By: Zaffirini, et al. S.B. No. 41     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;                (3) [(7)]  fees collected under Section 118.015;                (4) [(8)]  marriage license fees for the family trust   fund collected under Section 118.018; and                (5) [(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.  Section 133.151, Local Government Code, is   amended to read as follows:          Sec. 133.151.  STATE CONSOLIDATED CIVIL FEE ON FILING A   CIVIL CASE [SUIT IN DISTRICT COURT]. (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:                (1)  a fee in the amount of $137 [the following fees] on   the filing of any civil case; and                (2)  a fee in the amount of $45 on any subsequent   filing, including an appeal and any counterclaim, cross-action,   intervention, contempt action, interpleader, motion for new trial,   or third-party action [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 case and on any subsequent   filing, including an appeal and any counterclaim, cross-action,   intervention, contempt action, interpleader, motion for new trial,   or third-party action.          (b)  The fees under this section [Subsection (a)] shall be   collected and remitted to the comptroller either:                (1)  directly for fees paid using the electronic filing   system established under Section 72.031, Government Code; or                (2)  in the manner provided by Subchapter B for fees   paid to an officer of a court.          (c)  The comptroller shall allocate the fees received under   Subsection (a)(1) [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.          (d)  The comptroller shall allocate the fees received under   Subsection (a)(2) 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 legal services to an indigent22.2222 percent;                (2)  the statewide electronic filing system   fund66.6667 percent; and                (3)  the judicial and court personnel training   fund11.1111 percent.          (e)  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 indigent28.5714 percent;                (2)  the statewide electronic filing system   fund47.6191 percent; and                (3)  the judicial and court personnel training   fund23.8095 percent.          SECTION 1.03.  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 cases 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)  "County treasurer" means the custodian of money in   a county treasury.          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 CIVIL FEES          Sec. 135.051.  COLLECTION, REMITTANCE, AND DEPOSIT OF FEES.   (a) A court clerk shall collect and remit to the county treasurer   all fees in the manner provided by this section.          (b)  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.          (c)  A court clerk collecting a fee shall remit the money to   the county treasurer for deposit in the county treasury.          Sec. 135.052.  ALLOCATION OF DEPOSITED FEES. (a) Money   collected under Subchapter C as civil fees imposed on or after   January 1, 2022, 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, 2022, shall be distributed utilizing 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. This subsection   expires September 1, 2025.   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 in a district court, statutory county court, or county court in   addition to all other fee and court costs a local consolidated   filing fee of:                (1)  $213 on filing any civil case; and                (2)  $35 on any subsequent filing, including an appeal   and any counterclaim, cross-action, intervention, contempt action,   interpleader, motion for new trial, or third-party action.          (b)  The treasurer 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 appellate judicial system fund 2.3474   percent;                (2)  the court facility fee fund 9.3897 percent;                (3)  the clerk of the court account 23.4742 percent;                (4)  the county records management and preservation   account 14.0845 percent;                (5)  the court reporter service fund 11.7371 percent;                (6)  the county law library fund 16.4319 percent;                (7)  the courthouse security fund 9.3897 percent;                (8)  the language access fund 1.4085 percent;                (9)  the county jury fund 4.6948 percent; and                (10)  the county dispute resolution fund 7.0423   percent.          (c)  The treasurer shall allocate the fees received under   Subsection (a)(2) 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 clerk of the court account42.8571 percent; and                (2)  the county records management and preservation   account57.1429 percent.          Sec. 135.102.  LOCAL CONSOLIDATED CIVIL FEE FOR JUSTICE   COURT. (a) In addition to all other fee and court costs, a person   shall pay a local consolidated filing fee of $33 on filing of any   civil case in a justice court and on any subsequent filing,   including an appeal and any counterclaim, cross-action,   intervention, contempt action, interpleader, motion for new trial,   or third-party action.          (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.   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,   including automation, performed by the court clerk on approval by   the commissioners court of a budget as provided by Chapter 111. An   expenditure from the fund must comply with Subchapter C, Chapter   262.          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 be used by a county only to establish and   maintain an alternative dispute resolution system in accordance   with Chapter 152, Civil Practice and Remedies Code. The fund shall   be administered by the commissioners court and may be used by the   county only to establish and maintain the system. The system shall   be operated at one or more convenient and accessible places in the   county.          (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 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 1.04.  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.  Subchapter C, Chapter 22, Government Code, is   amended by adding Section 22.229 to read as follows:          Sec. 22.229.  APPELLATE JUDICIAL SYSTEM FUND. (a) An   appellate judicial system fund is established for each court of   appeals to:                (1)  assist the court of appeals in the processing of   appeals filed with the court of appeals from the county courts,   statutory county courts, statutory probate courts, and district   courts in the counties the court of appeals serves; and                (2)  defray costs and expenses incurred in the   operation of the court of appeals.          (b)  To fund the appellate judicial system:                (1)  each county treasurer shall allocate to the fund   the portion of the local consolidated filing fee set by Section   135.101(b)(1), Local Government Code; and                (2)  the clerk of each statutory probate court in the   county shall collect a $5 fee in each civil case filed in the court.          (c)  The fee required under Subsection (b)(2) shall be taxed,   collected, and paid as other court costs in a suit. The clerk of the   court shall collect the fee and pay it to the county treasurer.          (d)  The county treasurer shall monthly forward the money   collected under this section to the clerk of the court of appeals   serving the county for deposit in the appellate judicial system   fund.  The court of appeals may spend money in the fund for the   purposes described by Subsection (a).  Money in the fund may not be   used for any other purpose.          (e)  The chief justice of each court of appeals is   responsible for the management of all money deposited in the   appellate judicial system fund for the chief justice's court of   appeals.          SECTION 2.02.  Section 25.0172(u), Government Code, is   amended to read as follows:          (u)  The official court reporter of a county court at law is   entitled to receive an annual salary set by the judge and approved   by the commissioners court at an amount not less than $35,256.  [The   official court reporter's fee shall be taxed as costs in civil   actions in County Courts at Law Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,   13, 14, and 15 in the same manner as that fee is taxed in district   court.  In County Court at Law No. 2, the clerk collects the   official court reporters' fee of $3 and pays it into the county   treasury in the same manner as district clerks are required to   collect and pay costs.]          SECTION 2.03.  Section 25.1102(f), Government Code, is   amended to read as follows:          (f)  The official court reporter of a county court at law is   entitled to receive a salary set by the judge of the county court at   law as provided by law for district court reporters. The salary   shall be paid monthly by the commissioners court out of funds   available for that purpose. [The clerk of the court shall tax as   costs in each civil, criminal, or probate case in which a record, or   any part of a record, is made of the evidence a stenographer's fee   of $20.  The clerk collects the fees and pays them in to the county's   general fund.]          SECTION 2.04.  Section 25.1572(h), Government Code, is   amended to read as follows:          (h)  An official court reporter is not required to take   testimony in a case unless the judge or a party demands that   testimony be taken.  [In civil and probate cases in which the court   reporter is required to take testimony, the clerk shall assess a $3   fee as costs in the case.  The clerk shall collect the fee and   deposit it in the county treasury.]  The court reporter shall be   available for matters being considered in the county court if the   parties before the court request a court reporter and the request is   approved by the judge of a county court at law.          SECTION 2.05.  Section 25.2702(d), Government Code, is   amended to read as follows:          (d)  The judge of the county court at law shall appoint an   official court reporter. The judge may appoint a court   administrator to aid the judge in the performance of the judge's   duties. The official court reporter and the court administrator of   the county court at law are entitled to receive a salary set by the   commissioners courts in the counties the reporter or administrator   serves to be paid out of the county treasuries, either by salary or   by contract as set by the commissioners courts. [The clerk of the   court shall tax as costs, in each civil and probate case in which a   record of any part of the evidence in the case is made by the   reporter, a stenographer's fee of $25. The fee shall be paid in the   same manner as other costs in the case. The clerk collects the fee   and pays it into the general funds of the counties.]          SECTION 2.06.  Section 51.207(g), Government Code, is   amended to read as follows:          (g)  The [One-half of the] fees collected under this section   shall be deposited to the credit of the judicial fund.          SECTION 2.07.  Section 51.302(e), Government Code, is   amended to read as follows:          (e)  The commissioners court may establish a contingency   fund to provide the coverage required by Subsection (c) or (d) if it   is determined by the district clerk that insurance coverage is   unavailable at a reasonable cost. [The commissioners court may set   an additional filing fee in an amount not to exceed $5 for each suit   filed to be collected by the district clerk. The fee shall be paid   into the fund. When the contingency fund reaches an amount equal to   that required by Subsection (c) or (d), the clerk shall stop   collecting the additional fee.]          SECTION 2.08.  Sections 51.318(a) and (b), Government Code,   are amended to read as follows:          (a)  The [In addition to a fee under Section 51.317 the]   district clerk shall collect at the time the service is performed or   at the time the service is requested the fees provided by Subsection   (b) for services performed by the clerk.          (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)  that is a paper document converted to   electronic format, for each page or part of a page$1; or                      (C)  that is an electronic copy of an electronic   document:                            (i)  for each document up to 10 pages in   length$1; and                            (ii)  for each page or part of a page over 10   pages$0.10.          SECTION 2.09.  Sections 51.851(b) and (g), Government Code,   are 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.          (g)  The clerk of [a district court, a county court, a   statutory county court,] a statutory probate court[, or a justice   court] shall deposit the fees collected under this section in the   appropriate local treasury and remit the fees to the comptroller in   the manner provided by Subchapter B, Chapter 133, Local Government   Code.          SECTION 2.10.  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 case [petition].          SECTION 2.11.  The heading to Section 411.077, Government   Code, is amended to read as follows:          Sec. 411.077.  [DISPOSITION OF FEE;] DEPARTMENT OF PUBLIC   SAFETY REPORT.   ARTICLE 3. LOCAL GOVERNMENT CODE          SECTION 3.01.  Section 82.003(c), Local Government Code, is   amended to read as follows:          (c)  The commissioners court may establish a contingency   fund to provide the coverage required by this section if it is   determined by the county clerk that insurance coverage is   unavailable at a reasonable cost. [The commissioners court may set   an additional filing fee in an amount not to exceed $5 for each suit   filed to be collected by the county clerk. The fee shall be paid   into the fund. When the contingency fund reaches an amount equal to   that required by this section, the clerk shall stop collecting the   additional fee.]          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 copy of an electronic document:                            (i)  for each document up to 10 pages in   length . . . $ 1.00; and                            (ii)  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 county 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 118.055(a), Local Government Code, is   amended to read as follows:          (a)  The fee for "Probate Original Action" under Section   118.052(2)(A) is for all clerical duties in connection with an   original action in a statutory probate 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 county   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 133.051, Local Government Code, is   amended to read as follows:          Sec. 133.051.  COLLECTION AND REMITTANCE OF FEES. (a)     Subject to Subsection (b), a [A] municipality or county shall   collect, record, account for, and remit to the comptroller all fees   in the manner provided by this subchapter.          (b)  Fees paid under Section 133.151, 135.101, or 135.102   using the electronic filing system established under Section   72.031, Government Code, shall be remitted directly to the   comptroller for disbursement and deposit as provided by those   sections.          (c)  Each day funds are remitted to the comptroller, the   Office of Court Administration of the Texas Judicial System shall   submit to the comptroller a report of the fees remitted as described   by Subsection (b).          SECTION 3.09.  Section 133.055(a), Local Government Code, is   amended to read as follows:          (a)  For fees paid to an officer of a court and not using the   electronic filing system established under Section 72.031,   Government Code, on [On] or before the last day of the month   following each calendar quarter, the treasurer shall:                (1)  remit to the comptroller the money from all fees   collected during the preceding quarter, except as provided by   Section 133.058; and                (2)  submit to the comptroller the report required   under Section 133.056 for criminal fees and Section 133.057 for   civil fees.          SECTION 3.10.  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;                (3)  under Section 51.851, Government Code; or                (4)  for any state consolidated filing fee under   Section 133.151 [51.971, Government Code].          SECTION 3.11.  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   135.101, [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 3.12.  The heading to Section 291.008, Local   Government Code, is amended to read as follows:          Sec. 291.008.  DOCUMENT FILING FEE [FOR SECURITY].          SECTION 3.13.  Section 291.008(d), Local Government Code, is   amended to read as follows:          (d)  The [If a commissioners court sets a security fee under   Subsection (a) of this section, the] county and district clerks   shall collect a fee of $1 for filing any document not subject to a   filing fee under Section 118.052(2) or 135.101 [the security fee].   The county is not liable for the costs. The county or district   clerk, as appropriate, shall collect this fee.          SECTION 3.14.  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 county 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 case [$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.  Article 102.017(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  The courthouse security fund is a fund in the county   treasury, and the municipal court building security fund is a fund   in the municipal treasury. The funds consist of money allocated to   the funds under Sections 134.101, 134.102, [and] 134.103, and   135.101, Local Government Code.          SECTION 4.03.  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 4.04.  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 4.05.  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); and                (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 4.06.  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 4.07.  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 4.08.  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; and                (3)  Sections 152.004 and 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)  Sections 108.006(b) and (c).          (c)  The following provisions of the Government Code are   repealed:                (1)  Sections 22.2021, 22.2031, 22.2041, 22.2051,   22.2061, 22.2071, 22.2081, 22.2091, 22.2101, 22.2121, 22.2131, and   22.2141;                (2)  Section 25.0862(i);                (3)  Section 25.1862(l);                (4)  Sections 26.007 and 26.008;                (5)  Section 51.305;                (6)  Section 51.317;                (7)  Sections 51.601(a), (a-1), (b), and (e);                (8)  Section 51.604;                (9)  Sections 51.702 and 51.703;                (10)  Section 51.704(i);                (11)  Sections 51.705, 51.706, 51.707, and 51.708;                (12)  Sections 51.709, 51.710, 51.711, and 51.713;                (13)  Section 51.851(c);                (14)  Subchapter M, Chapter 51;                (15)  Subchapter N, Chapter 51;                (16)  Section 54A.110(d); and                (17)  Section 411.077(a).          (d)  Subtitle I, Title 2, Government Code, is repealed as   duplicative of the substantive provisions referenced in the   subtitle.          (e)  Section 194.002(e), 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), (d), and (e);                (5)  Section 152.1844; and                (6)  Sections 152.1873, 152.1874, 152.2183, and   152.2496.          (g)  The following provisions of the Local Government Code   are repealed:                (1)  Sections 118.053 and 118.069;                (2)  Sections 118.054, 118.0546, and 118.122;                (3)  Section 133.058(c);                (4)  Sections 133.152, 133.153, and 133.154;                (5)  Sections 291.008(a), (b), (c), and (e); and                (6)  Section 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, Vernon's Texas Civil Statutes, is   repealed.   ARTICLE 6. EFFECTIVE DATE          SECTION 6.01.  This Act takes effect September 1, 2021.