CHAPTER 101. FILING FEES AND OTHER FEES AND COSTS IN CIVIL PROCEEDINGS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE I. COURT FEES AND COSTS
CHAPTER 101. FILING FEES AND OTHER FEES AND COSTS IN CIVIL
PROCEEDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 101.001. APPLICABILITY OF OTHER LAW. (a) To the extent of
any conflict between the provisions of this chapter and another
state statute, the other statute prevails.
(b) The organizational structure of this subtitle and the
statutory placement of a court fee or cost within that
organizational structure does not:
(1) affect a duty imposed on or the authority granted to a judge
or clerk of a court by any other state statute with respect to
the imposition, assessment, or collection of the fee or cost; or
(2) impose a duty on or grant authority to a judge or clerk of a
court not otherwise imposed or granted by other law with respect
to the imposition, assessment, or collection of the fee or cost.
Added by Acts 2003, 78th Leg., ch. 1278, Sec. 1, eff. June 21,
2003.
SUBCHAPTER B. SUPREME COURT
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT CODE.
The clerk of the supreme court shall collect fees and costs as
follows:
(1) application for writ of error (Sec. 51.005, Government Code)
. . . $50;
(2) additional fee if application for writ of error is granted
(Sec. 51.005, Government Code) . . . $75;
(3) motion for leave to file petition for writ of mandamus,
prohibition, injunction, and other similar proceedings
originating in the supreme court (Sec. 51.005, Government Code) .
. . $50;
(4) additional fee if a motion under Subdivision (3) is granted
(Sec. 51.005, Government Code) . . . $75;
(5) certified question from a court of appeals to the supreme
court (Sec. 51.005, Government Code) . . . $75;
(6) case appealed to the supreme court from the district court
by direct appeal (Sec. 51.005, Government Code) . . . $100;
(7) any other proceeding filed in the supreme court (Sec.
51.005, Government Code) . . . $75;
(8) administering an oath and giving a sealed certificate of the
oath (Sec. 51.005, Government Code) . . . $5;
(9) making certain copies, including certificate and seal (Sec.
51.005, Government Code) . . . $5, or $0.50 per page if more than
10 pages;
(10) any official service performed by the clerk for which a fee
is not otherwise provided (Sec. 51.005, Government Code) . . .
reasonable amount set by order or rule of supreme court;
(10-a) supreme court support account filing fee (Sec. 51.0051,
Government Code) . . . amount set by the supreme court, not to
exceed $50;
(11) issuance of attorney's license or certificate (Sec. 51.006,
Government Code) . . . $10; and
(12) additional filing fee to fund civil legal services for the
indigent (Sec. 51.941, Government Code) . . . $25.
Added by Acts 2003, 78th Leg., ch. 1278, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.101(a), eff. September 1, 2009.
SUBCHAPTER C. COURTS OF APPEALS
Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT CODE.
The clerk of a court of appeals shall collect fees and costs as
follows:
(1) for cases appealed to and filed in the court of appeals from
the district and county courts within its court of appeals
district (Sec. 51.207, Government Code) . . . $100;
(2) motion for leave to file petition for writ of mandamus,
prohibition, injunction, and other similar proceedings
originating in the court of appeals (Sec. 51.207, Government
Code) . . . $50;
(3) additional fee if the motion under Subdivision (2) is
granted (Sec. 51.207, Government Code) . . . $75;
(4) motion to file or to extend time to file record on appeal
from district or county court (Sec. 51.207, Government Code) . .
. $10;
(5) administering an oath and giving a sealed certificate of
oath (Sec. 51.207, Government Code) . . . $5;
(6) certified copy of papers of record in court offices,
including certificate and seal (Sec. 51.207, Government Code) . .
. $5, or $1 per page if more than five pages;
(7) comparing any document with the original filed in the
offices of the court for purposes of certification (Sec. 51.207,
Government Code) . . . $5, or $1 per page if more than five
pages;
(8) any official service performed by the clerk for which a fee
is not otherwise provided (Sec. 51.207, Government Code) . . . a
reasonable fee set by the order or rule of the supreme court;
(8-a) supreme court support account filing fee (Sec. 51.208,
Government Code) . . . amount set by the supreme court, not to
exceed $50; and
(9) additional filing fee to fund civil legal services for the
indigent (Sec. 51.941, Government Code) . . . $25.
Added by Acts 2003, 78th Leg., ch. 1278, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.102(a), eff. September 1, 2009.
SUBCHAPTER D. DISTRICT COURTS
Sec. 101.061. DISTRICT COURT FEES AND COSTS: CIVIL PRACTICE AND
REMEDIES CODE. The clerk of a district court shall collect fees
and costs under the Civil Practice and Remedies Code as follows:
(1) filing fee in action with respect to a fraudulent court
record or fraudulent lien or claim filed against property (Sec.
12.005, Civil Practice and Remedies Code) . . . $15;
(2) fee for service of notice of action with respect to a
fraudulent court record or fraudulent lien or claim filed against
property (Sec. 12.005, Civil Practice and Remedies Code) . . .
not to exceed $20, if notice delivered in person, or the cost of
postage, if service is by registered or certified mail;
(3) court cost in certain civil cases to establish and maintain
an alternative dispute resolution system, if authorized by the
county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $15;
(4) court fees and costs, if ordered by the court, for a suit
filed by an inmate in which an affidavit or unsworn declaration
of inability to pay costs is filed by the inmate (Sec. 14.006,
Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months' deposits to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs;
(5) monthly payment for remaining court fees and costs after the
initial payment for a suit in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the inmate's trust
account administered by the Texas Department of Criminal Justice
under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that remain unpaid;
and
(6) the following costs not otherwise charged to the inmate
under Section 14.006, Civil Practice and Remedies Code, if the
inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care incurred in
connection with the appearance of the inmate in the court for any
proceeding.
Added by Acts 2003, 78th Leg., ch. 1278, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 1.67, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
296, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT CODE.
The clerk of a district court shall collect fees and costs under
the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District (Sec. 22.2021,
Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec. 22.2031, Government
Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec. 22.2041, Government
Code) . . . $5;
(D) Fourth Court of Appeals District (Sec. 22.2051, Government
Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec. 22.2061, Government
Code) . . . not more than $5;
(F) Ninth Court of Appeals District (Sec. 22.2101, Government
Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec. 22.2121, Government
Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec. 22.2141,
Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County Court at
Law (Sec. 25.2012, Government Code) . . . civil fees and court
costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency fund, if
authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County civil court
facilities, if authorized by the county commissioners court (Sec.
51.705, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court facilities, if
authorized by the county commissioners court (Sec. 51.707,
Government Code) . . . not more than $15;
(4) for filing a suit, including an appeal from an inferior
court:
(A) for a suit with 10 or fewer plaintiffs (Sec. 51.317,
Government Code) . . . $50;
(B) for a suit with at least 11 but not more than 25 plaintiffs
(Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than 100
plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than 500
plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than 1,000
plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs (Sec. 51.317,
Government Code) . . . $200;
(5) for filing a cross-action, counterclaim, intervention,
contempt action, motion for new trial, or third-party petition
(Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . .
. $8;
(7) for records management and preservation (Sec. 51.317,
Government Code) . . . $10;
(8) for issuing a subpoena, including one copy (Sec. 51.318,
Government Code) . . . $8;
(9) 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 (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause when the
docket number is not provided (Sec. 51.318, Government Code) . .
. $5;
(11) for searching files or records to ascertain the existence
of an instrument or record in the district clerk's office (Sec.
51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318, Government Code) .
. . $8;
(13) for approving a bond (Sec. 51.318, Government Code) . . .
$4;
(14) for a certified copy of a record, judgment, order,
pleading, or paper on file or of record in the district clerk's
office, including certificate and seal, for each page or part of
a page (Sec. 51.318, Government Code) . . . $1;
(15) for a noncertified copy, for each page or part of a page
(Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a deceased person
(Sec. 51.319, Government Code) . . . the same fee allowed the
county clerk for those services;
(B) related to the matter of a minor (Sec. 51.319, Government
Code) . . . the same fee allowed the county clerk for the
service;
(C) of serving process by certified or registered mail (Sec.
51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which no fee is set
(Sec. 51.319, Government Code) . . . a reasonable fee;
(17) jury fee (Sec. 51.604, Government Code) . . . $30;
(18) additional filing fee for family protection on filing a
suit for dissolution of a marriage under Chapter 6, Family Code
(Sec. 51.961, Government Code) . . . not to exceed $15;
(19) at a hearing held by an associate judge in Dallas County, a
court cost to preserve the record, in the absence of a court
reporter, by other means (Sec. 54.509, Government Code) . . . as
assessed by the referring court or associate judge; and
(20) at a hearing held by an associate judge in Duval County, a
court cost to preserve the record (Sec. 54.1151, Government Code)
. . . as imposed by the referring court or associate judge.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.103(a), eff. September 1, 2009.
Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court in Bexar County shall
collect an additional filing fee not to exceed $15 under Section
51.706, Government Code, in certain civil cases to fund the
improvement of court facilities, if authorized by the county
commissioners court.
Added by Acts 2009, 81st Leg., R.S., Ch.
593, Sec. 2, eff. June 19, 2009.
Sec. 101.06113. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court in the Sixth Court of
Appeals District shall collect an appellate judicial system
filing fee of $5 under Section 22.2071, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
49, Sec. 2, eff. September 1, 2009.
Sec. 101.06114. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court in the Twelfth Court of
Appeals District shall collect an appellate judicial system
filing fee of $5 under Section 22.2131, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
50, Sec. 2, eff. September 1, 2009.
Sec. 101.06115. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court in the Seventh Court of
Appeals District shall collect an appellate judicial system
filing fee of $5 under Section 22.2081, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
520, Sec. 2, eff. September 1, 2009.
Sec. 101.06116. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court shall collect a district
court records archive fee of not more than $5 under Section
51.317(b)(5), if adopted by the county commissioners court.
Added by Acts 2009, 81st Leg., R.S., Ch.
822, Sec. 3, eff. June 19, 2009.
Sec. 101.06117. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court shall collect an additional
filing fee not to exceed $10 under Section 51.708, Government
Code, in certain civil cases to fund the preservation of court
records.
Added by Acts 2009, 81st Leg., R.S., Ch.
1183, Sec. 9, eff. September 1, 2009.
Sec. 101.0612. DISTRICT COURT FEES AND COSTS: HEALTH AND SAFETY
CODE. The clerk of a district court shall collect for filing a
report of divorce or annulment a fee of $1 under Section 194.002,
Health and Safety Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN RESOURCES
CODE. The clerk of a district court shall collect fees and costs
under the Human Resources Code as follows:
(1) for filing a suit in Comal County (Sec. 152.0522, Human
Resources Code) . . . $4;
(2) fee on filing a suit for dissolution of a marriage for
services of child support department in Harris County, if
authorized by the county commissioners court (Sec. 152.1074,
Human Resources Code) . . . not to exceed $12;
(3) a child support service fee in Nueces County if ordered by
the commissioners court and assessed by the court (Sec. 152.1844,
Human Resources Code) . . . not to exceed $5 a month payable
annually in advance;
(4) a service fee to be paid by a person ordered by a district
court to pay child or spousal support:
(A) in Collin County if authorized by the juvenile board (Sec.
152.0492, Human Resources Code) . . . not to exceed $2.50 added
to first support payment each month;
(B) in Johnson County if authorized by the juvenile board (Sec.
152.1322, Human Resources Code) . . . $1.00 added to first
support payment each month; and
(C) in Montague County (Sec. 152.1752, Human Resources Code) . .
. $1 if fee is ordered to be paid monthly, 50 cents if fee is
ordered to be paid semimonthly or weekly;
(5) attorney's fees as an additional cost in Montague County on
a finding of contempt of court for failure to pay child or
spousal support if the contempt action is initiated by the
probation department (Sec. 152.1752, Human Resources Code) . . .
$15;
(6) fee on filing a suit requesting an adoption in Montague
County (Sec. 152.1752, Human Resources Code) . . . $25;
(7) court cost on citation for contempt of court for failure to
comply with child support order in Nueces County, if authorized
by the commissioners court (Sec. 152.1844, Human Resources Code)
. . . not to exceed $10;
(8) fee on filing a suit for divorce in Orange County (Sec.
152.1873, Human Resources Code) . . . not less than $5;
(9) court costs on citation for contempt of court in Orange
County for failure to comply with a child support order or order
providing for possession of or access to a child (Sec. 152.1873,
Human Resources Code) . . . amount determined by district clerk;
(10) fee on filing a suit requesting an adoption in Orange
County (Sec. 152.1874, Human Resources Code) . . . not less than
$25; and
(11) fee on filing a suit requesting an adoption in Wichita
County (Sec. 152.2496, Human Resources Code) . . . $100.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
Sec. 101.0614. DISTRICT COURT FEES AND COSTS: INSURANCE CODE.
The clerk of a district court shall collect court costs and
reasonable and necessary expert witness fees under Section
544.054, Insurance Code, which may include expert witness fees in
Travis County in an action in which the plaintiff prevails
against an insurer for economic damages sustained by the
plaintiff as a result of unfair discrimination.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Local Government Code as follows:
(1) additional filing fees:
(A) for each civil suit filed, for court-related purposes for
the support of the judiciary and for civil legal services to an
indigent:
(i) for family law cases and proceedings as defined by Section
25.0002, Government Code (Sec. 133.151, Local Government Code) .
. . $45; or
(ii) for any case other than a case described by Subparagraph
(i) (Sec. 133.151, Local Government Code) . . . $50; and
(B) 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 fund civil legal
services for the indigent:
(i) for family law cases and proceedings as defined by Section
25.0002, Government Code (Sec. 133.152, Local Government Code) .
. . $5; or
(ii) for any case other than a case described by Subparagraph
(i) (Sec. 133.152, Local Government Code) . . . $10;
(2) additional filing fee to fund the courthouse security fund,
if authorized by the county commissioners court (Sec. 291.008,
Local Government Code) . . . not to exceed $5;
(3) additional filing fee for filing documents not subject to
certain filing fees to fund the courthouse security fund, if
authorized by the county commissioners court (Sec. 291.008, Local
Government Code) . . . $1;
(4) additional filing fee to fund the courthouse security fund
in Webb County, if authorized by the county commissioners court
(Sec. 291.009, Local Government Code) . . . not to exceed $20;
(5) court cost in civil cases other than suits for delinquent
taxes to fund the county law library fund, if authorized by the
county commissioners court (Sec. 323.023, Local Government Code)
. . . not to exceed $35; and
(6) on the filing of a civil suit, an additional filing fee to
be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.104(a), eff. September 1, 2009.
Sec. 101.0616. DISTRICT COURT FEES AND COSTS: TEXAS PROBATE
CODE. The clerk of a district court shall collect fees and costs
under the Texas Probate Code as follows:
(1) security deposit on filing, by any person other than the
personal representative of an estate, an application, complaint,
or opposition in relation to the estate, if required by the clerk
(Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(2) security deposit on filing, by any person other than the
guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a
guardianship matter, if required by the clerk (Sec. 622, Texas
Probate Code) . . . probable cost of the guardianship proceeding;
and
(3) costs for attorney ad litem appointed to pursue the
restoration of a ward's capacity or modification of the ward's
guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
reasonable compensation.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.105, eff. September 1, 2009.
Sec. 101.0617. DISTRICT COURT FEES AND COSTS: TAX CODE. The
clerk of a district court shall collect a fee of $5 under
Section 42.221, Tax Code, for filing an additional petition for
review of an appraisal review board order relating to certain
regulated property running through or operating in more than one
county after the first petition for review relating to the same
property is filed for a tax year.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.103(a), eff. September 1, 2007.
SUBCHAPTER E. STATUTORY COUNTY COURTS
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS: CIVIL
PRACTICE AND REMEDIES CODE. The clerk of a statutory county
court shall collect fees and costs under the Civil Practice and
Remedies Code as follows:
(1) court cost in certain civil cases to establish and maintain
an alternative dispute resolution system, if authorized by the
county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $15;
(2) court fees and costs, if ordered by the court, for a suit
filed by an inmate in which an affidavit or unsworn declaration
of inability to pay costs is filed by the inmate (Sec. 14.006,
Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months' deposits to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs;
(3) monthly payment for remaining court fees and costs after the
initial payment for a suit in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the inmate's trust
account administered by the Texas Department of Criminal Justice
under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that remain unpaid;
and
(4) the following costs not otherwise charged to the inmate
under Section 14.006, Civil Practice and Remedies Code, if the
inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care incurred in
connection with the appearance of the inmate in the court for any
proceeding.
Added by Acts 2003, 78th Leg., ch. 1278, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
296, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1233, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
275, Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District (Sec. 22.2021,
Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec. 22.2031, Government
Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec. 22.2041, Government
Code) . . . $5;
(D) Fourth Court of Appeals District (Sec. 22.2051, Government
Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec. 22.2061, Government
Code) . . . not more than $5;
(F) Ninth Court of Appeals District (Sec. 22.2101, Government
Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec. 22.2121, Government
Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec. 22.2141,
Government Code) . . . not more than $5;
(2) an official court reporter fee, County Court at Law No. 2 of
Bexar County (Sec. 25.0172, Government Code) . . . $3;
(3) in Brazoria County, in matters of concurrent jurisdiction
with the district court, fees (Sec. 25.0222, Government Code) . .
. as prescribed by law for district judges according to the
nature of the matter;
(4) a court reporter fee when testimony is taken in a county
court at law in McLennan County (Sec. 25.1572, Government Code) .
. . $3;
(5) a stenographer fee, if a record or part of a record is made:
(A) in a county court at law in Hidalgo County (Sec. 25.1102,
Government Code) . . . $20; and
(B) in a county court at law in Nolan County (Sec. 25.1792,
Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for court-related
purposes for the support of the judiciary (Sec. 51.702,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County civil court
facilities, if authorized by the county commissioners court (Sec.
51.705, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court facilities, if
authorized by the county commissioners court (Sec. 51.707,
Government Code) . . . not more than $15;
(8) the official court reporter's fee taxed as costs in civil
actions in a statutory county court:
(A) in Bexar County Courts at Law:
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 (Sec. 25.0172,
Government Code) . . . taxed in the same manner as the fee is
taxed in district court; and
(ii) No. 2 (Sec. 25.0172, Government Code) . . . $3;
(B) in Galveston County (Sec. 25.0862, Government Code) . . .
taxed in the same manner as the fee is taxed in civil cases in
the district courts; and
(C) in Parker County (Sec. 25.1862, Government Code) . . . taxed
in the same manner as the fee is taxed in civil cases in the
district courts;
(9) a stenographer's fee as costs in each civil, criminal, and
probate case in which a record is made by the official court
reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(10) in Nueces County, in matters of concurrent jurisdiction
with the district court, with certain exceptions, fees (Sec.
25.1802, Government Code) . . . equal to those in district court
cases; and
(11) a fee not otherwise listed in this subchapter that is
required to be collected under Section 25.0008, Government Code,
in a county other than Brazos, Cameron, Ellis, Guadalupe, Harris,
Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
Victoria, and Williamson . . . as prescribed by law relating to
county judges' fees.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.106(a), eff. September 1, 2009.
Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court in Bexar
County shall collect an additional filing fee not to exceed $15
under Section 51.706, Government Code, in certain civil cases to
fund the improvement of court facilities, if authorized by the
county commissioners court.
Added by Acts 2009, 81st Leg., R.S., Ch.
593, Sec. 3, eff. June 19, 2009.
Sec. 101.08112. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court in the
Sixth Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2071,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
49, Sec. 3, eff. September 1, 2009.
Sec. 101.08113. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court in the
Twelfth Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2131,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
50, Sec. 3, eff. September 1, 2009.
Sec. 101.08114. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court in the
Seventh Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2081,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
520, Sec. 3, eff. September 1, 2009.
Sec. 101.08115. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect an additional filing fee not to exceed $10 under Section
51.708, Government Code, in certain civil cases to fund the
preservation of court records.
Added by Acts 2009, 81st Leg., R.S., Ch.
1183, Sec. 10, eff. September 1, 2009.
Sec. 101.0812. STATUTORY COUNTY COURT FEES AND COSTS: HEALTH
AND SAFETY CODE. The clerk of a statutory county court shall
collect fees and costs under the Health and Safety Code as
follows:
(1) for filing an application for registration of death (Sec.
193.007, Health and Safety Code) . . . $1;
(2) fee for judge's services on an application for court-ordered
mental health services (Sec. 574.031, Health and Safety Code) . .
. not to exceed $50;
(3) fee for prosecutor's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(4) for a hearing or proceeding under the Texas Mental Health
Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Secs. 571.017 and 571.018, Health and Safety Code) . . .
reasonable compensation to the following persons appointed under
the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) masters;
(5) for a hearing or proceeding under the Texas Mental Health
Code (Subtitle C, Title 7, Health and Safety Code) as costs (Sec.
571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health facility or to
a federal agency not to exceed $50 if transporting within the
same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized under Section
574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section 574.031, Health
and Safety Code;
(6) expenses of transporting certain patients from the county of
treatment to a hearing in the county in which the proceedings
originated (Sec. 574.008, Health and Safety Code) . . . actual
expenses unless certain arrangements are made to hold the hearing
in the county in which the patient is receiving services;
(7) expenses for expert witness testimony for an indigent
patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad
litem, court-approved expenses;
(8) fee for judge's services for holding a hearing on an
application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge,
not to exceed $50;
(9) expenses to reimburse judge for holding a hearing in a
hospital or location other than the county courthouse (Sec.
574.031, Health and Safety Code) . . . reasonable and necessary
expenses as certified; and
(10) fee for services of a prosecuting attorney, including costs
incurred for preparation of documents related to a hearing on an
application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge,
not to exceed $50.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Sec. 101.0813. STATUTORY COUNTY COURT FEES AND COSTS: HUMAN
RESOURCES CODE. The clerk of a statutory county court shall
collect for filing a suit in Comal County a fee of $4 under
Section 152.0522, Human Resources Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL
GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Local Government Code as
follows:
(1) additional filing fee to fund contingency fund for liability
insurance, if authorized by the county commissioners court (Sec.
82.003, Local Government Code) . . . not to exceed $5;
(2) civil court actions (Sec. 118.052, Local Government Code):
(A) filing of original action (Secs. 118.052 and 118.053, Local
Government Code):
(i) garnishment after judgment (Sec. 118.052, Local Government
Code) . . . $15; and
(ii) all others (Sec. 118.052, Local Government Code) . . . $40;
(B) filing of action other than original (Secs. 118.052 and
118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original action (Secs.
118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052, Local Government Code) .
. . $5; and
(ii) execution, order of sale, writ, or other process (Sec.
118.052, Local Government Code) . . . $5;
(3) probate court actions (Sec. 118.052, Local Government Code):
(A) probate original action (Secs. 118.052 and 118.055, Local
Government Code):
(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 (Sec. 118.052,
Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052, Local Government Code) .
. . $40;
(iii) small estates (Sec. 118.052, Local Government Code) . . .
$40;
(iv) declarations of heirship (Sec. 118.052, Local Government
Code) . . . $40;
(v) mental health or chemical dependency services (Sec. 118.052,
Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052 and 118.064, Local
Government Code) . . . $5;
(B) services in pending probate action (Secs. 118.052 and
118.056, Local Government Code):
(i) filing an inventory and appraisement (Secs. 118.052 and
118.056(d), Local Government Code) . . . $25;
(ii) approving and recording bond (Sec. 118.052, Local
Government Code) . . . $3;
(iii) administering oath (Sec. 118.052, Local Government Code) .
. . $2;
(iv) filing annual or final account of estate (Sec. 118.052,
Local Government Code) . . . $25;
(v) filing application for sale of real or personal property
(Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of guardian of a person (Sec.
118.052, Local Government Code) . . . $10; and
(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 (Secs. 118.052 and 191.007,
Local Government Code), if more than 25 pages . . . $25;
(C) adverse probate action (Secs. 118.052 and 118.057, Local
Government Code) . . . $40;
(D) claim against estate (Secs. 118.052 and 118.058, Local
Government Code) . . . $2; and
(E) supplemental court-initiated guardianship fee (Secs. 118.052
and 118.067, Local Government Code) . . . $20;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059, Local
Government Code):
(i) original document and one copy (Sec. 118.052, Local
Government Code) . . . $4; and
(ii) each additional set of an original and one copy (Sec.
118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060, Local
Government Code):
(i) for the clerk's certificate (Sec. 118.052, Local Government
Code) . . . $5; and
(ii) a fee per page or part of a page (Sec. 118.052, Local
Government Code) . . . $1;
(C) noncertified papers, for each page or part of a page (Secs.
118.052 and 118.0605, Local Government Code) . . . $1;
(D) letters testamentary, letter of guardianship, letter of
administration, or abstract of judgment (Secs. 118.052 and
118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and 118.062, Local
Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and 118.063, Local
Government Code) . . . same as sheriff; and
(G) records management and preservation fee (Secs. 118.052,
118.0546, and 118.0645, Local Government Code) . . . $5;
(5) additional filing fee for filing 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
fund civil legal services for the indigent (Sec. 133.153, Local
Government Code) . . . $10;
(6) on the filing of a civil suit, an additional filing fee to
be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42;
(7) additional filing fee to fund the courthouse security fund,
if authorized by the county commissioners court (Sec. 291.008,
Local Government Code) . . . not to exceed $5;
(8) additional filing fee for filing documents not subject to
certain filing fees to fund the courthouse security fund, if
authorized by the county commissioners court (Sec. 291.008, Local
Government Code) . . . $1;
(9) additional filing fee to fund the courthouse security fund
in Webb County, if authorized by the county commissioners court
(Sec. 291.009, Local Government Code) . . . not to exceed $20;
and
(10) court cost in civil cases other than suits for delinquent
taxes to fund the county law library fund, if authorized by the
county commissioners court (Sec. 323.023, Local Government Code)
. . . not to exceed $35.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.106(b), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1183, Sec. 11(a), eff. September 1, 2009.
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS: TEXAS
PROBATE CODE. The clerk of a statutory county court shall
collect fees and costs under the Texas Probate Code as follows:
(1) fee for deposit of a will with the county clerk during
testator's lifetime (Sec. 71, Texas Probate Code) . . . $5;
(2) security deposit on filing, by any person other than the
personal representative of an estate, an application, complaint,
or opposition in relation to the estate, if required by the clerk
(Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(3) security deposit on filing, by any person other than the
guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a
guardianship matter, if required by the clerk (Sec. 622, Texas
Probate Code) . . . probable cost of the guardianship proceeding;
and
(4) costs for attorney ad litem appointed to pursue the
restoration of a ward's capacity or modification of the ward's
guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
reasonable compensation.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.106(c), eff. September 1, 2009.
Sec. 101.0816. STATUTORY COUNTY COURT FEES AND COSTS: PROPERTY
CODE. The clerk of a statutory county court shall collect a
court cost in the amount of $10 or more, as taxed by the court
under Section 21.047, Property Code, for each special
commissioner in an eminent domain proceeding.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Text of section effective until April 01, 2011
Sec. 101.0817. STATUTORY COUNTY COURT FEES AND COSTS UNDER OTHER
LAWS. The clerk of a statutory county court shall collect a fee
of $10 under Article 6327, Vernon's Texas Civil Statutes, for a
county attorney in a suit regarding a railroad company's failure
to keep roadbed and right-of-way in proper condition.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
85, Sec. 4.01, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 101.0817. STATUTORY COUNTY COURT FEES AND COSTS UNDER OTHER
LAWS. The clerk of a statutory county court shall collect a fee
of $10 under Section 112.059, Transportation Code, for a county
attorney in a suit regarding a railroad company's failure to keep
roadbed and right-of-way in proper condition.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.104(a), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
85, Sec. 4.01, eff. April 1, 2011.
Sec. 101.082. STATUTORY COUNTY COURT FEES AND COSTS IN OTHER
PROBATE MATTERS. A statutory county court judge shall collect
the following fees in probate matters:
(1) probate of a will (Sec. 118.101, Local Government Code) . .
. $2;
(2) granting letters testamentary, letter of guardianship, or
letter of administration (Sec. 118.101, Local Government Code) .
. . $2;
(3) order of sale (Sec. 118.101, Local Government Code) . . .
$2;
(4) approval and confirmation of sale (Sec. 118.101, Local
Government Code) . . . $2;
(5) decree refusing order of sale or confirmation of sale (Sec.
118.101, Local Government Code) . . . $2;
(6) decree of partition and distribution (Sec. 118.101, Local
Government Code) . . . $2;
(7) decree approving or setting aside the report of a
commissioner of partition and distribution (Sec. 118.101, Local
Government Code) . . . $2;
(8) decree removing an executor, administrator, or guardian
(with the fee to be paid by that executor, administrator, or
guardian) (Sec. 118.101, Local Government Code) . . . $1;
(9) fiat or certificate (Sec. 118.101, Local Government Code) .
. . $2;
(10) continuance (Sec. 118.101, Local Government Code) . . .
$0.10;
(11) orders for which another fee is not prescribed (Sec.
118.101, Local Government Code) . . . $2;
(12) administering oath or affirmation with certificate and seal
(Sec. 118.101, Local Government Code) . . . $2; and
(13) administering oath or affirmation without certificate and
seal (Sec. 118.101, Local Government Code) . . . $0.25.
Added by Acts 2003, 78th Leg., ch. 1278, Sec. 1, eff. June 21,
2003.
SUBCHAPTER F. STATUTORY PROBATE COURTS
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS: CIVIL
PRACTICE AND REMEDIES CODE. The clerk of a statutory probate
court shall collect a court cost in an amount not to exceed $15
under Section 152.004, Civil Practice and Remedies Code, in
certain civil cases to establish and maintain an alternative
dispute resolution system, if authorized by the county
commissioners court.
Added by Acts 2003, 78th Leg., ch. 1278, Sec. 1, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
296, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1233, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
275, Sec. 3, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.105, eff. September 1, 2007.
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District (Sec. 22.2021,
Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec. 22.2031, Government
Code) . . . not more than $5;
(C) Third Court of Appeals District (Sec. 22.2041, Government
Code) . . . $5;
(D) Fourth Court of Appeals District (Sec. 22.2051, Government
Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec. 22.2061, Government
Code) . . . not more than $5;
(F) Ninth Court of Appeals District (Sec. 22.2101, Government
Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec. 22.2121, Government
Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec. 22.2141,
Government Code) . . . not more than $5;
(2) additional filing fees as follows:
(A) for certain cases to be used for court-related purposes for
support of the judiciary (Sec. 51.704, Government Code) . . .
$40;
(B) to fund the improvement of Dallas County civil court
facilities, if authorized by the county commissioners court (Sec.
51.705, Government Code) . . . not more than $15; and
(C) to fund the improvement of Hays County court facilities, if
authorized by the county commissioners court (Sec. 51.707,
Government Code) . . . not more than $15;
(3) jury fee for civil case (Sec. 51.604, Government Code) . . .
$22;
(4) the expense of preserving the record as a court cost, if
imposed on a party by the referring court or associate judge
(Sec. 54.612, Government Code) . . . actual cost; and
(5) a fee not otherwise listed in this subchapter that is
required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law
relating to county judges' fees.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.105, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.107(a), eff. September 1, 2009.
Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court in Bexar
County shall collect an additional filing fee not to exceed $15
under Section 51.706, Government Code, in certain civil cases to
fund the improvement of court facilities, if authorized by the
county commissioners court.
Added by Acts 2009, 81st Leg., R.S., Ch.
593, Sec. 4, eff. June 19, 2009.
Sec. 101.10112. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court in the
Sixth Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2071,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
49, Sec. 4, eff. September 1, 2009.
Sec. 101.10113. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court in the
Twelfth Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2131,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
50, Sec. 4, eff. September 1, 2009.
Sec. 101.10114. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court in the
Seventh Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2081,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
520, Sec. 4, eff. September 1, 2009.
Sec. 101.1012. STATUTORY PROBATE COURT FEES AND COSTS: HEALTH
AND SAFETY CODE. The clerk of a statutory probate court shall
collect fees and costs under the Health and Safety Code as
follows:
(1) for filing an application for registration of death (Sec.
193.007, Health and Safety Code) . . . $1;
(2) fee for judge's services on an application for court-ordered
mental health services (Sec. 574.031, Health and Safety Code) . .
. not to exceed $50;
(3) fee for prosecutor's services on an application for
court-ordered mental health services (Sec. 574.031, Health and
Safety Code) . . . not to exceed $50;
(4) for a hearing or proceeding under the Texas Mental Health
Code (Subtitle C, Title 7, Health and Safety Code) as costs
(Secs. 571.017 and 571.018, Health and Safety Code) . . .
reasonable compensation to the following persons appointed under
the Texas Mental Health Code:
(A) attorneys;
(B) physicians;
(C) language interpreters;
(D) sign interpreters; and
(E) masters;
(5) for a hearing or proceeding under the Texas Mental Health
Code (Subtitle C, Title 7, Health and Safety Code) as costs (Sec.
571.018, Health and Safety Code):
(A) attorney's fees;
(B) physician examination fees;
(C) expense of transportation to a mental health facility or to
a federal agency not to exceed $50 if transporting within the
same county and not to exceed the reasonable cost of
transportation if transporting between counties;
(D) costs and salary supplements authorized under Section
574.031, Health and Safety Code; and
(E) prosecutors' fees authorized under Section 574.031, Health
and Safety Code;
(6) expenses of transporting certain patients from the county of
treatment to a hearing in the county in which the proceedings
originated (Sec. 574.008, Health and Safety Code) . . . actual
expenses unless certain arrangements are made to hold the hearing
in the county in which the patient is receiving services;
(7) expenses for expert witness testimony for an indigent
patient (Sec. 574.010, Health and Safety Code) . . . if
authorized by the court as reimbursement to the attorney ad
litem, court-approved expenses;
(8) fee for judge's services for holding a hearing on an
application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge,
not to exceed $50;
(9) expenses to reimburse judge for holding a hearing in a
hospital or location other than the county courthouse (Sec.
574.031, Health and Safety Code) . . . reasonable and necessary
expenses as certified; and
(10) fee for services of a prosecuting attorney, including costs
incurred for preparation of documents related to a hearing on an
application for court-ordered mental health services (Sec.
574.031, Health and Safety Code) . . . as assessed by the judge,
not to exceed $50.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.105, eff. September 1, 2007.
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: LOCAL
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Local Government Code as
follows:
(1) additional filing fee for filing 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
fund civil legal services for the indigent (Sec. 133.153, Local
Government Code). . . $10;
(2) additional filing fee to fund contingency fund for liability
insurance, if authorized by the county commissioners court (Sec.
82.003, Local Government Code) . . . not to exceed $5;
(3) probate court actions (Sec. 118.052, Local Government Code):
(A) probate original action (Secs. 118.052 and 118.055, Local
Government Code):
(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 (Sec. 118.052,
Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052, Local Government Code) .
. . $40;
(iii) small estates (Sec. 118.052, Local Government Code) . . .
$40;
(iv) declarations of heirship (Sec. 118.052, Local Government
Code) . . . $40;
(v) mental health or chemical dependency services (Sec. 118.052,
Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052 and 118.064, Local
Government Code) . . . $5;
(B) services in pending probate action (Secs. 118.052 and
118.056, Local Government Code):
(i) filing an inventory and appraisement (Secs. 118.052 and
118.056(d), Local Government Code) . . . $25;
(ii) approving and recording bond (Sec. 118.052, Local
Government Code) . . . $3;
(iii) administering oath (Sec. 118.052, Local Government Code) .
. . $2;
(iv) filing annual or final account of estate (Sec. 118.052,
Local Government Code). . . $25;
(v) filing application for sale of real or personal property
(Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of guardian of a person (Sec.
118.052, Local Government Code) . . . $10; and
(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 (Secs. 118.052 and 191.007,
Local Government Code), if more than 25 pages . . . $25;
(C) adverse probate action (Secs. 118.052 and 118.057, Local
Government Code) . . . $40;
(D) claim against estate (Secs. 118.052 and 118.058, Local
Government Code) . . . $2; and
(E) supplemental court-initiated guardianship fee (Secs. 118.052
and 118.067, Local Government Code) . . . $20;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059, Local
Government Code):
(i) original document and one copy (Sec. 118.052, Local
Government Code) . . . $4; and
(ii) each additional set of an original and one copy (Sec.
118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060, Local
Government Code):
(i) for the clerk's certificate (Sec. 118.052, Local Government
Code) . . . $5; and
(ii) a fee per page or part of a page (Sec. 118.052, Local
Government Code) . . . $1;
(C) noncertified papers, for each page or part of a page (Secs.
118.052 and 118.0605, Local Government Code) . . . $1;
(D) letters testamentary, letter of guardianship, letter of
administration, or abstract of judgment (Secs. 118.052 and
118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and 118.062, Local
Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and 118.063, Local
Government Code) . . . same as sheriff; and
(G) records management and preservation fee (Secs. 118.052 and
118.0645, Local Government Code) . . . $5; and
(5) court cost in civil cases other than suits for delinquent
taxes to fund the county law library fund, if authorized by the
county commissioners court (Sec. 323.023, Local Government Code)
. . . not to exceed $35.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.105, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.107(b), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1183, Sec. 12, eff. September 1, 2009.
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS: TEXAS
PROBATE CODE. The clerk of a statutory probate court shall
collect fees and costs under the Texas Probate Code as follows:
(1) fee for deposit of a will with the county clerk during
testator's lifetime (Sec. 71, Texas Probate Code) . . . $5;
(2) security deposit on filing, by any person other than the
personal representative of an estate, an application, complaint,
or opposition in relation to the estate, if required by the clerk
(Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(3) security deposit on filing, by any person other than the
guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a
guardianship matter, if required by the clerk (Sec. 622, Texas
Probate Code) . . . probable cost of the guardianship proceeding;
and
(4) costs for attorney ad litem appointed to pursue the
restoration of a ward's capacity or modification of the ward's
guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
reasonable compensation.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.105, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 11.107(c), eff. September 1, 2009.
Sec. 101.1015. STATUTORY PROBATE COURT FEES AND COSTS: PROPERTY
CODE. The clerk of a statutory probate court shall collect a
court cost in the amount of $10 or more, as taxed by the court
under Section 21.047, Property Code, for each special
commissioner in an eminent domain proceeding.
Added by Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 7.105, eff. September 1, 2007.
Sec. 101.102. STATUTORY PROBATE COURT FEES AND COSTS IN OTHER
PROBATE MATTERS. A statutory probate court judge shall collect
the following fees in probate matters:
(1) probate of a will (Sec. 118.101, Local Government Code) . .
. $2;
(2) granting letters testamentary, letter of guardianship, or
letter of administration (Sec. 118.101, Local Government Code) .
. . $2;
(3) order of sale (Sec. 118.101, Local Government Code) . . .
$2;
(4) approval and confirmation of sale (Sec. 118.101, Local
Government Code) . . . $2;
(5) decree refusing order of sale or confirmation of sale (Sec.
118.101, Local Government Code) . . . $2;
(6) decree of partition and distribution (Sec. 118.101, Local
Government Code) . . . $2;
(7) decree approving or setting aside the report of a
commissioner of partition and distribution (Sec. 118.101, Local
Government Code) . . . $2;
(8) decree removing an executor, administrator, or guardian
(with the fee to be paid by that executor, administrator, or
guardian) (Sec. 118.101, Local Governmen