| Issue Date: | |
|---|---|
| Revised Date: | 2023-09-01 |
Legal Cites
- Civil Practice and Remedies Code sec. 140B.109
- Government Code sec. 402.006, sec. 2001.177, sec. 2107.002, sec. 2107.003, sec. 2107.006, sec. 2107.007
- Property Code sec. 123.005
Object Type
Cash — Other Revenue
Origin Date
1983 by S.B. 1184, S.B. 1185, 68th Leg., R.S.
Description
In a case in which the state recovers penalties or damages, the Attorney General is entitled to recover and collect reasonable attorney's fees and court costs on behalf of the State.
In any proceeding alleging breach of fiduciary duty by a trustee of a charitable trust, the Attorney General, if successful, is entitled to recover actual costs incurred in bringing suit and may recover attorney’s fees.
An agency may require a party who appeals a final decision to pay the cost of preparation of agency records required to be transmitted to reviewing court. A charge under this section is a court cost and collected at the same time as other court costs.
A delinquent obligation reported to the Attorney General is subject to a collection fee. The Attorney General may authorize an agency to contract for further collection services for approved obligations. A contractor is entitled to a collection fee up to 30% of the full amount of the obligation.
Attorney fees and costs collected from offenses related to racketeering and unlawful debt collection to be used for investigation and enforcement.
Due Date
When court costs are due.
Deposit Funds
- 0001 – General Revenue Fund
- GR Account - 5006 – Attorney General Law Enforcement (racketeering offenses)
Note
Court costs collected by agency on contested final decision added by H.B. 1593, 69th Leg., R.S. Recodified by S.B. 248, 73rd Leg., R.S.
Amended by S.B. 894, 70th Leg., R.S.
Previous provision permitting the Attorney General to collect fees in cases of student loan default was under Education Code § 60.1. This section was repealed in 1989 by S.B. 457, 71st Leg., R.S. and replaced with Vernon's Civil Statutes art. 4498c § 7. This removed the requirement that 1/2 of the fees be deposited to GR (0001). Repealed by H.B. 1061, 83rd Leg., R.S.
Amended by S.B. 3, 72nd Leg., 1st C.S.
Amended by S.B. 248, 73rd Leg., R.S.
Amended by S.B. 1615, 80th Leg., R.S.
Attorney fees related to racketeering added by H.B. 4635, 88th Leg., R.S.
USAS Values
| Appropriation Year | 24 |
|---|---|
| USAS Title | COURT COSTS/ATTORNEY/OAG AUTH COLL 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 |