County Clerk Fees & Court Costs Judicial Reporting CDCAT 2019 - PDF document

County Clerk Fees & Court Costs Judicial Reporting CDCAT 2019 Winter Conference Clerks 101 Fees & Court Costs • Get familiar with the following statutes: Local Government Code, Property Code, Texas Business & Commerce Code, Texas Agriculture Code, Government Code, Code of Criminal Procedure, Health & Safety Code, Texas Administrative Code, and Texas Family Code • Fees charged in our offices may be found across several statutes. Some are mandatory fees, some are discretionary fees, some are county specific fees and some must first be approved by your commissioner court ‐ you will have to do some research. • Reference the statute that authorizes the collection of the fee ‐ it will cut down on the challenges you receive from attorneys ‐ as a new clerk you will be tested! • When working on your fee sheets, ask “why” “what” “where” “when”. Why do we charge the fee? What are the guidelines and restrictions? Where does the fee go ‐ County or State, General Fund or Special Fund? When do we charge the fee? Don’t rely on anyone ever saying “because that’s what we’ve always done it”. You need to know why because laws change and fees change. Ask your legal counsel for help in determining if the statute applies if you’re not sure. Fees & Court Costs • Be aware of any new fees passed by Legislation! When does the fee or fee change go into effect? Typically if it is a STATE fee it begins in September, County fees begin in January. • Be transparent. Put your filing fee schedule through Commissioner Court, post it on the county website. • You can find helpful information regarding fees on the Office of Court Administration website at www.txcourts.gov • Visit other county websites and look at their fees. 1

Fees & Court Costs: Co Coun unty Clerk Clerk Re Records Ma Manageme ment, Pr Preser ervati tion on and and Ar Arch chiv ive • County Clerk Archive Fee ‐ Local Government Code 118.025 $10.00 • (Legislative committee trying to repeal fee being reduced back to $5) • The Commissioner Court must adopt the fee prior to collection • Clerk must have notice of fee posted in the office • Clerk must submit a written plan for approval prior to expenditure • Must post notice in paper no later than 15 th day prior to date of hearing • Must be done during the budget process (annually in order to expend funds) • Funds must not be used to purchase, lease or develop computer software • Fee does not apply to civil/criminal cases • Records Management and Preservation Fee ‐ Local Government Code 118.0216 $10.00 • (Legislative committee trying to repeal fees being reduced back to $5) • No approval from Commissioner Court to collect • No posting required to collect • No written plan required for expenditure • Can be used for specific records management and preservation including automation • Fee does not apply to civil/criminal cases Fees & Court Costs: Co Coun unty Clerk Clerk Re Records Ma Manageme ment, Pr Preser ervati tion on and and Ar Arch chiv ive • Records Management and Preservation Fee ‐ Civil Cases ‐ Local Government Code 118.0546 $5.00 • Not restricted in statute to use by the clerk • Must be paid at time of filing any civil case or ancillary pleading • Expenditures require approval from Commissioner Court • Court Record Preservation Fee ‐ Government Code 51.708 $10.00 • Collected in each civil case filed • Used only to digitize court records and preserve from natural disasters • Administered by or under direction of Commissioners Court • Vital Statistics Records Preservation ‐ Health & Safety Code 191.0045(h) $1.00 • County Clerk may collect • Used for preserving vital records ‐ birth, death, fetal death, marriage, divorce, annulment • Used for training registrar, county clerk employees regarding vital records • Used to ensure safety and security of vital records • If collected, shall be collected on issuance of vital records including a record issued through a remote birth access site. Fees & Court Costs: Co Coun unty Clerk Clerk Co Court urt Te Technology Fe Fee • Court Record Technology Fee ‐ Code of Criminal Procedure 102.0169 • A defendant convicted of a criminal offense in a county court, statutory county court, or district court shall pay a $4.00 county and district court technology fee as cost of court. • A person is considered convicted if • A sentence is imposed on the person • The person received community supervision, including deferred adjudication • The court defers final disposition of the person’s case • The funds may be used only to finance: • Cost of continuing education and training for county court, statutory county court, district court judges and clerks regarding technological enhancements for those courts • The purchase and maintenance of technological enhancements for a county court, statutory county court or district court, including: • Computer systems, computer networks, computer hardware, computer software, imaging systems, electronic kiosks and docket management systems 2

Fees & Court Costs: Jud Judici cial & Cour Court Pe Personnel Sec Securi rity ty Training ning Fe Fee • Texas Government Code 51.971 (this fee was added in 2017 by SB 42) • (a) In addition to other fees authorized or required by law, the clerk of a district court, county court, statutory county court, statutory probate court, or justice court shall collect a $5 fee 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 to be used as provided under Section 56.003. • (b) A court may waive payment of a fee due under this section for an individual the court determines is indigent. • (c) Fees due under this section shall be collected in the same manner as other fees, fines, or costs in the case. • (d) The clerk of a district court, county court, statutory county court, statutory probate court, or justice court shall deposit the court costs and fees collected under this section in the appropriate local treasury and remit the court costs and fees to the comptroller in the manner provided under Subchapter B, Chapter 133, Local Government Code. • (e) The comptroller shall deposit the fees received under this section to the credit of the judicial and court personnel training fund established under Section 56.001. • (f) The comptroller may audit the records of a county related to costs and fees collected under this section. Fees & Court Costs: Appo ppointment & Fees ees Re Reporting • Chapter 36 of the Government Code requires the clerk of each court in the state to prepare a report every month on court appointments made and any fees approved/paid for an attorney ad litem, competency evaluator, guardian, guardian ad litem, or mediator, with a few exceptions. • Report for EACH court in county • Report even if no activity • Courts not complying are not eligible for any grant funds from the State • The report is due to the Office of Court Administration (OCA) no later than 15 days following the end of the month reported. • A copy of the report must be posted at the courthouse and on the court’s website. Fees & Court Costs: Mo Monthl nthly Jud Judicial Re Reporting to to the the St State • Each month you are required to report judicial activity to the Office of Court Administration (OCA) • These reports must be done electronically by uploading XML files • https://card.txcourts.gov You will need to have a login and password assigned for your courts. If you have county court and county court at law, you will have separate logins. For assistance with login IDs, passwords or other technical issues, call (512) 463-1642 There is some great information, tools, instructions on the OCA website: http://www.txcourts.gov/reporting-to-oca/judicial-council-trial-court-activity-reports/district-county-court-reports/ 3