Section
51.701 of the Government Code imposed a
$40.00 filing fee for the Judicial Fund on
all lawsuits filed in district courts on or
after September 22, 1986. Under Section 8.01
of the Civil Practice and Remedies Code, the
state is exempt from paying the additional
filing fee until it is collected from the defendant.
When collection is made, the statute requires
that the $40.00 filing fee be remitted to the
State Comptroller for deposit into the Judicial
Fund No. 573.
A computer-produced monthly report identifies
all accounts eligible for a judicial fee fund
transfer based on the following criteria:
- Suit was filed on or after September 22,
1986.
- All quarters and charges, including court
costs, covered under the lawsuit (listed on
court record or assessment record screen) are
completely paid.
- At least $40.00 of actual money (as opposed
to surplus credit) applied to the court costs.
- A judicial fee fund transfer has not been
made previously for the suit. (A computer table
is maintained of all suits that have previously
had a judicial fee fund transfer.)
Access court record, assessment record, nonquarterly
charges, and cash journal screens on each account
listed on the report to verify that all the criteria
listed above is met and that the judicial fee
fund transfer is appropriate.
After the report is audited, send a copy of
the report to the Controller Department. They
will verify receipt of payment and forward it
to the Accounting Department for the transfer
of funds.
Retain a copy of the report in the Judicial
Fee Fund Transfer binder.
