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.