2005 Texas Government Code CHAPTER 103. ADDITIONAL COURT FEES AND COSTS

GOVERNMENT CODE

CHAPTER 103. ADDITIONAL COURT FEES AND COSTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 103.001. 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. MISCELLANEOUS FEES AND COSTS


	§ 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL 
CASES.  An accused or defendant, or a party to a civil suit, as 
applicable, shall pay the following fees and costs if ordered by the 
court or otherwise required:
		(1)  a personal bond fee (Art. 17.42, Code of Criminal 
Procedure) . . . the greater of $20 or three percent of the amount of 
the bail fixed for the accused;
		(2)  cost of electronic monitoring as a condition of 
release on personal bond (Art. 17.43, Code of Criminal Procedure) . 
. . actual cost;
		(3)  a fee for verification of and monitoring of motor 
vehicle ignition interlock (Art. 17.441, Code of Criminal 
Procedure) . . . not to exceed $10;
		(4)  repayment of reward paid by a crime stoppers 
organization on conviction of a felony (Art. 37.073, Code of 
Criminal Procedure) . . . amount ordered;
		(5)  reimbursement to general revenue fund for payments 
made to victim of an offense as condition of community supervision 
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for 
a misdemeanor offense or $100 for a felony offense;
		(6)  payment to a crime stoppers organization as 
condition of community supervision (Art. 42.12, Code of Criminal 
Procedure) . . . not to exceed $50;
		(7)  children's advocacy center fee (Art. 42.12, Code 
of Criminal Procedure) . . . not to exceed $50;
		(8)  family violence shelter center fee (Art. 42.12, 
Code of Criminal Procedure) . . . not to exceed $100;
		(9)  community supervision fee (Art. 42.12, Code of 
Criminal Procedure) . . . not less than $25 or more than $60 per 
month;
		(10)  additional community supervision fee for certain 
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per 
month;
		(11)  for certain financially able sex offenders as a 
condition of community supervision, the costs of treatment, 
specialized supervision, or rehabilitation (Art. 42.12, Code of 
Criminal Procedure) . . . all or part of the reasonable and 
necessary costs of the treatment, supervision, or rehabilitation as 
determined by the judge;
		(12)  fee for failure to appear for trial in a justice 
or municipal court if a jury trial is not waived (Art. 45.026, Code 
of Criminal Procedure) . . . costs incurred for impaneling the jury;
		(13)  costs of certain testing, assessments, or 
programs during a deferral period (Art. 45.051, Code of Criminal 
Procedure) . . . amount ordered;
		(14)  special expense on dismissal of certain 
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . 
. . not to exceed amount of fine assessed;
		(15)  an additional fee:                                                      
			(A)  as an administrative fee for requesting a 
driving safety course or a course under the motorcycle operator 
training and safety program for certain traffic offenses to cover 
the cost of administering the article (Art. 45.0511(f)(1), Code of 
Criminal Procedure) . . . not to exceed $10;  or
			(B)  for requesting a driving safety course or a 
course under the motorcycle operator training and safety program 
before the final disposition of the case (Art. 45.0511(f)(2), Code 
of Criminal Procedure) . . . not to exceed the maximum amount of the 
fine for the offense committed by the defendant;
		(16)  a request fee for teen court program (Art. 
45.052, Code of Criminal Procedure) . . . not to exceed $10;
		(17)  a fee to cover costs of required duties of teen 
court (Art. 45.052, Code of Criminal Procedure) . . . $10;
		(18)  a mileage fee for officer performing certain 
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per 
mile;
		(19)  certified mailing of notice of hearing date (Art. 
102.006, Code of Criminal Procedure) . . . $1, plus postage;
		(20)  certified mailing of certified copies of an order 
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, 
plus postage;
		(20-a)  a fee to defray the cost of notifying state 
agencies of orders of expungement (Art. 45.0216, Code of Criminal 
Procedure) . . . $30 per application;
		(20-b)  a fee to defray the cost of notifying state 
agencies of orders of expunction (Art. 45.055, Code of Criminal 
Procedure) . . . $30 per application;
		(20-c)  a fee to defray the cost of notifying state 
agencies of orders of expungement (§ 106.12, Alcoholic Beverage 
Code) . . . $30 per application;
		(20-d)  a fee to defray the cost of notifying state 
agencies of orders of expungement (§ 161.255, Health and Safety 
Code) . . . $30 per application;
		(21)  sight orders:                                                           
			(A)  if the face amount of the check or sight order 
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . 
not to exceed $10;
			(B)  if the face amount of the check or sight order 
is greater than $10 but does not exceed $100 (Art. 102.007, Code of 
Criminal Procedure) . . . not to exceed $15;
			(C)  if the face amount of the check or sight order 
is greater than $100 but does not exceed $300 (Art. 102.007, Code of 
Criminal Procedure) . . . not to exceed $30;
			(D)  if the face amount of the check or sight order 
is greater than $300 but does not exceed $500 (Art. 102.007, Code of 
Criminal Procedure) . . . not to exceed $50;  and
			(E)  if the face amount of the check or sight order 
is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . 
. not to exceed $75;
		(22)  fees for a pretrial intervention program (Art. 
102.012, Code of Criminal Procedure)... $60 a month plus expenses;
		(23)  parking fee violations for child safety fund in 
municipalities with populations:
			(A)  greater than 850,000 (Art. 102.014, Code of 
Criminal Procedure) . . . not less than $2 and not to exceed $5;  and
			(B)  less than 850,000 (Art. 102.014, Code of 
Criminal Procedure) . . . not to exceed $5;
		(24)  an administrative fee for collection of fines, 
fees, restitution, or other costs (Art. 102.072, Code of Criminal 
Procedure) . . . not to exceed $2 for each transaction;
		(25)  a court reporter fee when testimony is taken:                           
			(A)  in a criminal court in Dallas County (§ 
25.0593, Government Code) . . . $3;
			(B)  in a county criminal court of appeals in 
Dallas County (§ 25.0594, Government Code) . . . $3;
			(C)  in a county court at law in McLennan County 
(§ 25.1572, Government Code) . . . $3;  and
			(D)  in a county criminal court in Tarrant County 
(§ 25.2223, Government Code) . . . $3;
		(26)  a speedy trial filing fee in El Paso County (§ 
54.745, Government Code) . . . $100;
		(27)  costs for use of magistrate in Brazos County 
(§ 54.1116, Government Code) . . . not to exceed $50;
		(28)  an administrative fee for participation in 
certain community supervision programs (§ 76.015, Government 
Code) . . . not less than $25 and not more than $40 per month;
		(29)  in family matters:                                                      
			(A)  issuing writ of withholding (§ 8.262, 
Family Code) . . . $15;      
			(B)  filing copy of writ of withholding to 
subsequent employer (§ 8.267, Family Code) . . . $15;
			(C)  issuing and delivering modified writ of 
withholding or notice of termination (§ 8.302, Family Code) . . . 
$15;
			(D)  issuing and delivering notice of termination 
of withholding (§ 8.303, Family Code) . . . $15;
			(E)  issuance of change of name certificate (§ 
45.106, Family Code) . . . $10;
			(F)  protective order fee (§ 81.003, Family 
Code) . . . $16;            
			(G)  filing suit requesting adoption of child 
(§ 108.006, Family Code) . . . $15;
			(H)  filing fees for suits affecting parent-child 
relationship (§ 110.002, Family Code):
				(i)  suit or motion for modification (§ 
110.002, Family Code) . . . $15;
				(ii)  motion for enforcement (§ 110.002, 
Family Code) . . . $15;       
				(iii)  notice of application for judicial 
writ of withholding (§ 110.002, Family Code) . . . $15;
				(iv)  motion to transfer (§ 110.002, 
Family Code) . . . $15;           
				(v)  petition for license suspension (§ 
110.002, Family Code) . . . $ 15;
				(vi)  motion to revoke a stay of license 
suspension (§ 110.002, Family Code) . . . $15;  and
				(vii)  motion for contempt (§ 110.002, 
Family Code) . . . $15;         
			(I)  order or writ of income withholding to be 
delivered to employer (§ 110.004, Family Code) . . . not to 
exceed $15;
			(J)  filing fee for transferred case (§ 
110.005, Family Code) . . . $ 45;
			(K)  filing a writ of withholding (§ 158.319, 
Family Code) . . . $ 15;  
			(L)  filing a request for modified writ of 
withholding or notice of termination (§ 158.403, Family Code) . 
. . not to exceed $15;
			(M)  filing an administrative writ to employer 
(§ 158.503, Family Code) . . . not to exceed $15;  and
			(N)  genetic testing fees in relation to a child 
born to a gestational mother (§ 160.762, Family Code) . . . as 
assessed by the court;
		(30)  in juvenile court:                                                      
			(A)  fee schedule for deferred prosecution 
services (§ 53.03, Family Code) . . . maximum fee of $15 a month;
			(B)  a teen court administration fee (§ 54.032, 
Family Code) . . . not to exceed $10;
			(C)  court costs for juvenile probation diversion 
fund (§ 54.0411, Family Code) . . . $20;
			(D)  a juvenile delinquency prevention fee (§ 
54.0461, Family Code) .  . . $5;  and
			(E)  a court fee for child's probationary period 
(§ 54.061, Family Code) . . . not to exceed $15 a month;
		(31)  a court reporter service fee if the courts have 
official court reporters (§ 51.601, Government Code) . . . $15;
		(32)  administrative fee on dismissal of charge of 
driving with an expired motor vehicle registration (§ 502.407, 
Transportation Code) . . . not to exceed $10;
		(33)  administrative fee on dismissal of charge of 
driving with an expired driver's license (§ 521.026, 
Transportation Code) . . . not to exceed $10;
		(34)  administrative fee on remediation of charge of 
driving with an expired inspection certificate (§ 548.605, 
Transportation Code) . . . not to exceed $10;
		(35)  administrative fee for failure to appear for a 
complaint or citation on certain offenses (§ 706.006, 
Transportation Code) . . . $30 for each violation;
		(36)  administrative fee for failure to pay or satisfy 
certain judgments (§ 706.006, Transportation Code) . . . $30;
		(37)  fee paid on filing a petition for an order of 
nondisclosure of criminal history record information in certain 
cases (§ 411.081, Government Code). . . $28;
		(38)  on a finding that an animal's owner has cruelly 
treated the animal, court costs including:
			(A)  investigation (§ 821.023, Health and 
Safety Code) . . . actual costs;
			(B)  expert witnesses (§ 821.023, Health and 
Safety Code) . . . actual costs;
			(C)  housing and caring for the animal during its 
impoundment (§ 821.023, Health and Safety Code) . . . actual 
costs;
			(D)  conducting any public sale ordered by the 
court (§ 821.023, Health and Safety Code) . . . actual costs;  
and
			(E)  humanely destroying the animal if 
destruction is ordered by the court (§ 821.023, Health and 
Safety Code) . . . actual costs;
		(39)  the costs of a criminal magistrate if the court 
determines that the nonprevailing party is able to defray the 
costs:
			(A)  in Bexar County (§ 54.913, Government 
Code) . . . magistrate's fees;
			(B)  in Dallas County (§ 54.313, Government 
Code) . . . magistrate's fees;
			(C)  in Lubbock County (§ 54.883, Government 
Code) . . . magistrate's fees;
			(D)  in Tarrant County (§ 54.663, Government 
Code) . . . magistrate's fees;
			(E)  in Travis County (§ 54.983, Government 
Code) . . . magistrate's fees;  and
			(F)  in Williamson County (§ 54.958, 
Government Code) . . . expense of the magistrate;  and
		(40)  a collection fee, if authorized by the 
commissioners court of a county or the governing body of a 
municipality, for certain debts and accounts receivable, including 
unpaid fines, fees, court costs, forfeited bonds, and restitution 
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 
percent of an amount more than 60 days past due.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 91, § 3, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 296, § 9, eff. Sept. 1, 2005;  Acts 
2005, 79th Leg., ch. 886, § 6, eff. Sept. 1, 2005.


	§ 103.022. MISCELLANEOUS FEES AND COSTS.  The following 
fees and costs shall be paid or collected as follows:
		(1)  fee for use of an interpreter in civil cases (§ 
21.051, Civil Practice and Remedies Code) . . . $3;
		(2)  fee for custodian of a record compelled by a court 
to produce or certify the record (§ 22.004, Civil Practice and 
Remedies Code) . . . $1;
		(3)  cost for use of certified copy of the record of 
names of all trustees appointed by any state organization of a 
religious congregation in this state (§ 126.012, Civil Practice 
and Remedies Code) . . . $1.50;
		(4)  filing of a restitution lien (Art. 42.22, Code of 
Criminal Procedure) . . . $5;
		(5)  issuance and service of a warrant of arrest for 
certain offenses if prescribed by the municipality (Art. 45.203, 
Code of Criminal Procedure) . .  . not to exceed $25;
		(6)  filing a certified copy of a judicial finding of 
fact and conclusion of law if charged by the secretary of state 
(§ 51.905, Government Code) .  . . $15;
		(7)  costs of determining and sending information 
concerning the identity of the court with continuing, exclusive 
jurisdiction if charged by the bureau of vital statistics (§ 
108.006, Family Code) . . . reasonable fee;
		(8)  initial operations fee paid to domestic relations 
office on filing of a suit affecting the parent-child relationship, 
if authorized by the administering entity (§ 203.005, Family 
Code) . . . not to exceed $15;
		(9)  initial child support service fee paid to domestic 
relations office in certain counties on filing of a suit affecting 
the parent-child relationship, if authorized by the administering 
entity (§ 203.005, Family Code) . . . not to exceed $36;
		(10)  service fee for services of a domestic relations 
office, if authorized by the administering entity (§ 203.005, 
Family Code) . . . not to exceed $3 per month;
		(11)  fee from a Title IV-D agency for each item of 
process to each individual on whom service is required, including 
service by certified or registered mail (§ 231.202, Family Code) 
. . . the amount that a sheriff or constable may charge for serving 
process under Section 118.131, Local Government Code;
		(12)  certain transactions with respect to a suit for 
spousal support or a suit affecting the parent-child relationship 
in Harris County, if authorized by the county commissioners court 
(§ 152.1074, Human Resources Code) . . . not to exceed $2 per 
transaction;
		(13)  child support service fee in Smith County if 
court allows assessment by child support office (§ 152.2183, 
Human Resources Code) . . . not to exceed $2.50 a month;
		(14)  services by the offices of the sheriff and 
constables (§ 118.131, Local Government Code). . . amount set by 
county commissioners court;
		(15)  cost paid by each surety posting the bail bond for 
an offense other than a misdemeanor punishable by fine only under 
Chapter 17, Code of Criminal Procedure, for the felony prosecutor 
supplement fund and the fair defense account (§ 41.258, 
Government Code). . . $15, provided the cost does not exceed $30 for 
all bail bonds posted at that time for an individual and the cost is 
not required on the posting of a personal or cash bond;
		(16)  appraiser's fee as court costs for determining 
the fair value of ownership interests of owners who have perfected 
their rights (§ 10.365, Business Organizations Code). . . a 
reasonable fee;  and
		(16-a)  an appraiser's fee as court costs for 
determining the fair value of the shares of the shareholders 
entitled to payment for their shares in a real estate investment 
trust (§ 25.20, Art. 6138A, Vernon's Texas Civil Statutes) . . . 
a reasonable fee;
		(16-b)  an appraiser's fee as court costs for 
determining the fair value of the shares of the shareholders 
entitled to payment for their shares by the existing, surviving, or 
new corporation (Art. 5.12, Texas Business Corporation Act) . . . a 
reasonable fee;
		(17)  to participate in a court proceeding in this 
state, a nonresident attorney fee for civil legal services to the 
indigent (§ 82. 0361, Government Code). . . $250 except as waived 
or reduced under supreme court rules for representing an indigent 
person.

Text of subd. (18) as amended by Acts 2005, 79th Leg., ch. 992, § 
30
		(18)  costs of investigation, reasonable attorney's 
fees, and reasonable expert witness fees in a civil suit or a 
criminal prosecution for recovery of the value of any fish, 
shellfish, reptile, amphibian, bird, or animal (§ 12.308, Parks 
and Wildlife Code) . . . actual costs.

Text of subd. (18) as amended by Acts 2005, 79th Leg., ch. 296, § 
10
		(18)  a witness's fee for one day to be paid by the party 
who subpoenas the witness (§ 22.001, Civil Practice and Remedies 
Code) . . . $10;
		(19)  on a party's appeal of a final decision in a 
contested case, the cost of preparing the original or a certified 
copy of the record of the agency proceeding, if required by the 
agency's rule, as a court cost (§ 2001.177, Government Code) . . 
. as assessed by the court, all or part of the cost of preparation;
		(20)  the costs of arbitration in cases between a 
juvenile board and a school district that fail to agree on a 
memorandum of understanding related to the juvenile justice 
alternative education program (§ 37.011, Education Code) . . . 
each party its pro rata share of the costs;
		(21)  compensation to a referee in juvenile court in 
Wichita County taxed as costs if the judge determines the parties 
are able to pay the costs (§ 54.403, Government Code) . . . as 
determined by the judge;
		(22)  the expense of preserving the record as a court 
cost in Brazos County if imposed on a party by the referring court 
or magistrate (§ 54.1111, Government Code) . . . actual cost;
		(23)  a filing fee or recording fee for each page of a 
legal paper presented for filing or recording that fails to meet 
certain requirements regarding paper size, weight, substance, 
headings, legibility, the presence of typed or printed names under 
each signature, and number and size of riders or attachments (§ 
191.007, Local Government Code) . . . twice the regular filing fee 
or recording fee provided by statute for that page, rider, or 
attachment;
		(24)  a processing fee as authorized by the 
commissioners court for the payment by credit card of a fee, court 
cost, or other charge processed by a county or precinct officer 
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount 
reasonably related to the expense incurred by the county or 
precinct officer but not to exceed five percent of the amount of the 
fee, court cost, or other charge being paid;
		(25)  a processing fee as authorized by the governing 
body of the municipality for the payment by credit card of a fee, 
court cost, or other charge processed by a municipal official 
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount 
reasonably related to the expense incurred by the municipal 
official but not to exceed five percent of the amount of the fee, 
court cost, or other charge being paid;
		(26)  a handling fee, if authorized by the 
commissioners court under Section 132.002, Local Government Code, 
for electronically processing the payment of a fee, fine, court 
cost, or other charge (Secs. 132.002 and 132.003, Local Government 
Code):
			(A)  charged at a flat rate that does not exceed $5 
for each payment transaction;  or
			(B)  charged at a rate reasonably related to the 
expense incurred in processing a payment and that does not exceed 
five percent of the amount of the fee, court cost, or other charge 
being paid;
		(27)  a fee, if authorized by the commissioners court, 
collected by a county or precinct officer on behalf of the county 
from a person making payment by credit card of a fee, court cost, or 
other charge (§ 132.003, Local Government Code) . . . an amount 
equal to the amount of any transaction fee charged to the county by 
a vendor providing services in connection with payments made by 
credit card;
		(28)  a fee for sale of securities under an offering 
that has not been registered, if the transaction or securities are 
not exempt (Art. 581-35-2, Vernon's Texas Civil Statutes) . . . as 
set by the securities commissioner or court, but not to exceed six 
times the amount that would have been paid if the issuer had filed 
an application to register the securities and paid the fee 
prescribed based on the amount of sales made in this state within 
the prior three years, plus interest on that amount from the date of 
the first sale made in this state until the date the fee is paid;  
and
		(29)  a fee for mailing an order vacating or staying an 
order suspending a license to the appropriate licensing authority 
(§ 232.013, Family Code) . . . $5 for each order mailed.

Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.  
Amended by Acts 2005, 79th Leg., ch. 296, § 10, eff. Sept. 1. 
2005;  Acts 2005, 79th Leg., ch. 992, § 30, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1171, § 4, eff. Oct. 1, 2005.