Texas Statutes (Last Updated: January 4, 2014) |
CIVIL PRACTICE AND REMEDIES CODE |
Title 2. TRIAL, JUDGMENT, AND APPEAL |
Subtitle A. GENERAL PROVISIONS |
Chapter 14. INMATE LITIGATION |
Sec. 14.006. COURT FEES, COURT COSTS, OTHER COSTS
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(a) A court may order an inmate who has filed a claim to pay court fees, court costs, and other costs in accordance with this section and Section 14.007. The clerk of the court shall mail a copy of the court's order and a certified bill of costs to the department or jail, as appropriate.
(b) On the court's order, the inmate shall pay an amount equal to the lesser of:
(1) 20 percent of the preceding six months' deposits to the inmate's trust account; or
(2) the total amount of court fees and costs.
(c) In each month following the month in which payment is made under Subsection (b), the inmate shall pay an amount equal to the lesser of:
(1) 10 percent of that month's deposits to the trust account; or
(2) the total amount of court fees and costs that remain unpaid.
(d) Payments under Subsection (c) shall continue until the total amount of court fees and costs are paid or until the inmate is released from confinement.
(e) On receipt of a copy of an order issued under Subsection (a), the department or jail shall withdraw money from the trust account in accordance with Subsections (b), (c), and (d). The department or jail shall hold the money in a separate account and shall forward the money to the court clerk on the earlier of the following dates:
(1) the date the total amount to be forwarded equals the total amount of court fees and costs that remains unpaid; or
(2) the date the inmate is released.
(f) The inmate shall file a certified copy of the inmate's trust account statement with the court. The statement must reflect the balance of the account at the time the claim is filed and activity in the account during the six months preceding the date on which the claim is filed. The court may request the department or jail to furnish the information required under this subsection.
(g) An inmate may authorize payment in addition to that required by this section.
(h) The court may dismiss a claim if the inmate fails to pay fees and costs assessed under this section.
(i) An inmate may not avoid the fees and costs assessed under this section by nonsuiting a party or by voluntarily dismissing the action.