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Texas Government Code - Section 51.702. Additional Fees And Costs In Certain Statutory County Courts

Legal Research Home > Texas Lawyer > Government Code > Texas Government Code - Section 51.702. Additional Fees And Costs In Certain Statutory County Courts

§ 51.702. ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY 
COUNTY COURTS.  (a) Except as provided by Subsection (g), in 
addition to all other fees authorized or required by other law, the 
clerk of a statutory county court shall collect a $40 filing fee in 
each civil case filed in the court to be used for court-related 
purposes for the support of the judiciary.
	(b)  In addition to other court costs, a person shall pay $15 
as a court cost on conviction of any criminal offense in a statutory 
county court, including cases in which probation or deferred 
adjudication is granted.  A conviction that arises under Chapter 
521, Transportation Code, or a conviction under Subtitle C, Title 
7, Transportation Code, is included, except that a conviction 
arising under any law that regulates pedestrians or the parking of 
motor vehicles is not included.
	(c)  Court costs and fees due under this section shall be 
collected in the same manner as other fees, fines, or costs are 
collected in the case.
	(d)  The clerk shall deposit the fees and costs collected 
under this section to be sent to the comptroller as provided by 
Subchapter B, Chapter 133, Local Government Code. The comptroller 
shall deposit the fees in the judicial fund.
	(e)  Section 51.320 applies to a fee or cost collected under 
this section.   
	(f)  Subsections (a)-(d) and (g)-(k) apply only to fees and 
costs for a 12-month period beginning July 1 in a county in which 
the commissioners court:
		(1)  adopts a resolution authorizing the fees and costs 
under Subsections (a) and (b);  and
		(2)  files the resolution with the comptroller not 
later than June 1 immediately preceding the first 12-month period 
during which the fees and costs are to be collected.
	(g)  A resolution under Subsection (f) continues from year to 
year allowing the county to collect fees and costs under 
Subsections (a) and (b) under the terms of this section until the 
resolution is rescinded.
	(h)  A commissioners court that desires to rescind a 
resolution adopted under Subsection (f) must submit to the 
comptroller not later than June 1 preceding the beginning of the 
first day of the state fiscal year the commissioners court desires 
to rescind the resolution.
	(i)  A county that is not eligible to participate under 
Subsection (f) on July 1 of a year but is eligible to participate 
later in the year may submit a resolution meeting the requirements 
of Subsection (f) to the comptroller.  The comptroller shall 
determine the date the county may begin to collect fees and costs 
under Subsections (a) and (b).  A county that begins to collect fees 
and costs under Subsections (a) and (b) after July 1 is not eligible 
for a payment by the comptroller under Section 25.0015 until the 
60th day after the date the comptroller determines the county may 
begin to collect fees and costs under Subsections (a) and (b).
	(j)  A clerk may not collect a fee under this section and 
under Section 51.701.
	(k)  Money collected under Subsections (a) and (b) after a 
county ceases to participate in the collection of additional fees 
and costs under Subsections (a) and (b) shall be remitted to the 
comptroller.  The money shall be deposited in the judicial fund and 
shall be distributed to counties currently participating under this 
section in the manner described in Section 25.0005.
	(l)  In a county in which court costs are not collected under 
Subsection (b), a person shall pay, in addition to other court 
costs, $15 as a court cost on conviction of any criminal offense in 
a statutory county court, including cases in which probation or 
deferred adjudication is granted.  A conviction that arises under 
Chapter 521, Transportation Code, or a conviction under Subtitle C, 
Title 7, Transportation Code, is included, except that a conviction 
arising under any law that regulates pedestrians or the parking of 
motor vehicles is not included.
	(m)  Court costs due under Subsection (l) shall be collected 
in the same manner as other fees, fines, and costs are collected in 
the case.  The clerk shall send the costs to the county treasurer or 
other person performing the duties of county treasurer at least as 
frequently as monthly.  The county treasurer or other person shall 
deposit the costs collected in the county treasury.

Added by Acts 1991, 72nd Leg., ch. 746, § 67, eff. Oct. 1, 1991.  
Amended by Acts 1993, 73rd Leg., ch. 144, § 4, eff. Aug. 30, 
1993;  Acts 1995, 74th Leg., ch. 144, § 3, eff. Aug. 28, 1995;  
Acts 1995, 74th Leg., ch. 461, § 2, eff. Aug. 28, 1995;  Acts 
1995, 74th Leg., ch. 641, § 2.03, eff. Sept. 1, 1995;  Acts 1997, 
75th Leg., ch. 165, § 30.186, eff. Sept. 1, 1997;  Acts 1997, 
75th Leg., ch. 1119, § 4, eff. Sept. 1, 1997;  Acts 1999, 76th 
Leg., ch. 1467, § 1.10, eff. June 19, 1999;  Acts 1999, 76th 
Leg., ch. 1572, § 6, eff. Oct. 1, 1999;  Acts 2003, 78th Leg., ch. 
209, § 70(a), eff. Jan. 1, 2004;  Acts 2003, 78th Leg., ch. 616, 
§ 4, eff. Sept. 1, 2003.

Last modified: August 11, 2007