Issue Date: 1985-09-01
Revised Date: 2019-12-30

Legal Cites

Object Type

Cash — Other Revenue

Origin Date

Arrest fees were first levied in 1895.

Description

If these fees are collected by a state law enforcement officer, 1/5 of each fee is remitted to the state. Fees collected by local law enforcement are deposited to local treasuries.

(1) $5 for issuing a written notice to appear in court following the defendant's violation of a traffic law, municipal ordinance, or penal law;

(2) $50 for executing or processing an issued arrest warrant or copies;

(3) $5 for summoning a witness;

(4) $35 for serving a writ not otherwise listed in this article;

(5) $10 for taking and approving a bond and returning the bond to the courthouse;

(6)  $5 for a commitment or release;

(7) $5 for summoning a jury, if a jury is summoned; and

(8) $8 for each day's attendance of a prisoner in a habeas corpus case if the prisoner has been remanded to custody or held to bail.

(9) In addition to fees provided by Subsection (a) 9f this article, a defendant required to pay fees under this article shall also pay 29 cents per mile for mileage required of an officer to perform a service listed in this subsection and to return from performing that service.

(10) If an officer attaches a witness on the order of a court outside the county, the defendant shall pay actual necessary expenses for travel by the most practical public conveyance.

(11) A defendant shall pay for the services of a sheriff or constable who serves process and attends an examining trial in a felony or misdemeanor case the same fees allowed for those services in the trial of a misdemeanor, not to exceed $5.

(12) A defendant shall pay the costs of overtime paid to a peace officer for time spent traveling to or from or testifying in the trial.

(13) A defendant shall pay all necessary and reasonable expenses for meals and lodging incurred by the officer, to the extent that such expenses meet requirements of § 611.001, Government Code.

Due Date

Upon conviction

Collecting Agencies

Note

The custodian of a county or municipal treasury must forward by last day of the month following each calendar quarter after deducting four-fifths of the amount of reach fee received for a service performed in (1) or (2).

Depository interest earned on the funds before deposit to the state may be retained by the municipality or county.

Amended by H.B. 1593, 69th Leg., R.S.

Amended by S.B. 892, H.B. 2107, 70th Leg., R.S.

Amended by S.B. 356, S.B. 1085, 71st Leg., R.S.

S.B.532, 73rd Leg., R.S. added felony to item (11).

(12) added by S.B. 187, 74th Leg., R.S.

(13) amended by S.B. 206, 74th Leg., R.S.

Amended by S.B. 163, 76th Leg., R.S.

Amended by H.B. 2424, S.B. 1180, 78th Leg., R.S.

Amended by S.B. 346, 86th Leg., R.S. 

USAS Values

Appropriation Year 20
USAS Title ARREST FEES
Receipt Category 14 – Other
Receipt Type 25 – Violations, Fines and Penalties
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES