By: Zaffirini  S.B. No. 41          (In the Senate - Filed November 9, 2020; March 3, 2021, read   first time and referred to Committee on State Affairs;   April 8, 2021, rereferred to Committee on Jurisprudence;   April 28, 2021, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 5, Nays 0; April 28, 2021,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 41 By:  Hughes     A BILL TO BE ENTITLED   AN ACT     relating to the consolidation and allocation of state civil court   costs; increasing certain civil court costs; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  CONSOLIDATED CIVIL FILING FEES          SECTION 1.01.  Section 133.004, Local Government Code, is   amended to read as follows:          Sec. 133.004.  CIVIL FEES. This chapter applies to the   following civil fees:                (1)  the consolidated fee [on filing in district court]   imposed under Section 133.151;                (2)  the filing fee [in district court] for basic civil   legal services for indigents imposed under Section 133.152;                (3)  [the filing fee in courts other than district   court for basic civil legal services for indigents imposed under   Section 133.153;                [(4)  the filing fees for the judicial fund imposed in   certain statutory county courts under Section 51.702, Government   Code;                [(5)  the filing fees for the judicial fund imposed in   certain county courts under Section 51.703, Government Code;                [(6)]  the filing fees for the judicial fund imposed in   statutory probate courts under Section 51.704, Government Code;                (4) [(7)]  fees collected under Section 118.015;                (5) [(8)]  marriage license fees for the family trust   fund collected under Section 118.018; and                (6) [(9)]  marriage license or declaration of informal   marriage fees for the child abuse and neglect prevention trust fund   account collected under Section 118.022[; and                [(10) the filing fee for the judicial fund imposed in   district court, statutory county court, and county court under   Section 133.154].          SECTION 1.02.  The heading to Section 133.151, Local   Government Code, is amended to read as follows:          Sec. 133.151.  CONSOLIDATED CIVIL FEE ON FILING A CIVIL SUIT   [IN DISTRICT COURT].          SECTION 1.03.  Section 133.151, Local Government Code, is   amended by amending Subsections (a) and (c) and adding Subsections   (a-1) and (c-1) to read as follows:          (a)  The [In addition to each fee collected under Section   51.317(b)(1), Government Code, the] clerk of a district court,   statutory county court, or county court shall collect a fee in the   amount of $137 [the following fees] on the filing of any civil   suit[:                [(1)  $45 for family law cases and proceedings as   defined by Section 25.0002, Government Code; and                [(2) $50 for any case other than a case described by   Subdivision (1)].          (a-1)  The clerk of a justice court shall collect a fee in the   amount of $21 on the filing of any civil suit.          (c)  The comptroller shall allocate the fees received under   Subsection (a) [this section] to the following accounts and funds   so that each receives to the extent practicable, utilizing   historical data as applicable, the same amount of money the account   or fund would have received if the fees for the accounts and funds   had been collected and reported separately, except that the account   or fund may not receive less than the following percentages:                (1)  the judicial fund to be used for court-related   purposes for the support of the judiciary59.854 percent; [and]                (2)  the basic civil legal services account of the   judicial fund for use in programs approved by the supreme court that   provide basic civil legal services to an indigent14.5985 percent;                (3)  the statewide electronic filing system   fund21.8978 percent; and                (4)  the judicial and court personnel training   fund3.6497 percent.          (c-1)  The comptroller shall allocate the fees received   under Subsection (a-1) to the following accounts and funds so that   each receives to the extent practicable, utilizing historical data   as applicable, the same amount of money the account or fund would   have received if the fees for the accounts and funds had been   collected and reported separately, except that the account or fund   may not receive less than the following percentages:                (1)  the basic civil legal services account of the   judicial fund for use in programs approved by the supreme court that   provide basic civil legal services to an indigent 28.5714 percent;                (2)  the statewide electronic filing system fund   47.6191 percent; and                (3)  the judicial and court personnel training fund   23.8095 percent.          SECTION 1.04.  Subtitle C, Title 4, Local Government Code,   is amended by adding Chapter 135 to read as follows:   CHAPTER 135. CIVIL FEES PAYABLE TO LOCAL GOVERNMENT   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 135.001.  PURPOSE. The purpose of this chapter is to   consolidate and standardize collection of fees payable to a local   government in civil matters by:                (1)  an officer of a court for deposit in a county   treasury; or                (2)  an officer of a county for deposit in the county   treasury.          Sec. 135.002.  DEFINITIONS. In this chapter:                (1)  "Fee" means a civil fee listed under Section   135.003.                (2)  "Treasurer" means the custodian of money in a   municipal or county treasury, as appropriate.          Sec. 135.003.  CIVIL FEES. This chapter applies to the civil   fees imposed under Sections 135.101 and 135.102.   SUBCHAPTER B. COLLECTION AND REMITTANCE OF LOCAL CRIMINAL FEES          Sec. 135.051.  COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.   (a)  A court clerk shall collect and remit to the county or   municipal treasurer, as applicable, all fees in the manner provided   by this section.          (b)  An officer collecting a fee in a case in municipal court   shall remit the money to the municipal treasurer for deposit in the   municipal treasury.          (c)  An officer collecting a fee in a justice, county, or   district court shall remit the money to the county treasurer for   deposit in the county treasury.          (d)  A court clerk collecting a fee shall remit the money to   the municipal or county treasurer, as applicable, for deposit in   the municipal or county treasury, as appropriate.          Sec. 135.052.  ALLOCATION OF DEPOSITED FEES. (a)  Money   collected under Subchapter C as civil fees imposed on or after   January 1, 2020, shall be allocated according to the percentages   provided by Sections 135.101 and 135.102, as applicable.          (b)  Money collected under Subchapter C as civil fees before   January 1, 2020, shall be distributed using historical data so that   each account or fund receives the same amount of money the account   or fund would have received if the fee for the accounts and funds   had been collected and reported separately.   SUBCHAPTER C. LOCAL CIVIL FEES          Sec. 135.101.  LOCAL CONSOLIDATED CIVIL FEE FOR DISTRICT   COURT, STATUTORY COUNTY COURT, OR COUNTY COURT. (a)  A person   shall pay a local consolidated filing fee of $208 on filing of a   civil action in a district court, statutory county court, or county   court in addition to all other fee and court costs.          (b)  The treasurer shall allocate the fees received under   this section to the following accounts and funds so that each   receives to the extent practicable, utilizing historical data as   applicable, the same amount of money the account or fund would have   received if the fees for the accounts and funds had been collected   and reported separately, except that the account or fund may not   receive less than the following percentages:                (1)  the appellate judicial system fund2.4039 percent;                (2)  the court facility fee fund7.2115 percent;                (3)  the clerk of the court account24.0385 percent;                (4)  the county records management and preservation   account14.4231 percent;                (5)  the court reporter service fund12.0192 percent;                (6)  the county law library fund16.8269 percent;                (7)  the courthouse security fund9.6154 percent;                (8)  the language access fund1.4423 percent;                (9)  the county jury fund4.8077 percent; and                (10)  the county dispute resolution fund7.2115   percent.          (c)  If a county has not established an alternative dispute   resolution system under Chapter 152, Civil Practice and Remedies   Code, the money allocated under Subsection (b)(10) shall be   allocated to the statewide electronic filing system fund.          Sec. 135.102.  LOCAL CONSOLIDATED CIVIL FEE FOR JUSTICE   COURT. (a)  A person shall pay a local consolidated filing fee of   $33 on filing of a civil action in a justice court in addition to all   other fee and court costs.          (b)  The treasurer shall allocate the fees received under   this section to the following accounts and funds so that each   receives to the extent practicable, utilizing historical data as   applicable, the same amount of money the account or fund would have   received if the fees for the accounts and funds had been collected   and reported separately, except that the account or fund may not   receive less than the following percentages:                (1)  the justice court support fund75.7576 percent;                (2)  the county dispute resolution fund15.1515   percent; and                (3)  the language access fund9.0909 percent.          (c)  If a county has not established an alternative dispute   resolution system under Chapter 152, Civil Practice and Remedies   Code, the money allocated under Subsection (b)(2) shall be   allocated to the statewide electronic filing system fund.   SUBCHAPTER D. ALLOCATION AND USE OF CERTAIN CIVIL FEES          Sec. 135.151.  MAINTENANCE OF FUNDS AND ACCOUNTS. (a)  A   county treasurer shall maintain in the county treasury a fund or   account to which money is allocated under Section 135.101 or   135.102, to the extent that the fund or account is not required by   other law. Money in an account maintained under this section may be   used only for the purposes provided by this subchapter.          (b)  An account or fund maintained under this section in a   county treasury may be administered by or at the direction of the   county commissioners court.          Sec. 135.152.  COURT FACILITY FEE FUND. Money allocated   under Section 135.101 to the court facility fee fund maintained in   the county treasury as required by Section 135.151 may be used by a   county only to fund the construction, renovation, or improvement of   facilities that house the courts or to pay the principal of,   interest on, and costs of issuance of bonds, including refunding   bonds, issued for the construction, renovation, or improvement of   the facilities.          Sec. 135.153.  CLERK OF THE COURT ACCOUNT. Money allocated   under Section 135.101 to the clerk of the court account maintained   in the county treasury as required by Section 135.151 may be used by   a county only to defray costs of services provided by a county or   district clerk.          Sec. 135.154.  COUNTY RECORDS MANAGEMENT AND PRESERVATION   ACCOUNT. Money allocated under Section 135.101 to the county   records management and preservation account maintained in the   county treasury as required by Section 135.151 may be used by a   county only to fund records management and preservation services   performed by the court clerk.          Sec. 135.155.  LANGUAGE ACCESS FUND. Money allocated under   Section 135.101 or 135.102 to the language access fund maintained   in the county treasury as required by Section 135.151 may be used by   a county only to provide language access services for individuals   appearing before the court or receiving court services.          Sec. 135.156.  COUNTY JURY FUND. Money allocated under   Section 135.101 to the county jury fund maintained in the county   treasury as required by Section 135.151 may be used by a county only   to fund juror reimbursements and otherwise finance jury services.          Sec. 135.157.  COUNTY DISPUTE RESOLUTION FUND. (a)  Money   allocated under Section 135.101 or 135.102 to the county dispute   resolution fund maintained in the county treasury as required by   Section 135.151 may only be used by a county to establish and   maintain an alternative dispute resolution system in accordance   with Chapter 152, Civil Practice and Remedies Code.          (b)  If a county has not established an alternative dispute   resolution system under Chapter 152, Civil Practice and Remedies   Code, the money allocated under Subsection (a) shall be remitted to   the comptroller and the comptroller shall allocate the money   allocated to the statewide electronic filing system fund.          Sec. 135.158.  JUSTICE COURT SUPPORT FUND. Money allocated   under Section 135.102 to the justice court support fund maintained   in the county treasury as required by Section 135.151 may be used by   a county only to defray the costs of services provided by a justice   court.          SECTION 1.05.  The heading to Section 51.601, Government   Code, is amended to read as follows:          Sec. 51.601.  COURT REPORTER SERVICE FUND [FEE].   ARTICLE 2. GOVERNMENT CODE          SECTION 2.01.  Sections 22.2021(b) and (d), Government Code,   are amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of not more than $5 for each civil suit filed   in [county court, county court at law,] probate court[, or district   court] in the county.          (d)  The court costs fee shall be taxed, collected, and paid   as other court costs in a suit. The clerk of the court shall collect   the court costs fee set under this section and pay it to the county   officer who performs the county treasurer's functions. That   officer shall deposit the fee in a separate appellate judicial   [justice] system fund. The commissioners court shall administer   the fund to maintain the system in cooperation with the chief   justice of the courts of appeals. The fund may not be used for any   other purpose.          SECTION 2.02.  Section 22.2031(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of $5 for each civil suit filed in [county   court, statutory county court,] statutory probate court[, or   district court] in the county.          SECTION 2.03.  Section 22.2041(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of $5 for each civil suit filed in [county   court, county court at law,] probate court[, or district court] in   the county.          SECTION 2.04.  Section 22.2051(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of not more than $5 for each civil suit filed   in [county court, county court at law,] probate court[, or district   court] in the county.          SECTION 2.05.  Sections 22.2061(b) and (d), Government Code,   are amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of not more than $5 for each civil suit filed   in [county court, county court at law,] probate court[, or district   court] in the county.          (d)  The court costs fee shall be taxed, collected, and paid   as other court costs in a suit. The clerk of the court shall collect   the court costs fee set under this section and pay it to the county   officer who performs the county treasurer's functions. That   officer shall deposit the fee in a separate appellate judicial   [justice] system fund. The commissioners court shall administer   the fund to establish and maintain a fund system to assist the court   of appeals in the district. The fund may not be used for any other   purpose.          SECTION 2.06.  Section 22.2071(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of $5 for each civil suit filed in [county   court, statutory county court,] probate court[, or district court]   in the county.          SECTION 2.07.  Section 22.2081(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of $5 for each civil suit filed in a [county   court, statutory county court,] probate court[, or district court]   in the county.          SECTION 2.08.  Section 22.2091(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of $5 for each civil suit filed in a [county   court, statutory county court,] statutory probate court[, or   district court] in the county.          SECTION 2.09.  Section 22.2101(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court fee of $5 for each civil suit filed in [county court,   county court at law,] probate court[, or district court] in the   county.          SECTION 2.10.  Subchapter C, Chapter 22, Government Code, is   amended by adding Section 22.2111 to read as follows:          Sec. 22.2111.  APPELLATE JUDICIAL SYSTEM. (a) The   commissioners court of each county in the Tenth Court of Appeals   District, by order entered in its minutes, shall establish an   appellate judicial system to:                (1)  assist the court of appeals for the county in the   processing of appeals filed with the court of appeals from the   county court, county courts at law, probate courts, and district   courts; and                (2)  defray costs and expenses incurred by the county   under Section 22.211.          (b)  The commissioners court shall set a court costs fee of   not more than $5 for each civil suit filed in a probate court in the   county.          (c)  The court costs fee shall be taxed, collected, and paid   as other court costs in a suit. The clerk of the court shall collect   the court costs fee set under this section and pay it to the county   officer who performs the county treasurer's functions. That   officer shall deposit the fee in a separate appellate judicial   system fund. The commissioners court shall administer the fund to   establish and maintain a fund system to assist the court of appeals   in the district. The fund may not be used for any other purpose.          (d)  The commissioners court has the authority necessary to   assist the court of appeals in the administration of the system and   the system's judicial and staff education program, including the   authority to contract with any private nonprofit corporation,   public corporation, or combination of those corporations.          (e)  The commissioners court shall vest management of the   system in the chief justice of the court of appeals in the district.          SECTION 2.11.  Sections 22.2121(b) and (d), Government Code,   are amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of $5 for each civil suit filed in [county   court, statutory county court,] probate court[, or district court]   in the county.          (d)  The court costs fee shall be taxed, collected, and paid   as other court costs in a suit. The clerk of the court shall collect   the court costs fee set under this section and pay it to the county   officer who performs the county treasurer's functions. That   officer shall deposit the fee in a separate appellate judicial   [justice] system fund. The commissioners court shall establish and   maintain the fund to assist the court of appeals district. The fund   may not be used for any other purpose.          SECTION 2.12.  Section 22.2131(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of $5 for each civil suit filed in [county   court, statutory county court,] probate court[, or district court]   in the county.          SECTION 2.13.  Section 22.2141(b), Government Code, is   amended to read as follows:          (b)  The [To fund the system, the] commissioners court shall   set a court costs fee of not more than $5 for each civil suit filed   in a [county court, county court at law,] probate court[, or   district court] in the county.          SECTION 2.14.  Section 26.007(a), Government Code, is   amended to read as follows:          (a)  Beginning on the first day of the state fiscal year, the   state shall annually compensate each county [that collects the   additional fees under Section 51.703] in an amount equal to $5,000   if the county judge is entitled to an annual salary supplement from   the state under Section 26.006.          SECTION 2.15.  Section 26.008(a), Government Code, is   amended to read as follows:          (a)  At the end of each state fiscal year, the comptroller   shall determine the amounts deposited in the judicial fund under   Section 133.151, Local Government Code, [51.703] and the amounts   paid to the counties under Section 26.007. If the total amount paid   under Section 133.151, Local Government Code, [51.703 by all   counties that collect fees under that section] exceeds the total   amount paid to the counties under Section 26.007, the state shall   remit the excess to the counties that collect fees under Section   133.151, Local Government Code, [51.703] proportionately based on   the percentage of the total paid by each county.          SECTION 2.16.  Section 51.305, Government Code, is amended   to read as follows:          Sec. 51.305.  DISTRICT COURT RECORDS TECHNOLOGY ACCOUNT   [FUND]. (a) In this section:                (1)  "Court document" means any instrument, document,   paper, or other record that the district clerk is authorized to   accept for filing or maintenance.                (2)  "Deterioration" means any naturally occurring   process or a natural disaster that results in the destruction or   partial destruction of a court document.                (3)  "Preservation" means any process that:                      (A)  suspends or reduces the deterioration of a   court document; or                      (B)  provides public access to a court document in   a manner that reduces the risk of deterioration.                (4)  "Restoration" means any process that permits the   visual enhancement of a court document, including making the   document more legible.          (b)  The commissioners court of a county may, [adopt a   district court records archive fee of not more than $10 for the   filing of a suit, including an appeal from an inferior court, or a   cross-action, counterclaim, intervention, contempt action, motion   for new trial, or third-party petition, in any court in the county   for which the district clerk accepts filings 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 and must be   approved in a public meeting. The fee is] for preservation and   restoration services performed in connection with maintaining a   district court records archive,[.          [(c)  The county treasurer, or the official who discharges   the duties commonly delegated to the county treasurer, in a county   that adopts a fee under Subsection (b) shall] establish a district   court records technology account [fund] in the general fund of the   county [for deposit of fees paid under Section 51.317(f)].          (c) [(d)]  Subject to Subsection (e) [(f)], money deposited   into the account [generated from the fee imposed under this   section] may be expended only for the preservation and restoration   of the district court records archive.          (d) [(e)]  The district clerk shall designate the court   documents that are part of the records archive for purposes of this   section.  The designation of court documents by the district clerk   under this subsection is subject to approval by the commissioners   court in a public meeting.          (e) [(f)]  The district clerk in a county that establishes an   account [adopts a fee] under this section shall prepare an annual   written plan for the preservation and restoration of the district   court records archive. The plan may include a proposal for entering   into a contract with another person for preservation and   restoration services. The commissioners court shall publish notice   of a public hearing on the plan in a newspaper of general   circulation in the county not later than the 15th day before the   date of the hearing. After the public hearing, the plan shall be   considered for approval by the commissioners court. Money in the   district court records technology account [fund] may be expended   only as provided by the plan. All expenditures from the records   technology account [fund] must comply with Subchapter C, Chapter   262, Local Government Code.          (f)  [(g)  If a county imposes a fee under this section, a   notice shall be posted in a conspicuous place in the district   clerk's office.  The notice must state the amount of the fee in the   following form:  "THE COMMISSIONERS COURT OF _______________   (Insert name of county) COUNTY HAS DETERMINED THAT A RECORDS   ARCHIVE FEE OF $________ (Insert amount adopted by commissioners   court) IS NEEDED TO PRESERVE AND RESTORE DISTRICT COURT RECORDS."          [(h)]  Funds [Money] remaining [from the collection of fees   imposed under this section] after completion of a district court   records archive preservation and restoration project may be   expended for records management and preservation purposes [in the   manner provided by Section 51.317(d). The commissioners court of a   county may not impose a fee under this section after the district   court records archive preservation and restoration project is   complete].          SECTION 2.17.  Section 51.318(b), Government Code, is   amended to read as follows:          (b)  The fees are:                (1)  for issuing a subpoena, including one copy$8                (2)  for issuing a citation, commission for deposition,   writ of execution, order of sale, writ of execution and order of   sale, writ of injunction, writ of garnishment, writ of attachment,   or writ of sequestration [not provided for in Section 51.317, or any   other writ or process] not otherwise provided for, including one   copy if required by law$8                (3)  for searching files or records to locate a cause   when the docket number is not provided or [$5                [(4)  for searching files or records] to ascertain the   existence of an instrument or record in the district clerk's   office$5                (4) [(5)]  for abstracting a judgment$8                (5)  for preparation of the clerk's record on appeal,   for each page or part of a page$1                (6)  for approving a bond$5 [$4]                (7)  for a certified copy of a record, judgment, order,   pleading, or paper on file or of record in the district clerk's   office, printed on paper:                      (A)  including certificate and seal $5; and                      (B)  [,] for each page or part of a page [not to   exceed]$1                (8)  for a noncertified copy:                      (A)  printed on paper, for each page or part of a   page [not to exceed]$1;                      (B)  paper document converted to electronic   format, for each page or part of a page$1; or                      (C)  electronic copy of electronic document, the   greater of:                            (i)  $0.10 for each page or part of a page;   or                            (ii)  $1.          SECTION 2.18.  Section 51.704(i), Government Code, is   amended to read as follows:          (i)  A clerk may not collect a fee under this section [and   under Section 51.701 or 51.702].          SECTION 2.19.  The heading to Section 51.708, Government   Code, is amended to read as follows:          Sec. 51.708.  COURT RECORDS MANAGEMENT AND PRESERVATION   ACCOUNT [ADDITIONAL FILING FEE FOR CIVIL CASES IN CERTAIN COURTS].          SECTION 2.20.  Section 51.708(c), Government Code, is   amended to read as follows:          (c)  The [clerk at least monthly shall send the] fees   collected under Section 133.151, Local Government Code, and   deposited to the [this section to the county treasurer or to any   other official who discharges the duties commonly assigned to the   county treasurer. The treasurer or other official shall deposit   the fees in a] court record preservation account in the county   treasury[. The money in the account] may be used only to digitize   court records and preserve the records from natural disasters.          SECTION 2.21.  Section 51.851(b), Government Code, is   amended to read as follows:          (b)  In addition to other fees authorized or required by law,   the clerk of the supreme court, a court of appeals, [a district   court, a county court, a statutory county court,] or a statutory   probate court shall collect a $30 fee on the filing of any civil   action or proceeding requiring a filing fee, including an appeal,   and on the filing of any counterclaim, cross-action, intervention,   interpleader, or third-party action requiring a filing fee to be   used as provided by Section 51.852.          SECTION 2.22.  Section 411.0745(b), Government Code, is   amended to read as follows:          (b)  The petition must be accompanied by payment of a [$28   fee to the clerk of the court in addition to any other] fee that   generally applies to the filing of a civil petition.   ARTICLE 3. LOCAL GOVERNMENT CODE          SECTION 3.01.  Sections 118.011(a) and (f), Local Government   Code, are amended to read as follows:          (a)  A county clerk shall collect the following fees for   services rendered to any person:                (1)  Personal Property Records Filing (Sec. 118.012):                for the first page$ 5.00                for each additional page or part of a page on which   there are visible marks of any kind$ 4.00                (2)  Real Property Records Filing (Sec. 118.013):                for the first page$ 5.00                for each additional page or part of a page on which   there are visible marks of any kind$ 4.00                for all or part of each 8-1/2" X 14" attachment or   rider$ 4.00                for each name in excess of five names that has to be   indexed in all records in which the document must be indexed$ 0.25                (3)  Certified Papers (Sec. 118.014):                for the clerk's certificate$ 5.00                plus a fee for each page or part of a page$ 1.00                (4)  Noncertified Papers (Sec. 118.0145):                printed on paper, for each page or part of a page$ 1.00                paper converted to electronic format, for each page or   part of a page$ 1.00                for electronic copies, for each document up to 10 pages   in length$ 1.00                plus a fee for each page or part of a page over 10   pages$0.10                (5)  Birth or Death Certificate (Sec. 118.015) same as   state registrar                (6)  Bond Approval (Sec. 118.016)$ 3.00                (7)  Marriage License (Sec. 118.018)$60.00                (8)  Declaration of Informal Marriage (Sec.   118.019)$25.00                (9)  Brand Registration (Sec. 118.020)$ 5.00                (10)  Oath Administration (Sec. 118.021)$ 1.00          (f)  The county clerk of a county shall, if the commissioners   court of the county adopts the fee as part of the county's annual   budget, collect the following fee from any person:                [(1)]  Records Archive Fee (Sec. 118.025) . . . . . . .   not more than $10                [(2)  Records Technology and Infrastructure Fee (Sec.   118.026) . . . . . . . $2.00]          SECTION 3.02.  Section 118.052, Local Government Code, is   amended to read as follows:          Sec. 118.052.  FEE SCHEDULE.  Each clerk of a county court   shall collect the following fees for services rendered to any   person:                (1)  CIVIL COURT ACTIONS                      (A)  Filing of [Original Action (Sec. 118.053):                            [(i)]  Garnishment after judgment . . .   $15.00                            [(ii)  All others . . . $40.00]                      (B)  Filing of Action Other than Original (Sec.   118.054) . . . $30.00                      (C)  Services Rendered After Judgment in Original   Action (Sec. 118.0545):                            (i)  Abstract of judgment . . . $ 8.00   [5.00]                            (ii)  Preparation of the clerk's record for   appeal, per page or part of a page . . . $ 1.00                            (iii)  Execution, order of sale, writ, or   other process . . . $ 8.00 [5.00]                (2)  PROBATE COURT ACTIONS                      (A)  Probate Original Action (Sec. 118.055):                            (i)  Probate of a will with independent   executor, administration with will attached, administration of an   estate, guardianship or receivership of an estate, or muniment of   title . . . $40.00                            (ii)  Community survivors . . . $40.00                            (iii)  Small estates . . . $40.00                            (iv)  Declarations of heirship . . . $40.00                            (v)  Mental health or chemical dependency   services . . . $40.00                            (vi)  Additional, special fee (Sec. 118.064)   . . . $ 5.00                      (B)  Services in Pending Probate Action (Sec.   118.056):                            (i)  Filing an inventory and appraisement as   provided by Section 118.056(d) . . . $25.00                            (ii)  Approving and recording bond . . .   $ 5.00 [3.00]                            (iii)  Administering oath . . . $ 2.00                            (iv)  Filing annual or final account of   estate . . . $25.00                            (v)  Filing application for sale of real or   personal property . . . $25.00                            (vi)  Filing annual or final report of   guardian of a person . . . $10.00                            (vii)  Filing a document not listed under   this paragraph after the filing of an order approving the inventory   and appraisement or after the 120th day after the date of the   initial filing of the action, whichever occurs first, if more than   25 pages . . . $25.00                      (C)  Adverse Probate Action (Sec. 118.057) . . .   $40.00                      (D)  Claim Against Estate (Sec. 118.058) . . .   $10.00                      (E)  Supplemental Court-Initiated Guardianship   Fee in Probate Original Actions and Adverse Probate Actions (Sec.   118.067) . . . $20.00                      (F)  Supplemental Public Probate Administrator   Fee For Counties That Have Appointed a Public Probate Administrator   (Sec. 118.068) . . . $10.00                (3)  OTHER FEES                      (A)  Issuing Document (Sec. 118.059):          original document and one copy . . . $ 8.00 [4.00]          each additional set of an original and one copy . . . $ 8.00   [4.00]                      (B)  Certified Papers (Sec. 118.060):          for the clerk's certificate . . . $ 5.00          plus a fee per page or part of a page of . . . $ 1.00                      (C)  Noncertified Papers (Sec. 118.0605):          printed on paper, for each page or part of a page . . . $ 1.00          paper converted to electronic format, for each page or part   of a page . . . $ 1.00          electronic copies, for each document up to 10 pages in length   . . . $1.00          plus a fee for each page or part of a page over 10 pages . .   $0.10                      (D)  Letters Testamentary, Letter of   Guardianship, Letter of Administration, or Abstract of Judgment   (Sec. 118.061) . . . $ 2.00                      (E)  Deposit and Safekeeping of Wills (Sec.   118.062) . . . $ 5.00                      (F)  Mail Service of Process (Sec. 118.063) . . .   same as sheriff                      (G)  Searching files or records to locate a cause   when the docket number is not provided or to ascertain the existence   of an instrument or record in the district clerk's office [Records   Management and Preservation Fee] . . . $ 5.00                      [(H)  Records Technology and Infrastructure Fee   if authorized by the commissioners court of the county (Sec.   118.026) . . . $ 2.00]          SECTION 3.03.  Section 118.0545, Local Government Code, is   amended by adding Subsection (b-1) and amending Subsection (e) to   read as follows:          (b-1)  The fee for "Preparation of the clerk's record for   appeal" under Section 118.052(1) is for preparation of the clerk's   record for appeal.          (e)  In this section, "original action" includes an appeal   from a justice of the peace or a corporation court and a transfer of   an action from another jurisdiction [has the meaning assigned by   Section 118.053].          SECTION 3.04.  Section 118.0546, Local Government Code, is   amended to read as follows:          Sec. 118.0546.  RECORDS MANAGEMENT AND PRESERVATION ACCOUNT   [FEE--CIVIL CASES]. (a) The commissioners court of a county shall   establish an account in the general fund of the county [fee for   "Records Management and Preservation" under Section 118.052 is] for   the records management and preservation services performed by the   county as required by Chapter 203.          (b)  [The fee shall be assessed as cost and must be paid at   the time of filing any civil case or ancillary pleading thereto.          [(c)]  The account is [fee shall be placed in a special fund]   to be called the records management and preservation account   [fund].          (c) [(d)]  The account [fee] shall be used only for records   management and preservation purposes in the county. No expenditure   may be made from this fund without prior approval of the   commissioners court.          SECTION 3.05.  Section 118.059(c), Local Government Code, is   amended to read as follows:          (c)  In this section, "document" includes a subpoena,   citation, notice, commission to take depositions, execution,   order, writ, process, or other instrument or paper authorized or   required to be issued by the clerk.          SECTION 3.06.  Subchapter C, Chapter 118, Local Government   Code, is amended by adding Section 118.070 to read as follows:          Sec. 118.070.  FEE FOR SEARCH OF RECORDS. The clerk of a   county court shall collect a fee for searching files or records to   locate a cause when the docket number is not provided or to   ascertain the existence of an instrument or record in the district   clerk's office.          SECTION 3.07.  Section 118.121, Local Government Code, is   amended to read as follows:          Sec. 118.121.  FEE SCHEDULE. A justice of the peace shall   collect the following fees for services rendered [to any person:                [(1)  Services rendered before judgment (Sec.   118.122):                      [(A)  Justice court$25.00                      [(B)  Small claims court$25.00                [(2)  Services rendered] after judgment (Sec.   118.123):                (1) [(A)]  Transcript$10.00                (2) [(B)]  Abstract of judgment$5.00                (3) [(C)]  Execution, order of sale, writ of   restitution, or other writ or process$5.00 per page                            Certified copy of court papers$2.00 for   first page   $0.25 for each additional page                            Issuing other document                            (no return required)$1.00 for   first page   $0.25 for each additional page          SECTION 3.08.  Section 133.058(d), Local Government Code, is   amended to read as follows:          (d)  A county may not retain a service fee on the collection   of a fee or fine:                (1)  for the judicial fund;                (2)  under Article 42A.303 or 42A.653, Code of Criminal   Procedure; or                (3)  under Section 51.851, Government Code[; or                [(4)  under Section 51.971, Government Code].          SECTION 3.09.  Section 203.003, Local Government Code, is   amended to read as follows:          Sec. 203.003.  DUTIES OF COMMISSIONERS COURT.  The   commissioners court of each county shall:                (1)  promote and support the efficient and economical   management of records of all elective offices in the county to   enable elected county officers to conform to this subtitle and   rules adopted under it;                (2)  facilitate the creation and maintenance of records   containing adequate and proper documentation of the organization,   functions, policies, decisions, procedures, and essential   transactions of each elective office and designed to furnish the   information necessary to protect the legal and financial rights of   the local government, the state, and the persons affected by the   activities of the local government;                (3)  facilitate the identification and preservation of   the records of elective offices that are of permanent value;                (4)  facilitate the identification and protection of   the essential records of elective offices;                (5)  establish a county clerk records management and   preservation fund for fees subject to Section 118.0216 and approve   in advance any expenditures from the fund; and                (6)  establish a records management and preservation   account [fund] for the records management and preservation fees   authorized under Sections 118.052, 118.0546, and 118.0645, [and   Section 51.317, Government Code,] and approve in advance any   expenditures from the fund, which may be spent only for records   management preservation or automation purposes in the county.          SECTION 3.10.  Sections 323.023(a) and (b), Local Government   Code, are amended to read as follows:          (a)  The [A sum set by the] commissioners court [not to   exceed $35] shall establish a law library fund [be taxed,   collected, and paid as other costs in each civil case filed in a   county or district court, except suits for delinquent taxes]. The   county is not liable for the costs.          (b)  [The clerks of the respective courts shall collect the   costs and pay them to the county treasurer, or to any other official   who discharges the duties commonly delegated to the county   treasurer, for deposit in a fund to be known as the county law   library fund.] The fund may be used only for:                (1)  establishing the law library after the entry of   the order creating it;                (2)  purchasing or leasing library materials,   maintaining the library, or acquiring furniture, shelving, or   equipment for the library;                (3)  purchasing or leasing library materials or   acquiring library equipment, including computers, software, and   subscriptions to obtain access to electronic research networks for   use by judges in the county; or                (4)  establishing and maintaining a self-help center to   provide resources to county residents representing themselves in   legal matters.   ARTICLE 4.  OTHER CONFORMING AMENDMENTS          SECTION 4.01.  Section 12.005(a), Civil Practice and   Remedies Code, is amended to read as follows:          (a)  The fee for filing an action under this chapter is the   fee that generally applies to the filing of a civil petition [$15.     The plaintiff must pay the fee to the clerk of the court in which the   action is filed. Except as provided by Subsection (b), the   plaintiff may not be assessed any other fee, cost, charge, or   expense by the clerk of the court or other public official in   connection with the action].          SECTION 4.02.  Sections 152.004(a) and (c), Civil Practice   and Remedies Code, are amended to read as follows:          (a)  To establish and maintain an alternative dispute   resolution system, the commissioners court may establish a dispute   resolution fund [set a court cost in an amount not to exceed $15 to   be taxed, collected, and paid as other court costs in each civil   case filed in a county or district court in the county, including a   civil case relating to probate matters but not including:                [(1)  a suit for delinquent taxes;                [(2)  a condemnation proceeding under Chapter 21,   Property Code; or                [(3)  a proceeding under Subtitle C, Title 7, Health   and Safety Code].          (c)  [The clerks of the courts in the county shall collect   and pay the costs to the county treasurer or, if the county does not   have a treasurer, to the county officer who performs the functions   of the treasurer, who shall deposit the costs in a separate fund   known as the alternative dispute resolution system fund.] The fund   shall be administered by the commissioners court and may only be   used to establish and maintain the system. The system shall be   operated at one or more convenient and accessible places in the   county.          SECTION 4.03.  Section 6.410, Family Code, is amended to   read as follows:          Sec. 6.410.  REPORT TO ACCOMPANY PETITION. At the time a   petition for divorce or annulment of a marriage is filed, the   petitioner shall also file a completed report that may be used by   the district clerk, at the time the petition is granted[, to comply   with Section 194.002, Health and Safety Code].          SECTION 4.04.  Section 54.041(a), Family Code, is amended to   read as follows:          (a)  When a child has been found to have engaged in   delinquent conduct or conduct indicating a need for supervision and   the juvenile court has made a finding that the child is in need of   rehabilitation or that the protection of the public or the child   requires that disposition be made, the juvenile court, on notice by   any reasonable method to all persons affected, may:                (1)  order any person found by the juvenile court to   have, by a wilful act or omission, contributed to, caused, or   encouraged the child's delinquent conduct or conduct indicating a   need for supervision to do any act that the juvenile court   determines to be reasonable and necessary for the welfare of the   child or to refrain from doing any act that the juvenile court   determines to be injurious to the welfare of the child;                (2)  enjoin all contact between the child and a person   who is found to be a contributing cause of the child's delinquent   conduct or conduct indicating a need for supervision; or                (3)  after notice and a hearing of all persons affected   order any person living in the same household with the child to   participate in social or psychological counseling to assist in the   rehabilitation of the child and to strengthen the child's family   environment[; or                [(4)  after notice and a hearing of all persons   affected order the child's parent or other person responsible for   the child's support to pay all or part of the reasonable costs of   treatment programs in which the child is required to participate   during the period of probation if the court finds the child's parent   or person responsible for the child's support is able to pay the   costs].          SECTION 4.05.  Section 61.002(a), Family Code, is amended to   read as follows:          (a)  Except as provided by Subsection (b), this chapter   applies to a proceeding to enter a juvenile court order:                (1)  for payment of probation fees under Section   54.061;                (2)  for restitution under Sections 54.041(b) and   54.048;                (3)  [for payment of graffiti eradication fees under   Section 54.0461;                [(4)]  for community service under Section 54.044(b);                (4)  [(5)  for payment of costs of court under Section   54.0411 or other provisions of law;                [(6)]  requiring the person to refrain from doing any   act injurious to the welfare of the child under Section   54.041(a)(1);                (5) [(7)]  enjoining contact between the person and the   child who is the subject of a proceeding under Section   54.041(a)(2);                (6) [(8)]  ordering a person living in the same   household with the child to participate in counseling under Section   54.041(a)(3);                (7) [(9)]  requiring a parent or other eligible person   to pay reasonable attorney's fees for representing the child under   Section 51.10(e);                (8) [(10)]  requiring the parent or other eligible   person to reimburse the county for payments the county has made to   an attorney appointed to represent the child under Section   51.10(j);                (9) [(11)]  requiring payment of deferred prosecution   supervision fees under Section 53.03(d);                (10) [(12)]  requiring a parent or other eligible   person to attend a court hearing under Section 51.115;                (11) [(13)]  requiring a parent or other eligible   person to act or refrain from acting to aid the child in complying   with conditions of release from detention under Section 54.01(r);                (12) [(14)]  requiring a parent or other eligible   person to act or refrain from acting under any law imposing an   obligation of action or omission on a parent or other eligible   person because of the parent's or person's relation to the child who   is the subject of a proceeding under this title;                [(15)  for payment of fees under Section 54.0462;] or                (13) [(16)]  for payment of the cost of attending an   educational program under Section 54.0404.          SECTION 4.06.  Section 231.202, Family Code, is amended to   read as follows:          Sec. 231.202.  AUTHORIZED COSTS AND FEES IN TITLE IV-D   CASES.  In a Title IV-D case filed under this title, including a   case filed under Chapter 159, the Title IV-D agency shall pay only   the following costs and fees:                (1)  filing fees and fees for issuance and service of   process as provided by Chapter 110 of this code and by Sections   [51.317(b)(1), (2), and (3) and (b-1),] 51.318(b)(2)[,] and   51.319(2), Government Code;                (2)  fees for transfer as provided by Chapter 110;                (3)  fees for the issuance and delivery of orders and   writs of income withholding in the amounts provided by Chapter 110;                (4)  the fee for services provided by sheriffs and   constables, including:                      (A)  a fee authorized under Section 118.131, Local   Government Code, for serving each item of process to each   individual on whom service is required, including service by   certified or registered mail; and                      (B)  a fee authorized under Section 157.103(b) for   serving a capias;                (5)  the fee for filing an administrative writ of   withholding under Section 158.503(d);                (6)  the fee for issuance of a subpoena as provided by   Section 51.318(b)(1), Government Code; and                (7)  a fee authorized by Section 72.031, Government   Code, for the electronic filing of documents with a clerk.          SECTION 4.07.  Section 40.062, Human Resources Code, is   amended to read as follows:          Sec. 40.062.  EXEMPTION FROM CERTAIN COSTS AND FEES.  The   department is not required to pay any cost or fee otherwise imposed   for court proceedings or other services, including a:                (1)  filing fee or fee for issuance or service of   process imposed by Section 110.002, Family Code, or by Section   [51.317, 51.318(b)(2), or] 51.319, Government Code;                (2)  transfer fee imposed by Section 110.002 or   110.005, Family Code;                (3)  [court reporter fee imposed by Section 51.601,   Government Code;                [(4)  judicial fund fee imposed by Section 51.702,   Government Code;                [(5)]  judge's fee imposed by Section 25.0008 or   25.0029, Government Code;                (4) [(6)]  cost or security fee imposed by Section   53.051, 53.052, 1053.051, or 1053.052, Estates Code; or                (5) [(7)]  fee imposed by a county officer under   Section 118.011 or 118.052, Local Government Code.          SECTION 4.08.  Section 161.107(b), Human Resources Code, is   amended to read as follows:          (b)  The department is not required to pay any cost or fee   otherwise imposed for court proceedings or other services,   including:                (1)  a filing fee or fee for issuance of service of   process imposed by Section [51.317, 51.318(b)(2), or] 51.319,   Government Code;                (2)  [a court reporter service fee imposed by Section   51.601, Government Code;                [(3)  a judicial fund fee imposed by Section 51.702,   Government Code;                [(4)]  a judge's fee imposed by Section 25.0008 or   25.0029, Government Code;                (3) [(5)]  a cost or security fee imposed by Section   53.051, 53.052, 1053.051, or 1053.052, Estates Code; or                (4) [(6)]  a fee imposed by a county officer under   Section 118.011 or 118.052, Local Government Code.          SECTION 4.09.  Section 21.013(c), Property Code, is amended   to read as follows:          (c)  A party initiating a condemnation proceeding in a county   in which there is not a county court at law must file the   condemnation petition with the district clerk. The filing fee   shall be due at the time of filing [in accordance with Section   51.317, Government Code].   ARTICLE 5. REPEALERS          SECTION 5.01.  (a)  The following provisions of the Civil   Practice and Remedies Code are repealed:                (1)  Sections 12.005(b) and (d);                (2)  Sections 21.051 and 126.012;                (3)  Section 152.004(b); and                (4)  Section 152.005.          (b)  The following provisions of the Family Code are   repealed:                (1)  Sections 54.032(e), (g), and (h);                (2)  Sections 54.0325(g) and (h);                (3)  Section 54.0411;                (4)  Sections 54.0461 and 54.0462;                (5)  Section 54.047(f);                (6)  Section 54.06(a); and                (7)  Section 108.006.          (c)  The following provisions of the Government Code are   repealed:                (1)  Sections 22.2021(c), 22.2031(c), 22.2041(c),   22.2051(c), 22.2061(c), 22.2071(c), 22.2081(c), 22.2091(c),   22.2101(c), 22.2121(c), 22.2131(c), and 22.2141(c);                (2)  Section 25.0172(u);                (3)  Section 25.0862(i);                (4)  Sections 25.1102 and 25.1572;                (5)  Section 25.1862(l);                (6)  Section 25.2702;                (7)  Section 51.302(e);                (8)  Section 51.317;                (9)  Sections 51.601(a), (a-1), and (b);                (10)  Section 51.604;                (11)  Sections 51.702, 51.703, 51.705, 51.706, and   51.707;                (12)  Sections 51.708(a) and (b);                (13)  Sections 51.709, 51.710, 51.711, and 51.713;                (14)  Sections 51.851(c) and (g);                (15)  Subchapter M, Chapter 51;                (16)  Subchapter N, Chapter 51;                (17)  Section 54A.110; and                (18)  Section 411.077.          (d)  Subtitle I, Title 2, Government Code, is repealed as   duplicative of the substantive provisions referenced in the   subtitle.          (e)  Section 194.002, Health and Safety Code, is repealed.          (f)  The following provisions of the Human Resources Code are   repealed:                (1)  Section 152.0492;                (2)  Sections 152.1074(f) and (g);                (3)  Section 152.1322;                (4)  Sections 152.1752(b), (c), and (d);                (5)  Sections 152.1844(a) and (e);                (6)  Sections 152.1873(a), (b), (c), and (e); and                (7)  Sections 152.1874, 152.2183, and 152.2496.          (g)  The following provisions of the Local Government Code   are repealed:                (1)  Sections 82.003, 118.026, 118.053, and 118.069;                (2)  Section 118.101(14);                (3)  Sections 118.102 and 118.122; and                (4)  Sections 291.008 and 291.009.          (h)  Section 2308.457, Occupations Code, is repealed.          (i)  Section 21.047(c), Property Code, is repealed.          (j)  Section 372.107(c), Transportation Code, is repealed.          (k)  Article 7818, Revised Civil Statutes, is repealed.   ARTICLE 6. EFFECTIVE DATE          SECTION 6.01.  This Act takes effect September 1, 2021.     * * * * *