2005 Texas Government Code CHAPTER 102. COURT COSTS IN CRIMINAL PROCEEDINGS

TITLE 2. JUDICIAL BRANCH

SUBTITLE I. COURT FEES AND COSTS

CHAPTER 102. COURT COSTS IN CRIMINAL PROCEEDINGS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 102.001. 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, § 1, eff. June 21, 2003.          

SUBCHAPTER B. COURT COSTS ON CONVICTION


	§ 102.021. COURT COSTS ON CONVICTION.  A person convicted 
of an offense shall pay, in addition to all other costs:
		(1)  court costs on conviction of a felony (§ 
133.102, Local Government Code) . . . $133;
		(2)  court costs on conviction of a Class A or Class B 
misdemeanor (§ 133.102, Local Government Code) . . . $83;
		(3)  court costs on conviction of a nonjailable 
misdemeanor offense, including a criminal violation of a municipal 
ordinance, other than a conviction of an offense relating to a 
pedestrian or the parking of a motor vehicle (§ 133.102, Local 
Government Code) . . . $40;
		(4)  court costs on certain convictions in statutory 
county courts (§ 51.702, Government Code) . . . $15;
		(5)  court costs on certain convictions in certain 
county courts (§ 51.703, Government Code) . . . $15;
		(6)  a time payment fee if convicted of a felony or 
misdemeanor for paying any part of a fine, court costs, or 
restitution on or after the 31st day after the date on which a 
judgment is entered assessing the fine, court costs, or restitution 
(§ 133.103, Local Government Code) . . . $25;
		(7)  a fee for services of prosecutor (Art. 102.008, 
Code of Criminal Procedure) . . . $25;
		(8)  fees for services of peace officer:                                      
			(A)  issuing a written notice to appear in court 
for certain violations (Art. 102.011, Code of Criminal Procedure) 
. . . $5;
			(B)  executing or processing an issued arrest 
warrant or capias (Art. 102. 011, Code of Criminal Procedure) . . . 
$50;
			(C)  summoning a witness (Art. 102.011, Code of 
Criminal Procedure) . .  . $5;
			(D)  serving a writ not otherwise listed (Art. 
102.011, Code of Criminal Procedure) . . . $35;
			(E)  taking and approving a bond and, if 
necessary, returning the bond to courthouse (Art. 102.011, Code of 
Criminal Procedure) . . . $10;
			(F)  commitment or release (Art. 102.011, Code of 
Criminal Procedure) . .  . $5;
			(G)  summoning a jury (Art. 102.011, Code of 
Criminal Procedure) . . . $5; 
			(H)  attendance of a prisoner in habeas corpus 
case if prisoner has been remanded to custody or held to bail (Art. 
102.011, Code of Criminal Procedure) . . . $8 each day;
			(I)  mileage for certain services performed (Art. 
102.011, Code of Criminal Procedure) . . . $0.29 per mile;  and
			(J)  services of a sheriff or constable who serves 
process and attends examining trial in certain cases (Art. 102.011, 
Code of Criminal Procedure) . . . not to exceed $5;
		(9)  services of a peace officer in conveying a witness 
outside the county (Art. 102.011, Code of Criminal Procedure) . . . 
$10 per day or part of a day, plus actual necessary travel expenses;
		(10)  overtime of peace officer for time spent 
testifying in the trial or traveling to or from testifying in the 
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
		(11)  court costs on an offense relating to rules of the 
road, when offense occurs within a school crossing zone (Art. 
102.014, Code of Criminal Procedure) . . . $25;
		(12)  court costs on an offense of passing a school bus 
(Art. 102.014, Code of Criminal Procedure) . . . $25;
		(13)  court costs on an offense of truancy or 
contributing to truancy (Art. 102.014, Code of Criminal Procedure) 
. . . $20;
		(14)  cost for visual recording of intoxication arrest 
before conviction (Art. 102.018, Code of Criminal Procedure) . . . 
$15;
		(15)  cost of certain evaluations (Art. 102.018, Code 
of Criminal Procedure) . . . actual cost;
		(16)  additional costs attendant to certain 
intoxication convictions under Chapter 49, Penal Code, for 
emergency medical services, trauma facilities, and trauma care 
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
		(16-a)  additional costs attendant to certain child 
sexual assault and related convictions, for child abuse prevention 
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
		(17)  cost for DNA testing for certain felonies (Art. 
102.020, Code of Criminal Procedure) . . . $250;
		(18)  court cost on an offense of public lewdness or 
indecent exposure (Art. 102.020, Code of Criminal Procedure) . . . 
$50;
		(19)  court cost on conviction of a misdemeanor under 
Subtitle C, Title 7, Transportation Code (§ 542.403, 
Transportation Code) . . . $3;
		(20)  cost for impoundment of vehicle (§ 601.263, 
Transportation Code). . . $15 per day;
		(21)  a civil and criminal enforcement cost on 
conviction of an offense of, or related to, the nonpayment of a toll 
in certain counties (§ 284.2031, Transportation Code) . . . $1;

Text of subd. (22) as added by Acts 2005, 79th Leg., ch. 296, § 8
		(22)  if directed by the justice of the peace or 
municipal court judge hearing the case, court costs on conviction 
in a criminal action (Art. 45.041, Code of Criminal Procedure) . . . 
part or all of the costs as directed by the judge;

Text of subd. (22) as added by Acts 2005, 79th Leg., ch. 992, § 29
		(22)  the cost of any storage, care, feeding, cold 
storage, or processing necessary for an unlawfully taken, shipped, 
or possessed game bird, fowl, animal, game fish, or exotic animal 
(§ 12.110, Parks and Wildlife Code) . . . actual cost;  and

Text of subd. (22) as added by Acts 2005, 79th Leg., ch. 1360, § 6
		(22)  court cost on conviction of any offense, other 
than a conviction of an offense relating to a pedestrian or the 
parking of a motor vehicle (Art. 102.0045, Code of Criminal 
Procedure) . . . $4.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 296, § 8, eff. Sept. 1, 
2005;  Acts 2005, 79th Leg., ch. 268, § 1.68, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 992, § 29, eff. June 18, 2005;  Acts 
2005, 79th Leg., ch. 1360, § 6, eff. Sept. 1, 2005.


	§ 102.022. COURT COST ON CONVICTION FOR SUPPORT OF 
JUDICIARY.  A person convicted of any offense, other than an 
offense relating to a pedestrian or the parking of a motor vehicle, 
shall pay a cost on conviction of $4 under Section 133.105, Local 
Government Code.

Added by Acts 2005, 79th Leg., 2nd C.S., ch. 3, § 17, eff. Dec. 1, 
2005. 

SUBCHAPTER C. CRIMINAL COURT COSTS IN DISTRICT COURT


	§ 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN 
DISTRICT COURT.  The clerk of a district court shall collect fees 
and costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure). . . $25;
		(4)  a security fee on a felony offense (Art. 102.017, 
Code of Criminal Procedure) . . . $5;
		(5)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(6)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5;  and
		(7)  a court cost on conviction in Comal County (§ 
152.0522, Human Resources Code) . . . $4.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 804, § 4, eff. June 17, 
2005.

SUBCHAPTER D. CRIMINAL COURT COSTS IN STATUTORY COUNTY COURT


	§ 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN 
STATUTORY COUNTY COURT.  The clerk of a statutory county court 
shall collect fees and costs on conviction of a defendant as 
follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for services of the clerk of the court (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure). . . $25;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(5)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5;
		(6)  a court cost on conviction in Comal County (§ 
152.0522, Human Resources Code) . . . $4; and
		(7)  a juvenile case manager fee (Art. 102.0174, Code 
of Criminal Procedure) . . . $5.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 804, § 5, eff. June 17, 
2005;  Acts 2005, 79th Leg., ch. 949, § 38, eff. Sept. 1, 2005.

SUBCHAPTER E. CRIMINAL COURT COSTS IN COUNTY COURT


	§ 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY 
COURT.  The clerk of a county court shall collect fees and costs on 
conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure). . . $25;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure). . . $3;
		(5)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5;  and
		(6)  a juvenile case manager fee (Art. 102.0174, Code 
of Criminal Procedure) . . . $5.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 804, § 6, eff. June 17, 
2005;  Acts 2005, 79th Leg., ch. 949, § 38, eff. Sept. 1, 2005.

SUBCHAPTER F. CRIMINAL COURT COSTS IN JUSTICE COURT


	§ 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN 
JUSTICE COURT.  A clerk of a justice court shall collect fees and 
costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $3;        
		(2)  a fee for withdrawing request for jury less than 24 
hours before time of trial (Art. 102.004, Code of Criminal 
Procedure) . . . $3;
		(3)  a jury fee for two or more defendants tried jointly 
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;

Text of subd. (5) as amended by Acts 2005, 79th Leg., ch. 240, § 2
		(5)  a fee for technology fund on a misdemeanor offense 
(Art. 102.0173, Code of Criminal Procedure) . . . $4;  and

Text of subd. (5) as amended by Acts 2005, 79th Leg., ch. 949, § 
38
		(5)  a fee for technology fund on a misdemeanor offense 
(Art. 102.0173, Code of Criminal Procedure). . . not to exceed $4;
		(6)  a court cost on conviction in Comal County (§ 
152.0522, Human Resources Code) . . . $1.50;  and
		(7)  a juvenile case manager fee (Art. 102.0174, Code 
of Criminal Procedure) . . . $5.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 240, § 2, eff. Sept. 1, 
2005;  Acts 2005, 79th Leg., ch. 949, § 38, eff. Sept. 1, 2005.

SUBCHAPTER G. CRIMINAL COURT COSTS IN MUNICIPAL COURT


	§ 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN 
MUNICIPAL COURT.  The clerk of a municipal court shall collect fees 
and costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $3;        
		(2)  a fee for withdrawing request for jury less than 24 
hours before time of trial (Art. 102.004, Code of Criminal 
Procedure) . . . $3;
		(3)  a jury fee for two or more defendants tried jointly 
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure). . . $3;
		(5)  a fee for technology fund on a misdemeanor offense 
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;  
and
		(6)  a juvenile case manager fee (Art. 102.0174, Code 
of Criminal Procedure) . . . $5.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 949, § 38, eff. Sept. 1, 
2005.

SUBCHAPTER H. CRIMINAL COURT COSTS IN MUNICIPAL COURT OF RECORD


	§ 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF 
RECORD.  The clerk of a municipal court of record shall collect the 
following fees and costs:
		(1)  from a defendant on conviction, a fee for 
technology fund on a misdemeanor offense (Art. 102.0172, Code of 
Criminal Procedure) . . . not to exceed $4;
		(2)  from an appellant, a fee for preparation of the 
clerk's record (§ 30.00014, Government Code)... $25;  and
		(3)  from an appellant in the City of El Paso, an 
appellate court docket fee (§ 30.00147, Government Code) . . . 
$25.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 37, § 12, eff. May 9, 2005.

SUBCHAPTER I. CRIMINAL COURT COSTS IN JUSTICE COURT


	§ 102.161. ADDITIONAL COURT COSTS IN JUSTICE COURT.  The 
clerk of a justice court shall collect the following fees and costs:
		(1)  from a defendant on conviction of certain offenses 
involving issuing or passing a subsequently dishonored check (§ 
3.506, Business & Commerce Code;  Art. 102.0071, Code of Criminal 
Procedure) . . . not to exceed $30;  and
		(2)  from a defendant on conviction of a Class C 
misdemeanor in a county with a population of 3.3 million or more, if 
authorized by the county commissioners court (Art. 102.009, Code of 
Criminal Procedure) . . . not to exceed $7.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.