Primary Department: County Clerk
Primary Department Head/Elected Official: Teneshia Hudspeth
Secondary Department: Probate Courts
Secondary Department Head/Elected Official: Judge Jason Cox
Regular or Supplemental RCA: Supplemental RCA
Type of Request: Policy
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A
MWBE Contracted Goal (if applicable): N/A
MWBE Current Participation (if applicable): N/A
Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
Grant Indirect Costs Rate (if applicable): N/A
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
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Request by the County Clerk for Commissioners Court to adopt the filing fees and collection procedures for civil mental health proceedings in accordance with statutory authority and established local practices.
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Background and Discussion: Harris County currently does not assess or collect filing fees for civil mental health proceedings, despite statutory authority allowing such fees. Other major Texas counties, including Travis and Bexar Counties, assess filing fees ranging from approximately $554 to $683 per application, generating significant annual revenue. Harris County manages the largest civil mental health docket in Texas, processing approximately 18,727 filings in 2024, and 20,656 filings in 2025, not including mental-health warrants, AOT applications, or jail medication filings.
The proposed policy adopts a standardized filing fee structure consistent with state law, Attorney General Opinion KP-0464, and County Attorney guidance. The Harris County Clerk’s Office, in coordination with Probate Court Three and County Attorney’s Office, has completed and prepared operational systems, policies, and fee schedules to support implementation. Existing safeguards ensure no barrier to access, including affidavits of indigency, statutory exemptions for public hospitals, and reimbursement provisions for private facilities providing uncompensated care.
Expected Impact: Implementation is expected to generate new recurring revenue from private-pay mental health facilities, offsetting clerk and court operations, staffing, technology, and case management costs. Revenue projections are based on 40-50% of approximately 18,000 annual filings, with fees ranging from $515 to $690 per case. Modernizes County practices, improves fiscal sustainability, ensures legal compliance, and supports efficient and humane administration of mental health justice.
Alternative Options: No action; continue subsidizing mental health court operations through general funds.
County Strategic Plan Goal: N/A
County Strategic Plan Objective: N/A
Justice/Safety Initiative (Goal 1): N/A
Infrastructure Initiative (Goal 2): N/A
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): N/A
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan: N/A
Prior Court Action (if any): N/A
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Precinct(s): Countywide
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Adoption of Filing Fees and Collection Procedures for Civil Mental Health Proceedings - Positive Revenue Impact |
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County Attorney’s Office Legal Review (for Harris County Code Items only) |
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CAO Reviewer Name and Title |
Alexa Moores, Assistant Harris County Attorney |
CAO Review Completion Date |
5/11/2024 |
Anticipated Court Date: 2/26/2026
Anticipated Implementation Date (if different from Court date): 5/4/2026
Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item
Contact(s) name, title, department: Teneshia Hudspeth, County Clerk & Judge Jason Cox, Probate Court 3
Attachments (if applicable): Letter to Commissioners Court, Mental Health Fee Proposal, AG Opinion kp-0464, CAO Guidance, Mental Health Facilities Policy Fee Letter, 2026 HC Mental Health Fee Schedule