Local Government Code §§ 118.052(3)(G); 118.0546; 118.0645 Amount: $5.00 Statewide: Yes Applicability: All new civil suits except minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)), all new probate court actions, all garnishments after judgment, and all adverse probate actions. Also, all “ancillary proceedings” to civil cases. Local Option: No – Fee is mandatory Destination: County Records Management and Preservation Fund

8 (14) JUDICIAL SUPPORT FEE IN COUNTY-LEVEL COURT OTHER THAN STATUTORY PROBATE COURT Source: Local Government Code § 133.154 Amount: $42.00 Statewide: Yes Applicability: On the filing of any civil suit (including probate court actions and garnishments after judgment) except minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)). The fee should not be assessed on adverse probate actions. While this fee is assessed in the foregoing suits filed in constitutional county courts and statutory county courts (i.e., county courts at law), the fee is not to be assessed in statutory probate courts (see Tex. Att’y Gen.

• Op. No. GA-0568 (2007).

Local Option: No – Fee is mandatory Destination: (a) State Judicial Fund; (b) County may retain any interest earned on fee (15) JUDICIAL SUPPORT FEE IN STATUTORY PROBATE COURT Source: Government Code § 51.704 Amount: $40.00 Statewide: Yes Applicability: In each probate, guardianship, mental health, or civil case filed in a statutory probate court, except minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)). The fee should not be assessed on adverse probate actions. Local Option: No – Fee is mandatory Destination: (a) State Judicial Fund; (b) County may retain any interest earned on fee (16) ADDITIONAL JUDICIAL SUPPORT FEE IN STATUTORY COUNTY COURT OTHER THAN STATUTORY PROBATE COURT Source: Government Code § 51.702

9 Amount: $40.00 Statewide: Yes Applicability: In each civil case filed (including probate court actions and garnishments after judgment) in a statutory county court, except minors’ applications for

• rders authorizing an abortion without parental notice (see Family Code, §

33.003(n)) that are filed. The fee should not be assessed on adverse probate actions. The fee is not to be assessed in statutory probate courts. Local Option: No – Fee is mandatory Destination: (a) State Judicial Fund; (b) County may retain any interest earned on fee (17) BASIC CIVIL LEGAL SERVICES FOR INDIGENTS FEE Source: Local Government Code § 133.153 Amount: $10.00 Statewide: Yes Applicability: All new civil suits (including probate court actions and garnishments after judgment) except minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)). Also, all adverse probate actions, all civil appeals from justice court and small claims court, and all counterclaims, cross-actions, interventions, interpleaders, and third-party actions. Local Option: No – Fee is mandatory Destination: (a) 95% to State Judicial Fund – Basic Civil Legal Services Account (b) 5% to County General Fund as a “service fee” for collecting the fee (c) County may retain any interest earned on fee (18) CENTRAL ADOPTION REGISTRY FEE Source: Family Code § 108.006. Amount: $15.00 Statewide: Yes

10 Applicability: All new suits requesting adoption of a child Local Option: No – Fee is mandatory Destination: Texas Department of State Health Services (Texas Vital Statistics) – special fund to operate central adoption file and central adoption registry (19) PETITION FOR NONDISCLOSURE FEE Source: Government Code § 411.0745 Amount: $28.00 Statewide: Yes Applicability: New petitions for an order of nondisclosure, except for nondisclosures under § 411.072, Government Code. See No. (58) below for nondisclosures under § 411.072. Local Option: No – Fee is mandatory Destination: State Comptroller – State General Revenue Fund (20) SAPCR TRANSFER FEE Source: Family Code § 110.005 Amount: $45.00 Statewide: Yes Applicability: All SAPCR’s (suits affecting the parent-child relationship) transferred from other counties Local Option: No – Fee is mandatory Destination: County General Fund (21) STATEWIDE E-FILING FEE Source: Government Code § 51.851(b) Amount: $30.00

11 Statewide: Yes Applicability: (a) All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees (b) All civil actions other than: (1) the following actions in family-law cases (see Family Code § 110.002):  contempt action (motion for contempt)  motion for enforcement  motion for modification (motion to modify)(suit for modification)  motion to revoke a stay of license suspension  motion to transfer  notice of application for judicial writ of withholding  petition for license suspension (2) administrative writs of income withholding (see Family Code §§ 231.202, 231.204) (c) SPECIAL NOTE: The Court may waive this fee for an individual the court determines is indigent. See Government Code, § 51.851(e). Local Option: No – Fee is mandatory Destination: Statewide Electronic Filing System Fund (22) COPY-OF-WRIT-OF-INCOME-WITHHOLDING-TO-SUBSEQUENT- EMPLOYER FEE Source: Family Code § 8.267 Amount: $15.00 Statewide: Yes Applicability: Upon the filing of a writ of withholding after a party has delivered a copy of the writ to a subsequent employer Local Option: No – Fee is mandatory Destination: County General Fund

12 (23) COPY-OF-JUDICIAL-WRIT-OF-INCOME-WITHHOLDING-TO- SUBSEQUENT-EMPLOYER FEE Source: Family Code § 158.319 Amount: $15.00 Statewide: Yes Applicability: Upon the filing of a judicial writ of withholding after a party has delivered a copy of the writ to a subsequent employer Local Option: No – Fee is mandatory Destination: County General Fund (24) JUDICIAL AND COURT PERSONNEL TRAINING FEE Source: Government Code § 51.971 (effective September 1, 2017) Amount: $5.00 Statewide: Yes Applicability: (a) On the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third party action requiring a filing fee. (b) The fee does not apply to the following:  fraudulent lien suits (see Civil Practice & Remedies Code § 12.005)  actions or proceedings with no filing fees

• motion for/findings on judicial review of lien/claim

documentation (Gov’t Code §§ 51.902, 51.903)

• expunctions suits filed within 30 days of acquittal (CCP
• Art. 102.006(b) the fee shall be waived)
• minor’s application for order authorizing abortion w/o

parental notice (Family Code § 33.003(n))  certain guardianship filings

• inventory and appraisement – delayed
• annual or final account
• annual or final report of the guardianship of a person
• lengthy delayed probate document

 certain actions in family-law cases (see Family Code § 110.002)

13

• 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 income

withholding

• petition for license suspension

 application for the sale of property  claims against the estate Local Option: No – Fee is mandatory Destination: (a) 100% to the state for the Judicial and Court Personnel Training Fund (b) A county may not retain a service fee on the collection of the fee (c) A court may waive the fee if it determines that a person is indigent.

14

• II. Statewide Required Filing Fees (Varying Amounts)

(25) ADDITIONAL SPECIAL FEE (ORIGINAL PROBATE SUIT) Source: Local Government Code §§ 118.052(2)(A)(vi); 118.064 Amount: $5.00 (Note: If the fee produces more revenue than required for the purposes shown in the “Destination” section below, the commissioners court by order shall reduce the fee to an amount that will not produce more revenue than required.) Statewide: Yes Applicability: All new probate court actions including probates, administrations, guardianships, community survivors, small estates, declarations of heirship, mental health cases, and chemical dependency cases Local Option: No – Fee is mandatory Destination: County General Fund to be used for (1) the continuing education of the judge and staff of the probate court; or (2) the county’s contribution to fund the compensation of the presiding judge of the statutory probate courts in Texas (26) COURT RECORD PRESERVATION FEE Source: Government Code § 51.708 Amount: $0.01 to $10.00 Statewide: Yes Applicability: All new civil suits (including probate court actions and garnishments after judgment) filed in a county court or statutory county court except minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)). The statute does not list statutory probate courts, so this fee does not apply to new civil suits filed in a statutory probate court. See Tex. Att’y Gen. Op. No. GA-0568 (2007). The fee should not be assessed on adverse probate actions. Local Option: Fee is mandatory, but Commissioners Court (apparently) sets the fee

• amount. (The statute does not say who is to set the fee.)

15 Destination: County Court Record Preservation Account (27) FAMILY PROTECTION FEE Source: Government Code § 51.961 Amount: $0.01 to $15.00 Statewide: Yes Applicability: (a) All new suits for dissolution of marriage (i.e., divorce suits, annulment suits, suits to declare a marriage void) (b) All plaintiffs except those persons protected by an order issued under: (1) Subtitle B, Title 4, Family Code (protective order) (2) Article 17.292, Code of Criminal Procedure (magistrate’s order for emergency protection) Local Option: No – Fee is mandatory but Commissioners Court sets fee amount Destination: County Family Protection Account (28) LAW LIBRARY FEE Source: Local Government Code § 323.023 Amount: $0.01 to $35.00 Statewide: Yes Applicability: (a) All new civil suits (including probate actions and garnishments after judgment) except delinquent tax suits and minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)) (b) All plaintiffs except clerk’s county Local Option: Fee is mandatory but Commissioners Court sets fee amount Destination: County Law Library Fund

16

• III. Statewide Optional Filing Fees (Set Amounts)

(29) CLERK’S FEE (ACTION WITHIN SAPCR) Source: Family Code § 110.002 Amount: $15.00 Statewide: Yes Applicability: (a) The following actions in SAPCR’s:  contempt action (motion for contempt)  motion for enforcement (motion to enforce)  motion for modification (motion to modify)(suit for modification)  motion to revoke a stay of license suspension  motion to transfer  notice of application for judicial writ of withholding  petition for license suspension Local Option: Yes – Clerk “may” collect this fee Destination: County General Fund

17

• IV. Statewide Optional Filing Fees (Varying Amounts)

(30) COURTHOUSE SECURITY FEE Source: Local Government Code § 291.008 Amount: $0.01 to $5.00 Statewide: Yes Applicability: (a) All new civil suits filed in a county court or county court at law except minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n))., all new probate court actions, all garnishments after judgment, and all adverse probate

• actions. The statute does not list statutory probate courts, so this

fee does not apply to new civil suits filed in a statutory probate

• court. See Tex. Att’y Gen. Op. No. GA-0568 (2007).

(b) All plaintiffs except the State, a political subdivision of the State, and the clerk’s county. If the plaintiff is the State or a political subdivision

• f the State, then the security fee is not due at the time of filing but is

to be taxed and collected as costs against the nonprevailing party at the conclusion of the trial. See Tex. Att’y Gen. Op. No. DM-283 (1994) at n.3. Local Option: (a) Yes – Commissioners Court “may” set fee (b) Commissioners Court sets fee amount Destination: County Courthouse Security Fund (31) ALTERNATIVE DISPUTE RESOLUTION (ADR) FEE Source: Civil Practice & Remedies Code § 152.004 Amount: $0.01 to $15.00 Statewide: Yes Applicability: New civil suits except: (a) mental commitment cases (b) delinquent tax suits (c) condemnation proceedings (d) minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)) (e) suits in which the plaintiff is the clerk’s county

18 Local Option: Yes – (a) Fee can be collected only if commissioners court establishes a County Alternative Dispute Resolution System. (b) Commissioners Court “may” set fee. (c) Commissioners Court sets fee amount Destination: County Alternative Dispute Resolution System Fund (32) DOMESTIC RELATIONS OFFICE (DRO) INITIAL OPERATIONS FEE Source: Family Code §§ 110.006(a), (c), 203.005(a)(1) Amount: $0.01 to $15.00 Statewide: No -- Only in counties that have established a Domestic Relations Office under Family Code, § 203.002. Applicability: All new SAPCR's and all motions to modify and motions to enforce within SAPCR's Local Option: Yes – (a) Fee can be collected only if Commissioners Court establishes a County Domestic Relations Office. (b) “Administering Entity” (either Commissioners Court or Juvenile Board) “may” authorize collection of fee. (c) Administering entity sets fee amount. (d) Administering entity may provide for certain fee exemptions. Destination: Either of the following two funds: (a) County General Fund; or (b) County Domestic Relations Office Fund (33) DOMESTIC RELATIONS OFFICE (DRO) INITIAL CHILD SUPPORT SERVICE FEE Source: Family Code §§ 110.006(b), (c), 203.005(a)(2) Amount: $0.01 to $36.00 Statewide: Yes Applicability: All new SAPCR’s (does not include motions to modify or enforce)

19 Local Option: Yes – (a) Fee can be collected only if Commissioners Court establishes a County Domestic Relations Office and the County enters enters into a “child support cooperative agreement” with the Title IV-D Agency.” (b) “Administering Entity” (either Commissioners Court or Juvenile Board) “may” authorize collection of fee. (c) Administering Entity sets fee amount. (d) Administering Entity may provide for certain fee exemptions Destination: Either of the following two funds: (a) County General Fund; or (b) County Domestic Relations Office Fund (34) ADMINISTRATIVE WRIT OF INCOME WITHHOLDING FEE Source: Family Code § 158.503 Amount: $0.01 to $15.00 Statewide: Yes Applicability: Administrative writs of income withholding filed in SAPCR’s Local Option: Yes – (a) Clerk “may” charge the fee (b) Clerk sets fee amount Destination: County General Fund (35) MODIFICATION-TO-WITHHOLDING OR TERMINATION-OF- WITHHOLDING FEE Source: Texas Family Code § 158.403 Amount: $0.01 to $15.00 Statewide: Yes Applicability: All requests for the issuance and delivery to a child support obligor of a modified writ of withholding or notice of termination of withholding. Local Option: Yes – District Clerk “may” set fee Destination: County General Fund

20 (36) COUNTY CLERK INSURANCE CONTINGENCY FUND FEE Source: Local Government Code § 82.003 Amount: $0.01 to $5.00 Statewide: Yes Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees.) Local Option: Yes – (a) Fee can be collected only if Commissioners Court establishes a contingency fund to provide insurance for County Clerk (b) Commissioners Court “may” set this fee (c) Commissioners Court sets fee amount (d) Fee may only be collected until total amount of collected fees equals amount required to be in the County Clerk Contingency Fund Destination: County Clerk Insurance Contingency Fund (37) DISTRICT CLERK INSURANCE CONTINGENCY FUND FEE Source: Government Code § 51.302(e) Amount: $0.01 to $5.00 Statewide: Yes Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees (see District Court Civil Suits and Actions – Part III) Local Option: Yes – (a) Fee can be collected only if Commissioners Court establishes a contingency fund to provide insurance for District Clerk (b) Commissioners Court “may” set this fee (c) Commissioners Court sets fee amount (d) Fee may only be collected until total amount of collected fees equals amount required to be in District Clerk Contingency Fund Destination: District Clerk Insurance Contingency Fund

21

• V. Required Filing Fees in Certain Counties (Set Amounts)

(38) ADDITIONAL JUDICIAL SUPPORT FEE IN CONSTITUTIONAL COUNTY COURT Source: Government Code § 51.703 Amount: $40.00 Statewide: Yes Applicability: All new civil suits (including probate court actions and garnishments after judgment) except minors’ applications for orders authorizing an abortion without parental notice (see Family Code, § 33.003(n)) that are filed in a constitutional county court if the judge of the court is entitled to an annual salary supplement from the state under Government Code, Section 26.006. The fee should not be assessed on adverse probate actions. Local Option: No – Fee is mandatory in counties in which the county judge is entitled to the above-referenced salary supplement. Destination: (a) State Judicial Fund (b) County may retain any interest earned on fee (39) SUPPLEMENTAL PUBLIC PROBATE ADMINISTRATOR FEE Source: Local Government Code §§ 118.052(2)(F); 118.068 Amount: $10.00 Statewide: Yes Applicability: All new probate court actions including probates, administrations, guardianships, community survivors, small estates, declarations of heirship, mental health cases, and chemical dependency cases. The fee is also charged in all adverse probate actions. Local Option: No – Fee is mandatory in counties that have appointed a public probate administrator under Chapter 455 of the Estates Code. Destination: County Treasury to only be used to fund the expense of the public probate administrator’s office.

22 (40) GENERAL COURT REPORTER FEE Source: Government Code § 51.601(a) Amount: $15.00 Statewide: No – all counties except counties located on the Texas-Mexico border that contain a municipality with a population of 500,000 or more (i.e., El Paso County) Applicability: All new civil suits except delinquent tax suits, fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees Local Option: No – Fee is mandatory (as long as the county-level court has an official court reporter) Destination: Court Reporter Service Fund (41) EL PASO COUNTY COURT REPORTER FEE Source: Government Code § 51.601(a-1) Amount: $30.00 Statewide: No – only in counties located on the Texas-Mexico border that contain a municipality with a population of 500,000 or more – currently El Paso County is the only such county Applicability: All new civil suits except delinquent tax suits, fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees Local Option: No – Fee is mandatory (as long as the county-level court has an official court reporter Destination: Court Reporter Service Fund (42) APPELLATE JUDICIAL SYSTEM FEE (DISTRICTS 2, 3, 6, 7, 8, 9, 12) Source: Government Code §§ 22.2031, 22.2041, 22.2071, 22.2081, 22.2091, 22.2101, 22.2131 Amount: $5.00

23 Statewide: No – Only in counties in Court of Appeals District 2 (Fort Worth), District 3 (Austin), District 6 (Texarkana), District 7 (Amarillo), District 8 (El Paso), District 9 (Beaumont), and District 12 (Tyler) Applicability: For Districts 3, 7, and 9 (a) All new civil suits except delinquent tax suits, fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees (b) All plaintiffs except clerk’s county For Districts 2, 6, 8 and 12 (a) All new civil suits except delinquent tax suits, fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees (b) All plaintiffs except any governmental entity Local Option: No – Fee is mandatory Destination: Appellate Judicial System Fund (for use by the relevant court of appeals) (43) COMAL COUNTY JUVENILE PLACEMENT FEE Source: Human Resources Code § 152.0522 Amount: $4.00 Statewide: No – Only in Comal County Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees. This fee is charged only in a case assigned to a county court at law. The fee is not charged in a case handled by the constitutional county court. Local Option: No – Fee is mandatory Destination: County Juvenile Special Placement Fund

24

• VI. Required Filing Fees in Certain Counties (Varying Amounts)

(44) APPELLATE JUDICIAL SYSTEM FEE (DISTRICTS 1, 4, 5, 13, 14) Source: Government Code §§ 22.2021, 22.2051, 22.2061, 22.2141 Amount: $0.01 to $5.00 Statewide: No – Only in counties in Court of Appeals Districts 1 (Houston), 4 (San Antonio), 5 (Dallas), 13 (Corpus Christi), and 14 (Houston) Applicability: (a) All new civil suits except delinquent tax suits, fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees Local Option: Fee is mandatory, but Commissioners Court sets fee amount Destination: Appellate Judicial System Fund (for use by the relevant Court of Appeals) (45) ORANGE COUNTY ADOPTION SUIT FEE Source: Human Resources Code § 152.1874 Amount: Not less than $25.00 Statewide: No – Only in Orange County Applicability: All new adoption suits Local Option: Fee is mandatory but Juvenile Board (apparently) sets fee amount Destination: County Adoption Investigation Fund (46) ORANGE COUNTY DIVORCE SUIT FEE Source: Human Resources Code § 152.1873 Amount: Not less than $5.00 Statewide: No – Only in Orange County Applicability: All new divorce suits Local Option: Fee is mandatory but Juvenile Board (apparently) sets fee amount Destination: County fund used to cover expenses of the Orange County Juvenile Board

25

• VII. Optional Filing Fees in Certain Counties (Set Amounts)

(47) APPELLATE JUDICIAL SYSTEM FEE (DISTRICT 11) Source: Government Code § 22.2121 Amount: $5.00 Statewide: No – Only in counties in Court of Appeals District 11 (Eastland) Applicability: (a) All new civil suits except delinquent tax suits, fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fee (b) All plaintiffs except governmental entities Local Option: Yes – Fee to be established upon request of the chief justice of the 11th Court of Appeals Destination: Appellate Judicial System Fund (for use by the 11th Court of Appeals in Eastland)

26

• VIII. Optional Filing Fees in Certain Counties (Varying Amounts)

(48) CAMERON COUNTY AND HIDALGO COUNTY CIVIL COURT FACILITY FEE Source: Government Code § 51.711 Amount: $0.01 to $20.00 Statewide: No – Only in Cameron County and Hidalgo County Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees (see District Court Civil Suits and Actions – Part III). The fee is to be assessed in a statutory county court, but is not to be assessed in a constitutional county court. Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee (b) Fee is abolished if Commissioners Court rescinds resolution (c) Fee is automatically abolished as of October 1, 2030 Destination: Special account in the county treasury dedicated to the construction, renovation, or improvement of the facilities that house the courts in the county collecting the fees. (49) WEBB COUNTY COURTHOUSE SECURITY FEE Source: Local Government Code § 291.009 Amount: $0.01 to $20.00 Statewide: No – Only in Webb County Applicability: (a) All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees (b) All plaintiffs except Webb County Local Option: (a) Yes – Commissioners Court “may” set fee (b) Commissioners Court sets fee amount Destination: Special County Fund to be used only for courthouse security

27 (50) BEXAR COUNTY CIVIL COURT FACILITY FEE Source: Government Code § 51.706 Amount: $0.01 to $15.00 Statewide: No – Only in Bexar County Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005); suits with no filing fees; and suits affecting the parent-child relationship for the adoption of a child or the termination of parental rights. The fee is to be assessed in a statutory probate court or a county court at law. The fee is not to be assessed in a constitutional county court. Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee (b) Earliest date for assessment of fee is October 1, 2009 (c) Fee is abolished if Commissioners Court rescinds resolution (d) Fee is automatically abolished as of October 1, 2024 Destination: Special account in the county treasure dedicated to the construction, renovation, or improvement of the facilities that house the Bexar County civil and criminal courts. (51) DALLAS COUNTY CIVIL COURT FACILITY FEE Source: Government Code § 51.705 Amount: $0.01 to $15.00 Statewide: No – Only in Dallas County Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees. The fee is to be assessed in a statutory probate court or a county court at law. The fee is not to be assessed in a constitutional county court. Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee (b) Fee is abolished if Commissioners Court rescinds resolution (c) Fee is automatically abolished as of July 1, 2030 Destination: Special County fund dedicated to construction, renovation and improvement of Dallas County civil court facilities

28 (52) HAYS COUNTY CIVIL COURT FACILITY FEE Source: Government Code § 51.707 Amount: $0.01 to $15.00 Statewide: No – Only in Hays County Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees. The fee is to be assessed in a county court at law. The fee is not to be assessed in a constitutional county court. Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee (b) Fee is abolished if Commissioners Court rescinds resolution (c) Fee is automatically abolished as of July 1, 2022 Destination: Special County fund dedicated to construction, renovation and improvement of the Hays County civil court facilities (53) ROCKWALL COUNTY CIVIL COURT FACILITY FEE Source: Government Code § 51.709 (Version 1) Amount: $0.01 to $15.00 Statewide: No – Only in Rockwall County Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees. The fee is to be assessed in a county court at law, but not in a constitutional county court. Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee (b) Fee is abolished if Commissioners Court rescinds resolution (c) Fee is automatically abolished as of July 1, 2025 Destination: Special County Fund to be used for the construction, renovation, or improvement of the facilities that house the courts collecting the fee. (54) TRAVIS COUNTY CIVIL COURT FACILITY FEE Source: Government Code § 51.710 Amount: $0.01 to $15.00

29 Statewide: No – Only in Travis County Applicability: (a) All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees. The fee is to be assessed in a county court at law and a statutory probate court, but not in a constitutional county court. Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee (b) Fee is abolished if Commissioners Court rescinds resolution (c) Fee is automatically abolished as of October 1, 2028 Destination: Special County Fund dedicated to the construction, renovation, or improvement of the facilities that house the courts collecting the fee. (55) WILLACY COUNTY AND STARR COUNTY CIVIL COURT FACILITY FEE Source: Government Code § 51.713 Amount: $0.01 to $20.00 Statewide: No – Only Willacy County and Starr Counties Applicability: All new civil suits except fraudulent lien suits (see Civil Practice & Remedies Code § 12.005) and suits with no filing fees (see District Court Civil Suits and Actions – Part III) Local Option: (a) Yes – Commissioners Court must adopt resolution authorizing this fee (b) Fee is abolished if Commissioners Court rescinds resolution (c) Fee is automatically abolished on October 1, 2045, unless the Commissioners Court has already rescinded it Destination: Special County fund dedicated to the construction, renovation and improvement of the Willacy or Starr County civil court facilities

30

• IX. Other Fees (If Applicable)

(56) JURY FEE Source: Government Code § 51.604 Amount: $40.00 Statewide: Yes Applicability: When a party in a civil case applies for a jury trial Local Option: Fee is mandatory Destination: County General Fund (57) NONDISCLOSURE FEE FOR ORDERS OF NONDISCLOSURE UNDER § 411.072 FOR CERTAIN NONVIOLENT MISDEMEANORS Source: Government Code § 411.072(c) Amount: $28.00 Statewide: Yes Applicability: If the court is required to issue an order of nondisclosure pursuant to § 411.072(b), Government Code, the petitioner (defendant) must pay this fee before the court issues the order. A defendant is not required to file a petition for this type of order of nondisclosure, so a clerk should not charge fees that generally apply upon the filing of a civil petition.1 OCA has provided a model letter for defendants to submit to the court. This letter is not a petition and should be used only if the court has not already issued the order. Local Option: Fee is mandatory Destination: 100% to the State for deposit in the State’s General Revenue Fund

1 Compare the language of § 411.072(b) with the language of §§ 411.0725(b), 411.0727(b), 411.0728(b),

411.073(b), 411.0731(b), 411.0735(b), and 411.0736(b). Unlike these other sections, Section 411.072(b) does not contain a sentence with language the same as or similar to, “the person may petition the court” or “the person is entitled to file with the court …. a petition.”

31 (58) CAMERON COUNTY TECHNOLOGY AND INFRASTRUCTURE FEE Source: Local Government Code §§ 118.069, 118.101, 118.102; Government Code §103.030(7) Amount: $2.00 Statewide: No – Only in Cameron County Applicability: When a person pays a fee for a probate matter under §118.101, LGC, or when a records management and preservation fee is assessed under §118.0546 or 118.0645, LGC, upon the filing of any civil case or ancillary pleading thereto or any probate case or adverse probate action. Local Option: Yes – Commissioners Court may adopt this fee. DO NOT ASSESS THIS FEE IF THE COMMISSIONERS COURT HAS NOT ADOPTED THE FEE AS PART OF THE COUNTY’S ANNUAL BUDGET. The fee must be set and itemized in the county's budget as part of the budget preparation process. Destination: 100% of the fee is retained by the county and is deposited in a separate records technology and infrastructure account in the general fund of the

• county. Any interest accrued remains with the account. The funds

generated from the collection of this fee may be used only for technology and infrastructure for the maintenance of county records and the operation

• f the county records system.

County Clerks’ Misdemeanor Conviction Court Cost Chart

(ORIGINAL JURISDICTION) – 01/01/2018 A

B C

D E F G H I J Always Charge Cost Nos. 1 thru 15 upon conviction (including deferred adjudication and deferred disposition). 1 Emergency Medical Services (EMS), Trauma Facilities and Trauma Care Systems Cost – CCP, art. 102.0185 100 100 100 2 Consolidated Court Cost – LGC, § 133.102(a) 83 83 83 83 83 83 83 83 83 83 3 Drug Court Cost – CCP, art. 102.0178 60 60 60 60 4 Juvenile Delinquency Prevention Fee – CCP, art. 102.0171(a) 50 5 Clerk’s Fee – CCP, art. 102.005(a) 40 40 40 40 40 40 40 40 40 40 6 State Traffic Fine – Transp. Code, §542.4031 30 30 7 Records Management Fee – CCP, art. 102.005(f) 25 25 25 25 25 25 25 25 25 25 8 Judicial Fund Court Cost – Government Code, §§ 51.702, 51.703 15 15 15 15 15 15 15 15 15 15 9 Judicial Support Fee – Local Gov’t Code, § 133.105(a) 6 6 6 6 6 6 6 6 6 6 10 County and District Court Technology Fund Fee – CCP, art. 102.0169 4 4 4 4 4 4 4 4 4 4 11 Court Security Fee – CCP, art. 102.017(b) 3 3 3 3 3 3 3 3 3 3 12 Additional Court Cost – Transp. Code, § 542.403 3 3 13 Indigent Defense Fee – Local Gov’t Code, § 133.107 2 2 2 2 2 2 2 2 2 2 14 Moving Violation Fee – CCP, art. 102.022 0.10 0.10 0.10 0.10 TOTAL COSTS ALWAYS CHARGED UPON CONVICTION (INCLUDING DEFERRED ADJUDICATION AND DEFERRED DISPOSITION) 338.10 338.10 338 238 228 211.10 211 178.10 178 178 15 DNA Testing Court Cost No. 2 – CCP, art. 102.020(a)(2) Charged upon conviction (including deferred adjudication) if the court does not waive the cost because the defendant is indigent and unable to pay. 50 Cost Nos. 17 thru 28 are charged upon conviction (including deferred adjudication and deferred disposition) if the applicable service was performed by a peace officer. 16 Execute or Process Arrest Warrant, Capias, or Capias Pro Fine - CCP, 102.011(a)(2) 50 50 50 50 50 50 50 50 50 50 17 Serve Writ – CCP, art. 102.011(a)(4) 35 35 35 35 35 35 35 35 35 35 18 Take and Approve Bond – CCP, art. 102.011(a)(5) 10 10 10 10 10 10 10 10 10 10 19 Convey Witness (charge per day) – CCP, art. 102.011(c) 10 10 10 10 10 10 10 10 10 10 20 Arrest without Warrant or Issue Notice to Appear – CCP, 102.011(a)(1) 5 5 5 5 5 5 5 5 5 5 21 Summon Witness (charge per witness each time summoned) – CCP, art. 102.011(a)(3) 5 5 5 5 5 5 5 5 5 5 22 Commitment to Jail – CCP, art. 102.011(a)(6) 5 5 5 5 5 5 5 5 5 5 23 Release from Jail – CCP, art. 102.011(a)(6) 5 5 5 5 5 5 5 5 5 5 24 Summon Jury – CCP, art. 102.011(a)(7) 5 5 5 5 5 5 5 5 5 5 25 Mileage Fees for certain Conveyances and Travel (29¢/mile) – CCP, art. 102.011(b) x x x x x x x x x x 26 Meals/Lodging Expenses for certain Conveyances and Travel – CCP, art. 102.011(b) x x x x x x x x x x 27 Overtime Costs for Testifying at Trial - CCP, 102.011(i) x x x x x x x x x x 28 Jury Fee – CCP, art. 102.004 Charged upon conviction by jury only. 40 40 40 40 40 40 40 40 40 40 29 Prosecutor’s Fee – CCP, art. 102.008(a) Charged upon conviction. The statute does not indicate that “conviction” includes deferred adjudication and deferred disposition. This fee applies to misdemeanors and gambling offenses. 25 25 25 25 25 25 25 25 25 25 30 Juror Reimbursement Fee – CCP, art. 102.0045 Charged upon conviction. The statute does not indicate that “conviction” includes deferred adjudication and deferred disposition. This fee applies whether or not there was a jury trial. 4 4 4 4 4 4 4 4 4 4 31 Visual Recording Cost – CCP, art. 102.018(a) Charged upon conviction (including deferred adjudication and deferred disposition) if a law enforcement agency used an electronic device to visually record the defendant. 15 15 32 Restitution Installment Fee – CCP, art. 42.037(g) Charged upon conviction if the court ordered installment payments. The statute does not indicate that “conviction” includes deferred adjudication and deferred disposition. 12 12 12 12 12 12 12 12 12 12 33 Statewide E-Filing Fee – Gov’t Code, § 51.851(d) Charged upon conviction (including deferred adjudication and deferred disposition) if the court did not waive the fee because the defendant is indigent. 5 5 5 5 5 5 5 5 5 5 34 Drug or Alcohol Rehabilitation Evaluation Court Cost – CCP, art. 102.018(b) Charged upon conviction (including deferred adjudication) if the court did not waive because the defendant is indigent. x

NOTE: When “X” appears on the chart this indicates that the amount must be calculated as provided in the statute.

The following costs are charged in appropriate circumstances: (35) Transaction Fee – CCP, art. 102.072 – not to exceed $2.00 This optional fee may be charged on each transaction relating to the collection of fines, fees, restitution, or other costs imposed by a court. (36) Time Payment Fee – LGC, § 133.103 -- $25.00 This fee is required whenever a person convicted of an offense pays any part of a fine, court costs, or restitution on or after the 31st day after the judgment entered assessing the fine, court costs, or restitution. For this fee, “convicted” includes deferred adjudication and deferred disposition. (37) Administrative Fee (Omni Fee – Failure to Pay) – Transportation Code, § 706.006(b) -- $30.00 (driver’s license) This fee is required if a person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner the court orders it, but

• nly if the court does not make a finding that the person is indigent.

NOTE: A person is presumed to be indigent if the person: (1) is required to attend school full time under Section 25.085, Education Code; (2) is a member of a household with a total annual income that is below 125 percent of the applicable income level established by the federal poverty guidelines; or (3) receives assistance from: (A) the financial assistance program established under Chapter 31, Human Resources Code; (B) the medical assistance program under Chapter 32, Human Resources Code; (C) the supplemental nutrition assistance program established under Chapter 33, Human Resources Code; (D) the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786; or (E) the child health plan program under Chapter 62, Health and Safety Code. See Transportation Code § 706.006(d (38) Order of Nondisclosure Fee – Government Code, § 411.072 -- $28.00 This fee is required before the court issues an order of nondisclosure under § 411.072(b). A person is not required to file a petition for an order of nondisclosure under § 411.072, so the clerk should not charge fees that generally apply upon the filing of a civil petition. Compare the language

• f § 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.”

Detailed Description of Offenses in each Misdemeanor Category on Chart A Driving While Intoxicated (DWI) punishable under Penal Code, § 49.04(b) B Driving While Intoxicated (DWI) punishable under Penal Code, § 49.04(c), (d) C Class A or B Misdemeanor Intoxication Offense other than DWI – Penal Code, §§ 49.05 - 49.065 D Class A or B Misdemeanor Drug Offense – Health & Safety Code, Ch. 481 E Class A or B Misdemeanor Graffiti Offense – Penal Code, § 28.08 F Class A or B Misdemeanor Rules-of-the-Road Offense1 that is a moving violation2 G Class A or B Misdemeanor Rules-of-the-Road Offense that is not a moving violation H General Class A or B Misdemeanor Offense3 that is a moving violation I Public Lewdness – Penal Code, § 21.07 Indecent Exposure – Penal Code, § 21.08 Terroristic Threat – Penal Code, § 22.07 (if a Class A Misdemeanor) Enticing a Child – Penal Code, § 25.04 Prostitution – Penal Code, § 43.02(b) Sale, Distribution, or Display of Harmful Material to Minor – Penal Code, § 43.24 Electronic Transmission of Certain Visual Material Depicting Minor – Penal Code, § 43.261 (if a Class A Misdemeanor) J General Class A or B Misdemeanor Offense that is not a moving violation

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

Court Cost and Fee Destinations

(1) 90% to State account funding emergency medical services, trauma facilities, and trauma care systems; 10% as a collection fee to the County. (2) Generally, 90% to the State and 10% to the County as a collection fee to be deposited in the County General Fund. However, a county may be able to retain an additional $22.50 if the county maintains a certified breath alcohol testing program but does not use the services of a certified technical supervisor employed by DPS and the conviction was an offense under Chapter 49, Penal Code, other than an offense that is a Class C misdemeanor (See Art. 102.016(b), CCP). The State money goes to 12 destinations as follows: (1) abused children’s counseling [0.0088%]; (2) crime stoppers assistance [0.2581%]; (3) breath alcohol testing [0.5507%]; (4) Bill Blackwood Law Enforcement Management Institute [2.1683%]; (5) law enforcement officers standards and education [5.0034%]; (6) comprehensive rehabilitation [9.8218%]; (7) law enforcement and custodial officer supplemental retirement fund [11.1426%]; (8) criminal justice planning [12.5537%]; (9) Center for the Study and Prevention of Juvenile Crime and Delinquency at Prairie View A&M University [1.2090%]; (10) compensation to victims of crime fund [37.6338%]; (11) emergency radio infrastructure account [5.5904%]; (12) judicial and court personnel training fund [4.8362%]; (13) Correctional Management Institute of Texas and Criminal Justice Center Account [1.2090%]; and (14) fair defense account [8.014317.8448%]. If a county is entitled to retain the additional $22.50, it must be used to defray the costs of maintaining and supporting a certified breath alcohol testing program. (3) In counties with drug court programs: (1) 50% to the County to develop and maintain County drug court programs; (2) 40% to the State to the Drug Court Account in the State General Revenue Fund to help fund drug court programs established under Chapters 122 – 125, Government Code; and (3) 10% as a service fee to the County General Fund. In counties with no drug court programs, 10% is retained by the County as a service fee and 90% is directed to the State Drug Court Account as mentioned above. (4) 100% to the County Juvenile Delinquency Prevention Fund to: (1) repair graffiti damage; (2) provide educational and intervention programs and materials designed to prevent persons from committing graffiti offenses; (3) provide rewards for aiding in the apprehension and prosecution of graffiti offenders; (4) fund teen recognition and recreation programs; (5) fund teen courts; (6) fund local juvenile probation departments; and (7) provide educational and intervention programs designed to prevent juveniles from engaging in delinquent conduct. (5) 100% to the County. (6) 5% to the County as a service fee for collection and 95% to the State. The money is directed to the State as follows: (1) 67% to the credit of the undedicated portion of the General Revenue Fund; and (2) 33% to the credit of the designated trauma and emergency medical services account under Section 780.003, Health & Safety Code. (7) 100% to the County. $22.50 to the County Records Management and Preservation Fund. $2.50 to the records management and preservation fund of the clerk of the court. (8) 100% to the State for deposit in the judicial fund. (9) $0.60 goes to the County General Fund “to promote the efficient operation of the . . . county courts and the investigation, prosecution, and enforcement of offenses that are within the jurisdiction of the courts.” $5.40 goes to the State Judicial Fund for court-related purposes for support of the judicial branch of the State, for child support and court management as provided by § 21.007, Government Code, and for basic civil legal services to the indigent as provided by § 51.943, Government Code. (10) 100% of the money is deposited in the County and District Court Technology Fund for: (1) the cost of continuing education and training for county and district court judges and clerks regarding technological enhancements for those courts; and (2) the purchase and maintenance of technological enhancements for district courts and county-level courts, including: (a) computer systems; (b) computer networks; (c) computer hardware; (d) computer software; (e) imaging systems; (f) electronic kiosks; and (g) docket management systems. (11) 100% stays with the County and is deposited into the Courthouse Security Fund. (12) 100% of the money stays with the County. (13) 90% to the State “Fair Defense Account” to fund indigent defense; 10% goes to the County as a collection fee. (14) 90% to the State; 10% as a collection fee to the County. The State money is deposited to the credit of the “Civil Justice Data Repository” fund in the State’s General Fund. The money is “to be used only by the Texas Commission on Law Enforcement to implement duties under Section 1701.162, Occupations Code.” The Commission’s duties involve the audit of certain law enforcement agency records. (15) 90% to the State; 10% as a collection fee to the County. The State money goes to DPS to help defray the cost of collecting or analyzing DNA samples provided by defendants who are required to pay this court cost. (16) The money is charged for the services of: (1) the law enforcement agency that executed the arrest warrant, capias, or capias pro fine, if the agency requests the court to impose the fee on conviction not later than the 15th day after the date of the execution of the arrest warrant, capias, or capias pro fine; or (2) the law enforcement agency that processed the arrest warrant, capias, or capias pro fine, if: (a) the arrest warrant, capias, or capias pro fine was not executed; or (b) the executing law enforcement agency did not timely request the court to impose the fee. If the law enforcement agency is a State entity (such as DPS or Parks and Wildlife), then 20% of the money is forward to the State while 80% of the money is retained by the County. The State money goes to the State’s General Fund. If the law enforcement agency is a County or City, then 100% of the money goes to the County or City. (17) Generally, 100% of the money stays with the County. The exception is if the service is performed by a peace officer employed by the State (e.g., DPS, Parks & Wildlife, etc.). In such an instance, the County keeps 80% of the fee. The other 20% goes to the State General Revenue Fund. (18) 100% of the money stays with the County.

(19) Generally, 100% of the money stays with the County. The exception is if the service is performed by a peace officer employed by the State (e.g., DPS, Parks & Wildlife, etc.). In such an instance, the County keeps 80% of the fee. The other 20% goes to the State General Revenue Fund. (20) Generally, 100% of the money stays with the County. The exception is if the service is performed by a peace officer employed by the State (e.g., DPS, Parks & Wildlife, etc.). In such an instance, the County keeps 80% of the fee. The other 20% goes to the State General Revenue Fund. (21) 100% of the money stays with the County. (22) 100% of the money stays with the County. (23) 100% of the money stays with the County. (24) 100% of the money stays with the County. (25) Generally, 100% of the money stays with the County. The exception is if the service is performed by a peace officer employed by the State (e.g., DPS, Parks & Wildlife, etc.). In such an instance, the County keeps 80% of the fee. The other 20% goes to the State General Revenue Fund. (26) Generally, 100% of the money stays with the County. The exception is if the service is performed by a peace officer employed by the State (e.g., DPS, Parks & Wildlife, etc.). In such an instance, the County keeps 80% of the fee. The other 20% goes to the State General Revenue Fund. (27) Generally, 100% of the money stays with the County. The exception is if the service is performed by a peace officer employed by the State (e.g., DPS, Parks & Wildlife, etc.). In such an instance, the County keeps 80% of the fee. The other 20% goes to the State General Revenue Fund. (28) 100% of the money stays with the County. (29) 100% to the County. (30) 90% to the State Jury Service Fund to reimburse counties for juror costs; 10% as a collection fee to the County (31) 100% of the money stays with the County. (32) 50% of the money ($6.00) goes to the State’s Compensation to Victims of Crime Fund. The other 50% of the money ($6.00) is to be retained by the court “for costs incurred in collecting the specified installments.” (33) 100% to the State for deposit “to the credit of the statewide electronic filing system fund established under [Gov’t Code] Section 51.852.” (34) 100% of the money stays with the County. (35) 100% of the money stay with the County. (36) 50% of the money ($12.50) is sent to the State and the other 50% ($12.50) is retained by the County. The money directed to the State is to be deposited in the State’s General Fund. As for the 50% of the money retained by the County, 80% ($10.00) goes to the County for unspecified purposes. The remaining 20% ($2.50) is to be used “for the purpose of improving the efficiency of the administration of justice in the county.” The County is required to “prioritize the needs of the judicial officer who collected the fees when making expenditures . . . and use the money deposited to provide for those needs.” (37) $20 is directed to the State while $10 is retained by the County. Of the $20 directed to the State, $10 is credited to the DPS to implement Chapter 706 of the Transportation Code. Chapter 706 outlines the procedure for DPS to deny the renewal of the driver’s license of a person who has failed to pay his or her court-ordered fine and costs. The remaining $10 goes to the State’s General Fund. There is no stated purpose for this $10 amount. Of the $10 retained by the County, it should be deposited in the general fund. There is no stated purpose for its use. See Transp. Code §706.007. (38) 100% of the money to the State for deposit in the State General Revenue Fund.

CONSTITUTIONAL CHALLENGES TO COURT COST AND FEE DESTINATIONS (This is not an exhaustive list. There could be

• ther cases.)

฀ New Test Used to Establish the Constitutionality of a Criminal Court Cost or Fee

In Peraza v. State, 467 S.W.3d 508 (Tex. Crim. App. 2015), the CCA established a new test for determining the constitutionality of a criminal court cost. In Peraza, CCA said a cost is constitutional if the statute creating the cost directs the cost to be expended for criminal justice purposes. Id at 517. CCA defined a “criminal justice purpose” to be “one that relates to the administration of our criminal justice system.” Id. The Court later used this test to find allocations of funds from the consolidated court cost to the abused children’s counseling and comprehensive rehabilitation accounts facially unconstitutional as a violation of the Separation of Powers Clause. See Salinas v. State, 523 S.W.3d 103, 106 (Tex. Crim. App. 2017). Following the Court’s decision in Salinas, the Legislature subsequently amended the relevant statute (LGC § 133.102) to fix the constitutional infirmity. Consequently, courts can still charge the consolidated court cost.

฀ Other Constitutional Challenges to Criminal Court Costs and Fees – If your court is in the jurisdiction of a court of appeals that has

issued an opinion on the issue, this opinion may be binding on your court. You should discuss the matter with the attorney for your county. Also, you should check with your attorney to see whether an opinion is final. Peace Officer Fee – Summoning a Witness (charge per witness each time summoned) – CCP, art. 102.011(a)(3) The First Court of Appeals declared this fee facially unconstitutional. Allen v. State, No. 01-16-00768-CR, 2017 Tex. App. LEXIS 11015 (Tex. App.—Houston [1st Dist.] Nov. 28, 2017, no pet. h.) (motion for en banc reconsideration pending) Peace Officer Fee - Mileage Fees for certain Conveyances and Travel (29¢/mile) – CCP, art. 102.011(b) The First Court of Appeals declared this fee facially unconstitutional. Allen v. State, No. 01-16-00768-CR, 2017 Tex. App. LEXIS 11015 (Tex. App.—Houston [1st Dist.] Nov. 28, 2017, no pet. h.) (motion for en banc reconsideration pending) Prosecutor’s Fee - CCP, art. 102.008(a) The First Court of Appeals declared this fee facially unconstitutional. Hernandez v. State, No. 01-16-00755-CR, 2017 Tex. App. LEXIS 7612 (Tex. App.—Houston [1st Dist.] August 10, 2017, no pet. h.) (motion for rehearing pending) Jury Fee - CCP, art. 102.004(a) The First Court of Appeals declared this fee facially unconstitutional. Johnson v. State, No. 14-16-00658-CR, 2018 Tex. App. LEXIS 2136 (Tex. App. Tex. App.—Houston [14th Dist.] March 27, 2018, no pet. h.) Emergency Medical Services (EMS), Trauma Facilities and Trauma Care Systems Cost - CCP, art. 102.0185 The Second and Sixth Courts of Appeals declared this fee facially unconstitutional. Casas v. State, 524 S.W.3d 921 (Tex. App.—Fort Worth 2017); Robison v. State, No. 06- 17-00082-CR, 2017 Tex. App. LEXIS 9713 (Tex. App.—Texarkana October 10, 2017)

WAIVER OF PAYMENT OPTION (Art. 43.091, CCP)

฀

Courts may waive all or part of a fine or costs and must no longer wait for a defendant to default. A court may waive payment of all

• r part of a fine or costs imposed on a defendant if the court determines that: (1) the defendant is indigent or does not have sufficient

resources or income to pay all or part of the fine or costs or was, at the time the offense was committed, a child; and (2) each alternative method of discharging the fine or cost would impose an undue hardship on the defendant.

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

• n 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

• bligations imposed on a convicted criminal defendant. Rather, bills of costs should contain
• nly 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

• f 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

• f 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

• r 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

• pen 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

• f 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.