2005 Texas Local Government Code CHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER

LOCAL GOVERNMENT CODE

CHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER

SUBCHAPTER A. GENERAL PROVISIONS


	§ 133.001. PURPOSE.  The purpose of this chapter is to 
consolidate and standardize:
		(1)  collection of fees in criminal and civil matters 
by:                   
			(A)  an officer of a court for deposit in a county 
or municipal treasury;  or
			(B)  an officer of a county or municipality for 
deposit in the county or municipal treasury, as appropriate;
		(2)  remittance of those fees to the comptroller as 
required by this chapter and other law;  and
		(3)  distribution of those fees by the comptroller to 
the proper accounts and funds in the state treasury.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Fee" means:                                                             
			(A)  a criminal fee listed under Section 133.003;  
and                     
			(B)  a civil fee listed under Section 133.004.                               
		(2)  "Indigent" means an individual who earns not more 
than 125 percent of the income standard established by applicable 
federal poverty guidelines.
		(3)  "Treasurer" means the custodian of money in a 
municipal or county treasury, as appropriate.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.003. CRIMINAL FEES.  This chapter applies to the 
following criminal fees:
		(1)  the consolidated fee imposed under Section 
133.102;                    
		(2)  the time payment fee imposed under Section 
133.103;                    
		(3)  fees for services of peace officers employed by 
the state imposed under Article 102.011, Code of Criminal 
Procedure, and forwarded to the comptroller as provided by Section 
133.104;
		(4)  costs on conviction imposed in certain statutory 
county courts under Section 51.702, Government Code, and deposited 
in the judicial fund;
		(5)  costs on conviction imposed in certain county 
courts under Section 51.703, Government Code, and deposited in the 
judicial fund;
		(6)  the administrative fee for failure to appear or 
failure to pay or satisfy a judgment imposed under Section 706.006, 
Transportation Code;
		(7)  fines on conviction imposed under Section 
621.506(g), Transportation Code;
		(8)  the fee imposed under Article 102.0045, Code of 
Criminal Procedure;  and
		(9)  the cost on conviction imposed under Section 
133.105 and deposited in the judicial fund.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.  Amended by Acts 2005, 79th Leg., ch. 1360, § 7, eff. Sept. 
1, 2005;  Acts 2005, 79th Leg., 2nd C.S., ch. 3, § 10, eff. Dec. 
1, 2005.

For text of section effective until December 1, 2005, see § 
133.003, ante.


	§ 133.004. CIVIL FEES.  This chapter applies to the 
following civil fees: 
		(1)  the consolidated fee on filing in district court 
imposed under Section 133.151;
		(2)  the filing fee in district court for basic civil 
legal services for indigents imposed under Section 133.152;
		(3)  the filing fee in courts other than district court 
for basic civil legal services for indigents imposed under Section 
133.153;
		(4)  the filing fees for the judicial fund imposed in 
certain statutory county courts under Section 51.702, Government 
Code;
		(5)  the filing fees for the judicial fund imposed in 
certain county courts under Section 51.703, Government Code;
		(6)  the filing fees for the judicial fund imposed in 
certain statutory probate courts under Section 51.704, Government 
Code;
		(7)  fees collected under Section 118.015;                                    
		(8)  marriage license fees for the family trust fund 
collected under Section 118.018;
		(9)  marriage license or declaration of informal 
marriage fees for the child abuse and neglect prevention trust fund 
account collected under Section 118.022;  and
		(10)  the filing fee for the judicial fund imposed in 
district court, statutory county court, and county court under 
Section 133.154.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.  Amended by Acts 2005, 79th Leg., 2nd C.S., ch. 3, § 11, 
eff. Dec. 1, 2005.

For text of section effective until December 1, 2005, see § 
133.004, ante.

SUBCHAPTER B. REPORTING, COLLECTION, AND REMITTANCE OF FEES


	§ 133.051. COLLECTION AND REMITTANCE OF FEES.  A 
municipality or county shall collect, record, account for, and 
remit to the comptroller all fees in the manner provided by this 
subchapter.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.052. DEPOSIT OF FEES.  (a) An officer collecting a 
fee in a case in municipal court shall deposit the money in the 
municipal treasury.
	(b)  An officer collecting a fee in a justice, county, or 
district court shall deposit the money in the county treasury.
	(c)  A municipal or county clerk collecting a fee shall 
deposit the money in the municipal or county treasury, as 
appropriate.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.053. INTEREST-BEARING ACCOUNT.  (a) The treasurer 
may deposit fees in an interest-bearing account.
	(b)  The municipality or county may retain any interest 
accrued on the money the treasurer deposited in the treasury if the 
treasurer remits the funds to the comptroller within the period 
prescribed by Section 133.055(a).

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.054. RECORDS.  (a) An officer or clerk collecting a 
fee shall keep a record of the money collected.
	(b)  The treasurer shall keep a record of the money collected 
and on deposit in the treasury.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.055. QUARTERLY REMITTANCE OF FEES TO THE 
COMPTROLLER.  (a) On or before the last day of the month following 
each calendar quarter, the treasurer shall:
		(1)  remit to the comptroller the money from all fees 
collected during the preceding quarter, except as provided by 
Section 133.058;  and
		(2)  submit to the comptroller the report required 
under Section 133.056 for criminal fees and Section 133.057 for 
civil fees.
	(b)  If the treasurer does not collect any fees during a 
calendar quarter, the treasurer shall file the report required for 
the quarter in the regular manner.  The report must state that no 
fees were collected.  This subsection does not apply to fees 
collected under Sections 14 and 19, Article 42.12, Code of Criminal 
Procedure, or under Section 76.013, Government Code.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.056. QUARTERLY REPORT FOR CRIMINAL FEES.  (a) On 
the last day of the month following a calendar quarter, the 
treasurer shall report the criminal fees collected for the 
preceding calendar quarter.
	(b)  For fees collected for convictions of offenses 
committed on or after January 1, 2004, a municipality or county 
shall report the fees collected for a calendar quarter categorized 
according to the class of offense.
	(c)  For fees collected for convictions of offenses 
committed before January 1, 2004, a municipality or county shall 
report the total of fees collected for a calendar quarter.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.057. QUARTERLY REPORT FOR CIVIL FEES.  On the last 
day of the month following a calendar quarter, the treasurer shall 
report the civil fees collected for the preceding calendar quarter.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 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.
	(d)  A county may not retain a service fee on the collection 
of a fee:       
		(1)  for the judicial fund;  or                                               
		(2)  under Sections 14 and 19, Article 42.12, Code of 
Criminal Procedure.   
	(e)  A municipality or county may not retain a service fee 
if, during an audit under Section 133.059 of this code or Article 
103.0033(j), Code of Criminal Procedure, the comptroller 
determines that the municipality or county is not in compliance 
with Article 103.0033, Code of Criminal Procedure.  The 
municipality or county may continue to retain a service fee under 
this section on receipt of a written confirmation from the 
comptroller that the municipality or county is in compliance with 
Article 103.0033, Code of Criminal Procedure.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.  Amended by Acts 2005, 79th Leg., ch. 899, § 10.02, eff. 
Aug. 29, 2005.


	§ 133.059. AUDIT.  (a) The comptroller may audit the 
records of a county or municipality relating to fees collected 
under this chapter.
	(b)  Money spent from fees collected under this chapter is 
subject to audit by the state auditor.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      

SUBCHAPTER C. CRIMINAL FEES


	§ 133.101. MEANING OF CONVICTION.  In this subchapter, a 
person is considered to have been convicted in a case if:
		(1)  a judgment, a sentence, or both a judgment and a 
sentence are imposed on the person;
		(2)  the person receives community supervision, 
deferred adjudication, or deferred disposition;  or
		(3)  the court defers final disposition of the case or 
imposition of the judgment and sentence.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.102.  CONSOLIDATED FEES ON CONVICTION.  (a)  A 
person convicted of an offense shall pay as a court cost, in 
addition to all other costs:
		(1)  $133 on conviction of a felony;                                          
		(2)  $83 on conviction of a Class A or Class B 
misdemeanor;  or             
		(3)  $40 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.
	(b)  The court costs under Subsection (a) shall be collected 
and remitted to the comptroller in the manner provided by 
Subchapter B.
	(c)  The money collected under this section as court costs 
imposed on offenses committed on or after January 1, 2004, shall be 
allocated according to the percentages provided in Subsection (e).
	(d)  The money collected as court costs imposed on offenses 
committed before January 1, 2004, shall be distributed using 
historical data so that each account or fund receives the same 
amount of money the account or fund would have received if the court 
costs for the accounts and funds had been collected and reported 
separately.
	(e)  The comptroller shall allocate the court costs received 
under this section to the following accounts and funds so that each 
receives to the extent practicable, utilizing historical data as 
applicable, the same amount of money the account or fund would have 
received if the court costs for the accounts and funds had been 
collected and reported separately, except that the account or fund 
may not receive less than the following percentages:
		(1)  abused children's counseling  0.0088 percent;                            
		(2)  crime stoppers assistance     0.2581 percent;                            
		(3)  breath alcohol testing        0.5507 percent;                            
		(4)  Bill Blackwood Law Enforcement Management 
Institute2.1683 percent;     
		(5)  law enforcement officers standards and 
education5.0034 percent;        
		(6)  comprehensive rehabilitation  5.3218 percent;                            
		(7)  operator's and chauffeur's license   11.1426 
percent;                  
		(8)  criminal justice planning    12.5537 percent;                            
		(9)  an account in the state treasury to be used only 
for the establishment and operation of the Center for the Study and 
Prevention of Juvenile Crime and Delinquency at Prairie View A&M 
University1.2090 percent;
		(10)  compensation   to   victims   of       crime 
fund37.6338 percent;     
		(11)  fugitive apprehension account12.0904 percent;                           
		(12)  judicial and court personnel training 
fund    4.8362 percent;         
		(13)  an account in the state treasury to be used  for   
the   establishment   and   operation   of   the  Correctional  
Management  Institute  of   Texas  and   Criminal   JusticeCenter  
Account1.2090 percent; and
		(14)  fair defense account         6.0143 percent.                            
	(f)  Of each dollar credited to the law enforcement officers 
standards and education account under Subsection (e)(5):
		(1)  33.3 cents may be used only to pay administrative 
expenses;  and       
		(2)  the remainder may be used only to pay expenses 
related to continuing education for persons licensed under Chapter 
1701, Occupations Code.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.103. TIME PAYMENT FEE.  (a) A person convicted of an 
offense shall pay, in addition to all other costs, a fee of $25 if 
the person:
		(1)  has been convicted of a felony or misdemeanor;  and                      
		(2)  pays 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.
	(b)  Except as provided by Subsection (c-1), the treasurer 
shall send 50 percent of the fees collected under this section to 
the comptroller.  The comptroller shall deposit the fees received 
to the credit of the general revenue fund.
	(c)  Except as provided by Subsection (c-1), the treasurer 
shall deposit 10 percent of the fees collected under this section in 
the general fund of the county or municipality for the purpose of 
improving the efficiency of the administration of justice in the 
county or municipality.  The county or municipality shall 
prioritize the needs of the judicial officer who collected the fees 
when making expenditures under this subsection and use the money 
deposited to provide for those needs.
	(c-1)  The treasurer shall send 100 percent of the fees 
collected under this section to the comptroller if, during an audit 
under Section 133.059 of this code or Article 103.0033(j), Code of 
Criminal Procedure, the comptroller determines that the 
municipality or county is not in compliance with Article 103.0033, 
Code of Criminal Procedure.  The municipality or county shall 
continue to dispose of fees as otherwise provided by this section on 
receipt of a written confirmation from the comptroller that the 
municipality or county is in compliance with Article 103.0033, Code 
of Criminal Procedure.
	(d)  The treasurer shall deposit the remainder of the fees 
collected under this section in the general revenue account of the 
county or municipality.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.  Amended by Acts 2005, 79th Leg., ch. 899, § 10.03, eff. 
Aug. 29, 2005.


	§ 133.104. FEES FOR SERVICES OF PEACE OFFICERS EMPLOYED BY 
THE STATE.  (a) Fees imposed under Article 102.011, Code of 
Criminal Procedure, for services performed by peace officers 
employed by the state shall be forwarded to the comptroller after 
deducting four-fifths of the amount of each fee received for a 
service performed under Subsection (a)(1) or (a)(2) of that 
article, in a manner directed by the comptroller.
	(b)  The comptroller shall credit fees received under 
Subsection (a) to the general revenue fund.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.105. FEE FOR SUPPORT OF COURT-RELATED 
PURPOSES.  (a)  A person convicted of any offense, other than an 
offense relating to a pedestrian or the parking of a motor vehicle, 
shall pay as a court cost, in addition to all other costs, a fee of 
$4 to be used for court-related purposes for the support of the 
judiciary.
	(b)  The treasurer shall deposit 60 cents of each fee 
collected under this section in the general fund of the 
municipality or county to promote the efficient operation of the 
municipal or county courts and the investigation, prosecution, and 
enforcement of offenses that are within the jurisdiction of the 
courts.
	(c)  The treasurer shall remit the remainder of the fees 
collected under this section to the comptroller in the manner 
provided by Subchapter B. The comptroller shall deposit the fees in 
the judicial fund.

Added by Acts 2005, 79th Leg., 2nd C.S., ch. 3, § 12, eff. Dec. 1, 
2005. 

SUBCHAPTER D. CIVIL FEES


	§ 133.151. CONSOLIDATED CIVIL FEE ON FILING A CIVIL SUIT 
IN DISTRICT COURT.  (a) In addition to each fee collected under 
Section 51.317(b)(1), Government Code, the clerk of a district 
court shall collect the following fees on the filing of any civil 
suit:
		(1)  $45 for family law cases and proceedings as 
defined by Section 25.0002, Government Code;  and
		(2)  $50 for any case other than a case described by 
Subdivision (1).       
	(b)  The fees under Subsection (a) shall be collected and 
remitted to the comptroller in the manner provided by Subchapter B.
	(c)  The comptroller shall allocate the fees received under 
this section to the following accounts and funds so that each 
receives to the extent practicable, utilizing historical data as 
applicable, the same amount of money the account or fund would have 
received if the fees for the accounts and funds had been collected 
and reported separately:
		(1)  the judicial fund to be used for court-related 
purposes for the support of the judiciary;  and
		(2)  the basic civil legal services account of the 
judicial fund for use in programs approved by the supreme court that 
provide basic civil legal services to an indigent.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.152. ADDITIONAL FILING FEES FOR CERTAIN ACTIONS AND 
PROCEEDINGS IN DISTRICT COURT FOR BASIC CIVIL LEGAL SERVICES FOR 
INDIGENTS.  (a) In addition to other fees authorized or required by 
law, the clerk of a district court shall collect the following fees 
on the filing any civil action or proceeding requiring a filing fee, 
including an appeal, and on the filing of any counterclaim, 
cross-action, intervention, interpleader, or third-party action 
requiring a filing fee:
		(1)  $5 in family law cases and proceedings as defined 
by Section 25.0002, Government Code;  and
		(2)  $10 in any case other than a case described by 
Subdivision (1).        
	(b)  The fees under this section shall be collected and 
remitted to the comptroller in the manner provided by Subchapter B.
	(c)  The comptroller shall deposit the fees to the credit of 
the basic civil legal services account of the judicial fund for use 
in programs approved by the supreme court that provide basic civil 
legal services to an indigent.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.153. ADDITIONAL FILING FEES FOR CERTAIN ACTIONS AND 
PROCEEDINGS IN COURTS OTHER THAN DISTRICT COURT FOR BASIC CIVIL 
LEGAL SERVICES FOR INDIGENTS.  (a) In addition to other fees 
authorized or required by law, the clerk of a court other than a 
district court, the courts of appeals, or the supreme court shall 
collect the following fees on the filing of any civil action or 
proceeding requiring a filing fee, including an appeal, and on the 
filing of any counterclaim, cross-action, intervention, 
interpleader, or third-party action requiring a filing fee:
		(1)  $5 for statutory and constitutional county courts;  
and                
		(2)  $2 for justice of the peace courts.                                      
	(b)  The fees shall be collected and remitted to the 
comptroller in the manner provided by Subchapter B.
	(c)  The comptroller shall deposit the fees to the credit of 
the basic civil legal services account of the judicial fund for use 
in programs approved by the supreme court that provide basic civil 
legal services to an indigent.

Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1, 
2004.      


	§ 133.154. ADDITIONAL FILING FEE IN DISTRICT COURT, 
STATUTORY COUNTY COURT, OR COUNTY COURT FOR SUPPORT OF 
JUDICIARY.  (a)  In addition to other fees authorized or required 
by law, the clerk of a district court, statutory county court, or 
county court shall collect a fee of $37 on the filing of any civil 
suit to be used for court-related purposes for the support of the 
judiciary.
	(b)  The treasurer shall remit the fees collected under this 
section to the comptroller in the manner provided by Subchapter B. 
The comptroller shall deposit the fees in the judicial fund.

Added by Acts 2005, 79th Leg., 2nd C.S., ch. 3, § 13, eff. Dec. 1, 
2005.