Texas Local Government Code 133.151 – State Consolidated Civil Fee On Filing a Civil Case
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(a) The clerk of a district court, statutory county court, statutory probate court, or county court shall collect:
(1) a fee in the amount of $137 on the filing of any civil, probate, guardianship, or mental health case; and
(2) a fee in the amount of $45 on any action other than an original action subject to Subdivision (1), including any counterclaim, cross-action, intervention, contempt action, adverse probate action, interpleader, motion for new trial, motion to reinstate, or third-party action.
(a-1) The clerk of a justice court shall collect a fee in the amount of $21 on the filing of any civil case and on any action other than an original action for the civil case, including an appeal and any counterclaim, cross-action, intervention, contempt action, interpleader, motion for new trial, motion to reinstate, or third-party action.
Terms Used In Texas Local Government Code 133.151
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The fees under this section shall be collected and remitted either:
(1) directly to the treasury by the Office of Court Administration of the Texas Judicial System for fees paid using the electronic filing system established under § 72.031, Government Code; or
(2) to the comptroller in the manner provided by Subchapter B for fees paid to an officer of a court.
(c) The comptroller shall allocate the fees received under Subsection (a)(1) 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, except that the account or fund may not receive less than the following percentages:
(1) the judicial fund to be used for court-related purposes for the support of the judiciary
59.854 percent;
(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
14.5985 percent;
(3) the statewide electronic filing system fund
21.8978 percent; and
(4) the judicial and court personnel training fund
3.6497 percent.
(d) The comptroller shall allocate the fees received under Subsection (a)(2) 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, except that the account or fund may not receive less than the following percentages:
(1) the basic civil legal services account of the judicial fund for use in programs approved by the supreme court that provide basic legal services to an indigent
22.2222 percent;
(2) the statewide electronic filing system fund
66.6667 percent; and
(3) the judicial and court personnel training fund
11.1111 percent.
(e) The comptroller shall allocate the fees received under Subsection (a-1) 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, except that the account or fund may not receive less than the following percentages:
(1) 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
28.5714 percent;
(2) the statewide electronic filing system fund
47.6191 percent; and
(3) the judicial and court personnel training fund
23.8095 percent.