GOVERNMENT CODE
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 (Art. 56.55,
Code of Criminal Procedure) . . . $45;
(2) court costs on conviction of certain municipal
ordinances or misdemeanors (Art. 56.55, Code of Criminal Procedure)
. . . $35/$15;
(3) court costs on certain convictions in certain
statutory county courts (§ 51.702, Government Code) . . . $15;
(4) court costs on certain convictions in certain
county courts (§ 51.703, Government Code) . . . $15;
(5) a time payment fee (§ 51.921, Government Code)
. . . $25;
(6) court costs on any criminal offense for judicial
and court personnel training fund (§ 56.001, Government Code) .
. . $2;
(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) cost for fugitive apprehension (Art. 102.019,
Code of Criminal Procedure) . . . $5;
(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 a felony or an offense punishable by
imprisonment or confinement in jail for a term of more than one year
(Art. 102.075, Code of Criminal Procedure) . . . $81;
(20) court cost on a Class A or B misdemeanor, offense
punishable by confinement in jail for a term of not more than one
year, or a municipal ordinance punishable by a fine of more than
$500 (Art. 102.075, Code of Criminal Procedure) . . . $41;
(21) court cost of any offense punishable by fine
only, other than a municipal ordinance punishable by a fine of more
than $500 (Art. 102.075, Code of Criminal Procedure) . . . $18;
(22) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (§ 542.403,
Transportation Code) . . . $3; and
(23) cost for impoundment of vehicle (§ 601.263,
Transportation Code) . . . $15 per day.
Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.
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) . . . $20;
(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.
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) . . . $20;
(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 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.
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) . . . $20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5.
Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.
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;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . not to exceed $4;
and
(6) a court cost on conviction in Comal County (§
152.0522, Human Resources Code) . . . $1.50.
Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.
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; and
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4.
Added by Acts 2003, 78th Leg., ch. 1278, § 1, eff. June 21, 2003.
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 transcript preparation fee
(§ 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.
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 $ 25; 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.
