Sec. 133.058. PORTION OF FEE RETAINED. (a) Except as otherwise provided by this section, a municipality or county may retain 10 percent of the money collected from fees as a service fee for the collection if the municipality or county remits the remainder of the fees to the comptroller within the period prescribed by Section 133.055(a).
(b) A municipality or county may retain an amount greater than 10 percent of the money collected from fees if retention of the greater amount is authorized by law.
(c) A county may retain five percent of the money collected as a service fee on the basic civil legal service for indigents filing fee.
Text of subsection effective until January 01, 2017
(d) A county may not retain a service fee on the collection of a fee:
(1) for the judicial fund;
(2) under Sections 14 and 19, Article 42.12, Code of Criminal Procedure; or
(3) under Section 51.851, Government Code.
Text of subsection effective on January 01, 2017
(d) A county may not retain a service fee on the collection of a fee:
(1) for the judicial fund;
(2) under Article 42A.303 or 42A.653, Code of Criminal Procedure; or
(3) under Section 51.851, Government Code.
(e) A municipality or county may not retain a service fee if, during an audit under Article 103.0033(j), Code of Criminal Procedure, the Office of Court Administration of the Texas Judicial System determines that the municipality or county is not in compliance with Article 103.0033, Code of Criminal Procedure, and the municipality or county is unable to reestablish compliance on or before the 180th day after the date the municipality or county receives written notice of noncompliance from the office. After any period in which the municipality or county becomes unable to retain a service fee under this subsection, the municipality or county may begin once more to retain the fee only on receipt of a written confirmation from the office that the municipality or county is in compliance with Article 103.0033, Code of Criminal Procedure.
Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 10.02, eff. August 29, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1171 (H.B. 2949), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 41.02, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 460 (S.B. 967), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1290 (H.B. 2302), Sec. 17, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.75, eff. January 1, 2017.
Section: Previous 133.051 133.052 133.053 133.054 133.055 133.056 133.057 133.058 133.059 133.101 133.102 133.103 133.104 133.105 133.107 NextLast modified: September 28, 2016