BILL ANALYSIS


                                                        H.B. 1943
                                         By: Thompson (Henderson)
                                                    Jurisprudence
                                                          5-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

H.B. 887, passed by the 73rd Legislature, changed the fees a
witness, in a civil proceeding, is entitled to for responding to a
subpoena to appear in court.  The fee was changed from $1 per day
and mileage to simply $10 per day.  The bill was intended to
reflect the increased cost of parking and other costs involved in
appearing to testify before a court.  However, it has been a long-standing question over whether a subpoena to the custodian of
records for a document required the former $1 fee.  Since the
amount in question was only $1 per subpoena, companies processing
subpoena for documents routinely paid the $1.  However, now that
the witness fee is $10, paying this fee on subpoenaed documents has
become rather burdensome.

PURPOSE

As proposed, H.B. 1943 establishes a $1 fee for the production or
certification of certain documents in accordance with an instrument
issued under the authority of a tribunal.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 22A, Civil Practice and Remedies Code,
by adding Section 22.004, as follows:

     Sec. 22.004.  FEE FOR PRODUCTION OR CERTIFICATION OF
     DOCUMENTS.  (a) Entitles a custodian of a record (custodian)
     who receives a request for production or certification of a
     record under a subpoena or other instrument issued under the
     authority of a tribunal that compels production or
     certification of a record to $1 for production or
     certification of the record.  Entitles the custodian of the
     records to only one fee if more than one record is produced or
     certified.
     
     (b) Provides that a custodian who produces or certifies a
       record, but who is not required to appear in court, is not
       entitled to a witness fee.
       
       (c) Requires the party who requests production or
       certification of a record to pay the fee required for the
       record at the time the instrument is served.
       
       (d) Requires the fee to be taxed in the bill of costs as
       other costs.
       
       (e) Provides that the fee is in addition to any other fee
       imposed by law for the production or certification of a
       record.
SECTION 2. Emergency clause.
           Effective date: upon passage.