Felix Michael Kubosh D/B/A Kubosh Bail Bonding v. Harris County, and Chris Daniel, in His Official Capacity as District Clerk of Harris County, Texas, 2013 Tex. App. LEXIS 5396

Kubosh and about 41 Harris County bail bondsmen sued Harris County and the District Clerk over civil filing fees charged in bond-forfeiture cases.
Plaintiffs sought a declaratory judgment that such fees may not be charged, an injunction against continued fee assessment, and refunds of paid fees.
A trial court granted a jurisdictional plea and dismissed the civil action for lack of subject-matter jurisdiction.
The fees were assessed as costs in bond-forfeiture judgments, which are criminal-procedure proceedings; bondsmen may challenge costs via criminal court procedures.
The court considered whether governmental immunity bars refunds and whether civil courts may entertain declaratory or injunctive relief related to criminal statutes.
The court ultimately held (1) refunds are barred by governmental immunity, and (2) civil courts lack jurisdiction to grant declaratory/injunctive relief concerning a criminal statute in this context.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does governmental immunity bar refunds?	Kubosh argues immunity does not bar refunds because fees are illegal or invalid taxes.	Harris County argues immunity protects against money damages, including refunds, absent waiver.	Immunity bars the refund claim.
Can civil courts hear declaratory or injunctive relief regarding a criminal statute in bond-forfeiture proceedings?	Kubosh seeks civil relief constraining/invalidating a criminal statute's application in bond-forfeiture costs.	The district clerk's actions concern a criminal statute; civil courts lack jurisdiction to enjoin or construe such statutes absent irreparable harm.	Civil court lacked jurisdiction; relief denied.

Safety Nat’l Cas. Corp. v. State, 273 S.W.3d 157 (Tex. Crim. App. 2008) (bond-forfeiture costs and due process principles)
Bolton v. City of Dallas, 185 S.W.3d 868 (Tex. 2005) (duress and refunds; statutory remedies may supersede common-law refunds)
In re Nestle USA, Inc., 359 S.W.3d 207 (Tex. 2012) (remedies and duress during fee challenges; implied alternatives exist)
Burgess v. State (Burgess I), 313 S.W.3d 844 (Tex. App.—Fort Worth 2010) (challenges to costs via civil action; not all costs subject to civil review)
Morales v. Morales, 869 S.W.2d 941 (Tex. 1994) (limits on civil jurisdiction to construe/enjoin criminal statutes)
Leeper, 893 S.W.2d 432 (Tex. 1994) (crime-related statutes and civil consequences analysis)
Harrell v. State, 286 S.W.3d 315 (Tex. 2009) (criminal-law matters and civil/criminal jurisdiction divide)