Sec. 51.317. FEES DUE AT FILING. (a) The district clerk shall collect at the time the suit or action is filed the fees provided by Subsections (b) and (b-1) for services performed by the clerk.
Text of subsection effective until September 01, 2019
(b) The fees are:
(1) except as provided by Subsection (b-1), for filing a suit, including an appeal from an inferior court, $50;
(2) for filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, $15;
(3) 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, $8;
(4) for records management and preservation, $10; and
(5) in addition to the other fees imposed under this section, for filing a suit, including an appeal from an inferior court, or a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, the amount adopted by the county commissioners court, not to exceed $10, for court records archiving.
Text of subsection effective on September 01, 2019
(b) The fees are:
(1) except as provided by Subsection (b-1), for filing a suit, including an appeal from an inferior court, $50;
(2) for filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, $15;
(3) 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, $8;
(4) for records management and preservation, $10; and
(5) in addition to the other fees imposed under this section, for filing a suit, including an appeal from an inferior court, or a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, the amount adopted by the county commissioners court, not to exceed $5, for court records archiving.
(b-1) The fees for filing a suit, including an appeal from an inferior court, are:
(1) $75, for a suit with at least 11 but not more than 25 plaintiffs;
(2) $100, for a suit with at least 26 but not more than 100 plaintiffs;
(3) $125, for a suit with at least 101 but not more than 500 plaintiffs;
(4) $150, for a suit with at least 501 but not more than 1,000 plaintiffs; and
(5) $200, for a suit with more than 1,000 plaintiffs.
(b-2) The fee imposed under Subsection (b)(5) does not apply to a filing by a state agency.
(c) The district clerk, after collecting a fee under Subsection (b)(4), shall pay the fee to the county treasurer, or to an official who discharges the duties commonly delegated to the county treasurer, for deposit as follows:
(1) $5 to the county records management and preservation fund for records management and preservation, including automation, in various county offices; and
(2) $5 to the district clerk records management and preservation fund for records management and preservation services performed by the district clerk when a case or document is filed in the records office of the district clerk.
(d) A fee deposited in accordance with Subsection (c) may be used only to provide funds for specific records management and preservation, including for automation purposes, on approval by the commissioners court of a budget as provided by Chapter 111, Local Government Code.
(e) An expenditure from a records management and preservation fund must comply with Subchapter C, Chapter 262, Local Government Code.
(f) The district clerk, after collecting a fee under Subsection (b)(5), shall pay the fee to the county treasurer, or to an official who discharges the duties commonly delegated to the county treasurer, for deposit to the district court records technology fund established under Section 51.305.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec. 5, eff. Sept. 22, 1986; Acts 1991, 72nd Leg., ch. 186, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 675, Sec. 5, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 641, Sec. 1.01, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 976, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1080, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 804 (S.B. 526), Sec. 3, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 822 (S.B. 1685), Sec. 2, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 927 (H.B. 1513), Sec. 1.02, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 927 (H.B. 1513), Sec. 2.02, eff. September 1, 2019.
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