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§ 151.009.Fees and Costs

Title 7. Alternate Methods of Dispute Resolution · Chapter 151. Trial by Special Judge · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 151.009 makes the parties pay the special judge’s fee and administrative costs in equal shares, assigns single-party costs to the party who incurred them, and forbids any public money from being spent on the trial.

Full Text of § 151.009

Text sizeJump to: (a) (b) (c)

(a)The parties, in equal shares, shall pay:
(1)the special judge's fee; and
(2)all administrative costs, including the court reporter's fee, related to the trial.
(b)A cost for a witness called by a party or any other cost related only to a single party's case shall be paid by the party who incurred the cost.
(c)The state or a unit of local government may not pay any costs related to a trial under this chapter.
End

Plain-English Summary

The money section, and its last subsection is the reason the chapter is written the way it is.

The parties pay in equal shares for the special judge’s fee and all administrative costs related to the trial, including the court reporter’s fee.

Costs belonging to one side are paid by that side. A witness called by a party, or any other cost related only to a single party’s case, falls on the party who incurred it.

No public money may be spent. The state and units of local government may not pay any costs related to a trial under this chapter.

That prohibition explains Section 151.010. A trial that cannot use public money also cannot use a public courtroom or public employees during working hours.

The arrangement answers the obvious objection to private judging. Parties who want a trial on their own schedule, before a judge of their choosing, pay for it themselves.

Equal shares is the default, not a rule about who ultimately bears the cost. The section allocates payment as the trial proceeds.

The fee is public from the start, since Section 151.002 requires the motion to state it.

Frequently Asked Questions

Who pays the special judge?

The parties, in equal shares, along with all administrative costs including the court reporter’s fee.

What about a party’s own witness costs?

They are paid by the party who incurred them.

Can the county or the state pay any of it?

No. Neither the state nor a unit of local government may pay any costs related to the trial.

Amendment History

  • Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source