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A BILL TO BE ENTITLED
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AN ACT
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relating to requests to a municipality for production or |
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certification of a record in certain civil actions; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.004, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (b) and adding |
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Subsection (a-1) to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] custodian |
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of a record who receives a request for production or certification |
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of a record under a subpoena, a request for production, or other |
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instrument issued under the authority of a tribunal that compels |
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production or certification of a record is entitled to $1 for |
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production or certification of the record. If more than one record |
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is produced or certified, the custodian of the records is entitled |
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to only one fee under this section. |
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(a-1) A municipality that receives a request for production |
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or certification of a record under a subpoena, a request for |
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production, or other instrument in relation to a matter to which the |
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municipality is not a party and that is issued under the authority |
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of a tribunal that compels production or certification of a record |
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is entitled to impose a fee for production or certification of the |
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record in the same amount and manner provided by Subchapter F, |
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Chapter 552, Government Code, for a charge for providing a copy of |
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public information, as if the production or certification of the |
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record is the provision of a copy of public information under that |
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chapter. |
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(b) A custodian of a record who produces or certifies a |
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record under Subsection (a) or (a-1), but who is not required to |
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appear in court, is not entitled to a witness fee under Section |
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22.001. |
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SECTION 2. Section 22.004, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a production or |
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certification request issued on or after the effective date of this |
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Act. A production or certification request issued before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |