CHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLER - Texas Statutes

LOCAL GOVERNMENT CODETITLE 4. FINANCESSUBTITLE C. FINANCIAL PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENTCHAPTER 133. CRIMINAL AND CIVIL FEES PAYABLE TO THE COMPTROLLERSUBCHAPTER A. GENERAL PROVISIONSSec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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;(9) the cost on conviction imposed under Section 133.105 and deposited in the judicial fund; and(10) the cost on conviction imposed under Section 133.107.

Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 1360, Sec. 7, eff. September 1, 2005.Acts 2005, 79th Leg., 2nd C.S., Ch. 3, Sec. 10, eff. December 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 5, eff. September 1, 2007.

Text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 13For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 718, Sec. 6, see other Sec. 133.004.For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1149, Sec. 4, see other Sec. 133.004.Sec. 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;(10) the filing fee for the judicial fund imposed in district court, statutory county court, and county court under Section 133.154; and(11) the portion of the civil or administrative penalty described by Section 542.406(c)(1), Transportation Code, imposed by a local authority to enforce compliance with the instructions of a traffic-control signal.

Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., 2nd C.S., Ch. 3, Sec. 11, eff. December 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 13, eff. September 1, 2007.

Text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 718, Sec. 6For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 13, see other Sec. 133.004.For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1149, Sec. 4, see other Sec. 133.004.Sec. 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 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, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., 2nd C.S., Ch. 3, Sec. 11, eff. December 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 718, Sec. 6, eff. September 1, 2007.

Text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1149, Sec. 4For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 718, Sec. 6, see other Sec. 133.004.For text of section as amended by Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 13, see other Sec. 133.004.Sec. 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;(10) the filing fee for the judicial fund imposed in district court, statutory county court, and county court under Section 133.154; and(11) the portion of the civil or administrative penalty described by Section 707.008(a)(1), Transportation Code, imposed by a local authority to enforce compliance with the instructions of a traffic-control signal.

Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., 2nd C.S., Ch. 3, Sec. 11, eff. December 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1149, Sec. 4, eff. September 1, 2007.

SUBCHAPTER B. REPORTING, COLLECTION, AND REMITTANCE OF FEESSec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

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.(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, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 899, Sec. 10.02, eff. August 29, 2005.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

SUBCHAPTER C. CRIMINAL FEESSec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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 Institute

2.1683 percent;

(5) law enforcement officers standards and education

5.0034 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 University

1.2090 percent;

(10) compensation to victims of crime fund

37.6338 percent;

(11) fugitive apprehension account

12.0904 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 Justice Center Account

1.2090 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2005, 79th Leg., Ch. 899, Sec. 10.03, eff. August 29, 2005.

Sec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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 $6 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, Sec. 12, eff. December 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 3, eff. October 1, 2007.

Sec. 133.107. FEE FOR SUPPORT OF INDIGENT DEFENSE REPRESENTATION. (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 other costs, a fee of $2 to be used to fund indigent defense representation through the fair defense account established under Section 71.058, Government Code.(b) The treasurer shall remit a fee collected under this section to the comptroller in the manner provided by Subchapter B. The comptroller shall credit the remitted fees to the credit of the fair defense account established under Section 71.058, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 6, eff. September 1, 2007.

SUBCHAPTER D. CIVIL FEESSec. 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, Sec. 62(a), eff. Jan. 1, 2004.

Sec. 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 collected under Section 133.151(a) or otherwise authorized or required by law, the clerk of a district 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 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, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1183, Sec. 4, eff. September 1, 2009.

Sec. 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) $10 for statutory and constitutional county courts; and(2) $6 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, Sec. 62(a), eff. Jan. 1, 2004.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1183, Sec. 5, eff. September 1, 2009.

Sec. 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 $42 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, Sec. 13, eff. December 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1301, Sec. 4, eff. October 1, 2007.