CODE OF CRIMINAL PROCEDURE

TITLE 2. CODE OF CRIMINAL PROCEDURE

CHAPTER 102. COSTS, FEES, AND FINES PAID BY DEFENDANTS

SUBCHAPTER A. COSTS; REIMBURSEMENT FEES; FINES

Art. 102.001. REIMBURSEMENT FEES FOR SERVICES OF PEACE OFFICERS. (

a) Repealed by Acts 1989, 71st Leg., ch. 826,

Sec. 2, eff. Sept. 1, 1989.

(

b) A defendant required to pay reimbursement fees under this

article shall pay 15 cents per mile for mileage required of an officer to perform a service listed in this subsection and to return from performing that service. If the service provided is the execution of a writ and the writ is directed to two or more persons or the officer executes more than one writ in a case, the defendant is required to pay only mileage actually and necessarily traveled. In calculating mileage, the officer must use the railroad or the most practical route by private conveyance. This subsection applies to:

(1) conveying a prisoner after conviction to the county jail;

(2) conveying a prisoner arrested on a warrant or capias issued in another county to the court or jail of the county in which the warrant or capias was issued; and

(3) traveling to execute criminal process, to summon or attach a witness, and to execute process not otherwise described by this article.

(

c) to (

e) Repealed by Acts 1989, 71st Leg., ch. 826,

Sec. 2, eff. Sept. 1, 1989.

(

f) Repealed by Acts 2019, 86th Leg., Ch. 1352 (S.B. 346 ),

Sec. 4.40(1), eff. January 1, 2020.

(

g) Relettered from (

e) by Acts 1989, 71st Leg., ch. 2,

Sec. 16.01 (12), eff. Aug. 28, 1989, and repealed by Acts 1989, 71st Leg., ch. 826,

Sec. 2, eff. Sept. 1, 1989.

(

h) Repealed by Acts 2019, 86th Leg., Ch. 1352 (S.B. 346 ),

Sec. 4.40(1), eff. January 1, 2020.

Added by Acts 1985, 69th Leg., ch. 269,

Sec. 1, eff. Sept. 1, 1985. Subsecs. (

a) amended and (e), (

f) added by Acts 1987, 70th Leg., ch. 167,

Sec. 4.01(a), eff. Sept. 1, 1987; Subsec. (

e) added by Acts 1987, 70th Leg., ch. 821,

Sec. 1, eff. Sept. 1, 1987; Subsecs. (b), (

f) amended by and (

h) added by Acts 1989, 71st Leg., ch. 347,

Sec. 1, eff. Oct. 1, 1989; Subsec. (

g) relettered from Subsec. (

e) by Acts 1989, 71st Leg., ch. 2,

Sec. 16.01(12), eff. Aug. 28, 1989.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346 ),

Sec. 2.25, eff. January 1, 2020.

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346 ),

Sec. 2.26, eff. January 1, 2020.

Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346 ),

Sec. 4.40(1), eff. January 1, 2020.

Art. 102.002. WITNESS FEES. (

a) Repealed by Acts 1999, 76th Leg., ch. 580,

Sec. 11(a), eff. Sept. 1, 1999.

(

b) The justices of the peace and municipal courts shall maintain a record of and the clerks of district and county courts and county courts at law shall keep a book and record in the book:

(1) the number and style of each criminal action before the court;

(2) the name of each witness subpoenaed, attached, or recognized to testify in the action; and

(3) whether the witness was a witness for the state or for the defendant.

(

c) Except as otherwise provided by this subsection, a defendant is liable on conviction for the fees provided by this

article for witnesses in the defendant's case. If a defendant convicted of a misdemeanor does not pay the defendant's fines and costs, the county or municipality, as appropriate, is liable for the fees provided by this

article for witnesses in the defendant's case.

(

d) If a person is subpoenaed as a witness in a criminal case and fails to appear, the person is liable for the costs of an attachment, unless he shows good cause to the court why he did not appear.

Added by Acts 1985, 69th Leg., ch. 269,

Sec. 1, eff. Sept. 1, 1985. Subsecs. (a), (

b) repealed by Acts 1999, 76th Leg., ch. 580,

Sec. 11(a), eff. Sept. 1, 1999; Subsec. (

b) amended by Acts 1999, 76th Leg., ch. 1545,

Sec. 63, eff. Sept. 1, 1999; Subsec. (

c) repealed by Acts 1999, 76th Leg., ch. 580,

Sec. 11(a), eff. Sept. 1, 1999; Subsec. (

c) amended by Acts 1999, 76th Leg., ch. 1545,

Sec. 63, eff. Sept. 1, 1999.

Art. 102.0061. FEES IN EXPUNCTION PROCEEDINGS. (

a) In addition to any other fees required by other law and except as provided by Subsections (

c) and (d), a petitioner seeking expunction of a criminal record in a district court shall pay the fee charged for filing an ex parte petition in a civil action in district court.

(

b) In addition to any other fees required by other law and except as provided by Subsection (c), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under

Chapter 55A shall pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter.

(

c) The fee under Subsection (

a) or the fee under Subsection (b), as applicable, shall be waived if:

(1) the petitioner seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense described by

Article 55A.151 ; and

(2) the petition for expunction is filed not later than the 30th day after the date of the acquittal.

(

d) The fee under Subsection (

a) shall be waived if the petitioner is entitled to expunction:

(1) under

Article 55A.053 (a)(2)(

A) after successful completion of a veterans treatment court program created under

Chapter 124 , Government Code, or former law; or

(2) under

Article 55A.053 (a)(2)(

B) after successful completion of a mental health court program created under

Chapter 125 , Government Code, or former law.

(

e) A court that grants a petition for expunction of a criminal record may order the fee, or portion of the fee, required to be paid under Subsection (

a) to be returned to the petitioner.

Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16 ),

Sec. 7.02(a), eff. January 1, 2026.

Art. 102.007. REIMBURSEMENT FEE FOR COLLECTING AND PROCESSING CHECK OR SIMILAR SIGHT ORDER. (

a) A county attorney, district attorney, or criminal district attorney may collect a reimbursement fee if the attorney's office collects and processes a check or similar sight order, as defined by

Section 1.07 , Penal Code, and the check or similar sight order:

(1) has been issued or passed in a manner that makes the issuance or passing an offense under:

(

A) Section 31.03 , Penal Code;

(

B) Section 31.04 , Penal Code; or

(

C) Section 32.41 , Penal Code; or

(2) has been forged, as defined by

Section 32.21 , Penal Code.

(

b) The county attorney, district attorney, or criminal district attorney may collect the reimbursement fee from any person who is a party to the offense described in Subsection (a).

(

c) The amount of the reimbursement fee may not exceed:

(1) $10 if the face amount of the check or sight order does not exceed $10;

(2) $15 if the face amount of the check or sight order is greater than $10 but does not exceed $100;

(3) $30 if the face amount of the check or sight order is greater than $100 but does not exceed $300;

(4) $50 if the face amount of the check or sight order is greater than $300 but does not exceed $500; and

(5) $75 if the face amount of the check or sight order is greater than $500.

(

d) If the person from whom the reimbursement fee is collected was a party to the offense of forgery, as defined by

Section 32.21 , Penal Code, committed by altering the face amount of the check or sight order, the face amount as altered governs for the purposes of determining the amount of the fee.

(

e) In addition to the reimbursement fee specified in Subsection (c), the county attorney, district attorney, or criminal district attorney may collect the fee authorized by

Section 3.506 , Business & Commerce Code, for the benefit of the holder of a check or similar sight order or the holder's assignee, agent, representative, or any other person retained by the holder to seek collection of the check or order.

(

f) Reimbursement fees collected under Subsection (

c) shall be deposited in the county treasury in a special fund to be administered by