Harris County Courts at Law Filing Fees and Waivers

CRITICALCivil cases

Fee

$700

Applies to

Initial application for determination of heirship or appointment of guardian

Applicants filing heirship or guardian appointment applications beginning October 1, 2024, must pay $700 within one week after filing, and the Clerk must hold the funds in the Court Appointed Attorney fund as directed.

IT IS THEREFORE ORDERED pursuant to Texas Estates Code §§53.052 & 1053.052 that Applicants, beginning on October 1, 2024, filing Applications ("Applications") for the Determination of Heirship and Applications for the Appointment of a Guardian shall pay a one- time amount of $700.00, no later than one week after filing their initial Applications, as security for the costs for the Attorney Ad Litem appointed in their case. IT IS FURTHER ORDERED that the Harris County Clerk shall collect and place the funds into a Court Appointed Attorney fund (not the Registry of the Court) until ordered by the Court to pay such funds to the Appointee and/or refund certain sums of money back to the Applicant.

CRITICAL

Applies to

Petition for nondisclosure

A fee must be paid when a petition for nondisclosure is filed with the district clerk.

4.10.1. In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.

CRITICAL

Applies to

Bond reinstatement dismissal or agreed judgment costs

Only money orders, cashier’s checks, and firm checks payable to the Harris County district clerk are accepted, while cash may be paid in advance with the receipt presented alongside the order or judgment.

Money orders, cashier’s checks, and firm checks, payable to the Harris County district clerk, are the only tender that will be accepted. Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.

CRITICAL

Applies to

Petition for nondisclosure

A fee must be paid when a petition for nondisclosure is filed with the district clerk.

In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.

CRITICAL

An arrestee may not be incarcerated for inability to pay a fee or cost associated with a condition of release.

9.12.8 No arrestee may be incarcerated due to inability to pay a fee or cost associated with a condition of release.

CRITICAL

Arrestees who meet any of the listed eligibility criteria may not be charged fees associated with personal or unsecured bonds or non-financial release conditions.

9.12.7 An arrestee who meets any of the following, may not be assessed any fee associated with a personal bond or an unsecured bond, or the cost of a non-financial condition of release, including but not limited to, a supervision fee, a fee for electronic monitoring, or the cost of an interlock device: a. Is eligible for appointment of counsel; b. Has been homeless in the past six months; c. Has income at or below 200% of the federal poverty guidelines; Is a full-time student; d. Is, or within the past six months has been, homeless; e. Is incarcerated, or residing in a mental health or other treatment program; or f. Is or has dependents who are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, Social Security Disability Income, public housing, or any other federal or state public assistance program based on financial hardship.

CRITICAL

Applies to

Mental health case

Filing fees for mental health cases are due when filed unless the county is responsible for paying them.

Texas Attorney General Opinion KP-0464, dated May 13, 2024, states that the payment of filing fees associated with mental health cases must be paid at the time of filing unless a county is responsible for paying such fees;

CRITICAL

An arrestee may not be incarcerated for inability to pay a fee or cost associated with a release condition.

9.12.8 No arrestee may be incarcerated due to inability to pay a fee or cost associated with a condition of release.

CRITICAL

Applies to

Mental health case

The Harris County Clerk must collect mental health case filing fees and deposit them into accounts designated by the Harris County Auditor.

NOW THEREFORE, IT IS ORDERED that the Harris County Clerk shall commence with the collection of filing fees for mental health cases with such fees collected and deposited into accounts as designated by the Harris County Auditor.

CRITICAL

Applies to

Petition for non disclosure

A petition for non-disclosure must be filed with the district clerk and a fee paid.

In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.

CRITICALCivil cases

Fee

$750

Applies to

Application for determination of heirship or appointment of guardian

Applicants must pay $750 as security for an appointed Attorney Ad Litem upon filing an heirship or guardian appointment application, unless they have filed an Affidavit of Inability to Pay Costs.

IT IS THEREFORE ORDERED pursuant to Texas Estates Code §§53.052 & 1053.052 that, upon filing of 1) Applications for the Determination of Heirship and 2) Applications for the Appointment of a Guardian, Applicants shall pay the amount of $750.00 as security for the costs for the Attorney Ad Litem appointed in their case?. The provision in this paragraph shall take effect no sooner than March 3, 2025. IT IS FURTHER ORDERED that Applicants who have filed an Affidavit of Inability to Pay Costs in the case shall not be required to deposit the security for the costs for the Attorney Ad Litem appointed in their case.

CRITICAL

Applies to

Bond reinstatement dismissal or agreed judgment

The bonding company must deliver the specified costs or judgment amount with the order, using an accepted tender payable to the district clerk; cash may be paid in advance.

The total amount of the costs on bond reinstatements with costs, dismissals with costs, and in the case of agreed judgments the total amount of judgment and costs, will be delivered to the court along with the order of judgment by the bonding company. Money orders, cashier’s checks, and firm checks, payable to the Harris County district clerk, are the only tender that will be accepted. Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.

CRITICAL

Applies to

Petition for nondisclosure

The district clerk sets a nondisclosure petition upon collection of the filing fee, for fourteen days from filing unless the court orders otherwise.

4.10.2. Petitions filed under this section will be set by the district clerk, upon collection of the filing fee for fourteen days from the date the petition is filed, or as ordered by the court.

CRITICAL

An arrestee meeting any listed eligibility condition may not be charged fees associated with personal or unsecured bonds or the costs of nonfinancial release conditions.

9.12.7 An arrestee who meets any of the following, may not be assessed any fee associated with a personal bond or an unsecured bond, or the cost of a non- financial condition of release, including but not limited to, a supervision fee, a fee for electronic monitoring, or the cost of an interlock device: a. Is eligible for appointment of counsel; b. Has been homeless in the past six months; c. Has income at or below 200% of the federal poverty guidelines; Is a full-time student; d. Is, or within the past six months has been, homeless; e. Is incarcerated, or residing in a mental health or other treatment program; or

CRITICAL

Applies to

Petition for non disclosure

A fee must be paid when a petition for non-disclosure is filed with the district clerk.

In accordance with TEX. GOV’T CODE § 411.081(d) petitions for non-disclosure are filed with the district clerk, a fee is paid, and the case is set.

CRITICAL

Applies to

Bond reinstatement dismissal or agreed judgment

Payments must be made by money order or qualifying check, unless cash is paid in advance and a district clerk receipt is presented with the order or judgment.

Money orders, cashier’s checks, and firm checks, payable to the Harris County district clerk, are the only tender that will be accepted. Cash payments may be made in advance and a receipt obtained from the district clerk and presented with the order or judgment.

CRITICAL

Applies to

Bond reinstatement dismissal or agreed judgment

The bonding company must deliver the required costs or judgment amount to the court with the order of judgment.

The total amount of the costs on bond reinstatements with costs, dismissals with costs, and in the case of agreed judgments the total amount of judgment and costs, will be delivered to the court along with the order of judgment by the bonding company.

WARNING

Applies to

Mental health case

Mental health fees may be held in a separate MHAFF account until the court orders payment to the appointed individuals.

It is further ordered that such fees may be held in a separate Mental Health Appointee Fee Fund (MHAFF) account until the court orders their payment to the appointed individuals.

CRITICAL

An arrestee meeting any listed eligibility criterion may not be assessed fees for a personal or unsecured bond or the cost of a non-financial release condition.

9.12.7 An arrestee who meets any of the following, may not be assessed any fee associated with a personal bond or an unsecured bond, or the cost of a non-financial condition of release, including but not limited to, a supervision fee, a fee for electronic monitoring, or the cost of an interlock device: a. Is eligible for appointment of counsel; b. Has been homeless in the past six months; c. Has income at or below 200% of the federal poverty guidelines; Is a full-time student; d. Is, or within the past six months has been, homeless; e. Is incarcerated, or residing in a mental health or other treatment program; or f. Is or has dependents who are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, Social Security Disability Income, public housing, or any other federal or state public assistance program based on financial hardship.