CHAPTER 101. FILING FEES AND OTHER FEES AND COSTS IN CIVIL PROCEEDINGS

State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > 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

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;

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

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;

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;

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

. $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

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;

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

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

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;

(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;

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

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;

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;

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;

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

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;

(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;

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;

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;

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!