BILL ANALYSIS



H.B. 2398
By: Thompson
C.S.H.B. 2398
By: Thompson
4-18-95
Committee Report (Substituted)


BACKGROUND

     Sections 51.03(d), 51.317(b), 51.318(b), 51.319, 51.321, and
51.604, Government Code, contain unnecessary, unclear, antiquated,
and redundant provisions, due to such things as computers and copy
machines. These subsections also omit fees for certain documents
and contain fees which do not cover the cost to the clerk's office
for production.


PURPOSE

     This bill amends sections 51.03(d), 51.317(b), 51.318(b),
51.319, and 51.604, Government Code, repeals Section 51.321,
Government Code, to remove unnecessary, unclear, antiquated, and
redundant provisions. The bill also includes fees for the filing of
petitions for pre-indictment writ of habeas corpus and third party
petitions, which are not listed in the code, and increases two fees
in Section 51.318, which currently do not cover the cost of
production by the clerk's office.


RULEMAKING AUTHORITY

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


SECTION BY SECTION ANALYSIS

                 ARTICLE 1. DISTRICT CLERK DUTIES

     Section 1.01. Amends Section 51.317(b)(1), (2), (5), and (6),
Government Code, by adding a petition for pre-indictment writ of
habeas corpus to the fees listed in Subsection (1); adding a third
party petition to the fees listed in Subsection (2); deleting
Subsection (5); renumbering Subsection (6), and changing a
reference to Subsec. (b)(6) in Subsec. (c).
     Section 1.02. Amends Section 51.318(b), Government Code, by
deleting Subsections (3), (6), (7), (8) and renumbering the
remaining subsections.  It amends current Subsection (9) to
increase the fee for abstracting a judgment from $4 to $8; and
adding a new Subsection (8) which sets a fee not to exceed $1 for
a noncertified copy for each page or part of a page.
     Section 1.03. Amends Section 51.319, Government Code, by
deleting Subsections (1) and (2) and renumbering the remaining
subsections.  It also updates an obsolete reference to a statute in
current Subsec. (4).
     Section 1.04. Amends Section 51.604, Government Code, by
deleting Subsection (a), applying this section only to Harris
County, and relettering the remaining subsections.
     Section 1.05. Repeals Section 51.303(d), Government Code, to
remove Subsection (d) which provides that the clerk shall make a
written statement on the last day of each month of fines and jury
fees, names of jurors who served during the term, the number of
days and the amount due to the juror for the services, and that the
statement be recorded in the minutes of the court and signed by the
presiding judge and Section 51.321, Government Code, which is the
overcharge refund provision.
                ARTICLE 2.  CONFORMING AMENDMENTS
     Section 2.01.  Section 14.806(d), Family Code, is amended to
conform with the renumbering in Article 1 of this bill.
     Section 2.02.  Sections 76.009(a) and (b), Human Resources,
are amended to conform with renumbering in Article 1 of this bill.
     Section 2.03.  Section 51.702(e), Government Code, is amended
to conform with renumbering in Article 1 of this bill.

        ARTICLE 3.  EFFECTIVE DATE; TRANSITION; EMERGENCY
     Section 3.01.  Effective date.  Application of the act.
     Section 3.02.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     The Substitute is divided into three articles with Sections 1
through 6 of the original bill in Article 1 of the substitute. 
Article 2 in the substitute is conforming amendments which were not
included in the original bill.  Article 3 is Sections 7 and 8 of
the original bill.


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 6, 1995, the
Committee on Judicial Affairs met in a public hearing on April 18,
1995, to consider H.B. 2398.  The Chair laid out H.B. 2398.  The
Chair offered and then laid out a complete committee substitute for
H.B. 2398.  The Honorable Linda Uecker, Kerr County District Clerk,
representing herself, testified for the bill.  There were no other
witnesses.  Rep. Alonzo moved to adopt the substitute; there being
no objection, the substitute was adopted.  Rep. Alonzo moved that
H.B. 2398, as substituted, be reported favorably back to the full
House with the recommendation that it do pass, be printed and sent
to the Committee on Local and Consent Calendars.  The motion
prevailed by the following record vote:  7 ayes, 0 nays, 0 PNV and
2 absent.