2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.318. Fees Due When Service Performed or Requested

Sec. 51.318.  FEES DUE WHEN SERVICE PERFORMED OR REQUESTED.  (a)  The district clerk shall collect at the time the service is performed or at the time the service is requested the fees provided by Subsection (b) for services performed by the clerk.
(b)  The fees are:
(1)  for issuing a subpoena, including one copy$8;(2)  for issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration, or any other writ or process not otherwise provided for, including one copy if required by law$8;(3)  for searching files or records to locate a cause when the docket number is not provided or to ascertain the existence of an instrument or record in the district clerk's office$5;(4)  for abstracting a judgment$8;(5)  for preparation of the clerk's record on appeal, for each page or part of a page$1;(6)  for approving a bond$5;
(7)  for a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office:
(A)  including certificate and seal$5; and
(B)  for each page or part of a page:
(i)  printed on paper$1;(ii)  that is a paper document converted to electronic format$1; or
(iii)  that is an electronic copy of an electronic document:
(a)  for a document up to 10 pages in length$1; and(b)  for each page or part of a page over 10 pages$0.10;
(8)  for a noncertified copy:
(A)  printed on paper, for each page or part of a page$1;(B)  that is a paper document converted to electronic format, for each page or part of a page$1; or
(C)  that is an electronic copy of an electronic document:
(i)  for each document up to 10 pages in length$1; and(ii)  for each page or part of a page over 10 pages$0.10;
(9)  for preparation of the clerk's record of transfer under Sections 33.105 and 1023.006, Estates Code, Section 155.207, Family Code, and Sections 51.3071 and 51.403 of this code:
(A)  for the clerk's transfer certificate and index$5;(B)  for each page or part of a page of a case record up to 10 pages in length$1.00; and(C)  for each page or part of a page of a case record over 10 pages$0.10.
(c)  The fee is the obligation of the party to the suit or action initiating the request.
(d)  The district clerk may accept a bond as security for a fee imposed under this section.
(e)  The district clerk may not charge a fee for a copy of any document on file or of record in the clerk's office relating to an individual's criminal history, regardless of whether the document is certified, to:
(1)  United States Immigration and Customs Enforcement;
(2)  United States Citizenship and Immigration Services; or
(3)  a criminal justice agency that requests the document for a criminal justice purpose, including a request to determine an individual's eligibility to purchase a firearm.
(f)  In this section, "criminal justice agency" and "criminal justice purpose" have the meanings assigned by Section 411.082.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 186, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 465, Sec. 1, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 641, Sec. 1.02, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 976, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 237 (H.B. 627), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 11, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.12, eff. January 1, 2022.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 13, eff. January 1, 2024.
Acts 2023, 88th Leg., R.S., Ch. 323 (H.B. 1989), Sec. 1, eff. September 1, 2023.