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; and
(7) fines on conviction imposed under Section
621.506(g), Transportation Code.
Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1,
2004.
§ 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; and
(9) marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022.
Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1,
2004.
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.
Added by Acts 2003, 78th Leg., ch. 209, § 62(a), eff. Jan. 1,
2004.
§ 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) 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) 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.
(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.
§ 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.
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 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.
