BILL ANALYSIS


                                                        H.B. 2398
                                         By: Thompson (Henderson)
                                                    Jurisprudence
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

Because of computers and copy machines, certain sections of the
Government Code contains unnecessary, unclear, antiquated, and
redundant provisions.  The sections omit fees for certain documents
and contain fees which do not cover the cost to the district
clerk's office for production.

PURPOSE

As proposed, H.B. 2398 amends Sections 51.03(d), 51.317(b),
51.318(b), 51.319, and 51.604, Government Code, and repeals Section
51.321, Government Code, to remove unnecessary, unclear,
antiquated, and redundant provisions; amends certain fees which are
not listed in the code and increases certain fees 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.01.  Amends Sections 51.317(b) and (c), Government Code,
as follows: 

     (b)  Amends the fees to paid to a district court clerk to
     include a $45 fee for filing a petition for preindictment writ
     of habeas corpus and a $15 fee for filing a third-party
     petition.  Deletes a $4 fee for issuing an additional copy of
     a process not otherwise provided for, when requested at the
     time a suit or action is filed.
     
     (c)  Makes a conforming change.
     
     SECTION 1.02.  Amends Section 51.318(b), Government Code, to
increase the fees for issuing a subpoena not provided for in
Section 51.317 from $4 to $8; to include a fee for a noncertified
copy, for each page or part of a page, not to exceed $1; and delete
fees for an additional copy of a writ of process not otherwise
provided for, for certifying a fact contained in a record in the
district clerk's office, for issuing a deposition, and for issuing
interrogatories with certificate and seal.

SECTION 1.03.  Amends Section 51.319, Government Code, as follows:

     Sec. 51.319.  OTHER FEES.  Deletes the following fees a
     district clerk is required to collect for services performed
     by the clerk:  for comparing to the original copy of a
     petition, judgment, order, or other instrument necessary in
     the district court, submitted by the plaintiff or defendant;
     and for certifying an instrument described in Subdivision (1)
     by attaching a certificate of true copy and sealing.  Makes
     conforming and nonsubstantive changes.
     
     SECTION 1.04.  Amends Section 51.604, Government Code, as follows:

     Sec. 51.604.  New heading:  JURY FEE.  (a)  Deletes existing
     Subsection (a).  Redesignates Subsections (b) - (d) as
     Subsections (a) - (c).
     
     SECTION 1.05.  Repealer:  Sections 51.303(d) and 51.321 (Relating
to a Written Statement of Fines and Jury Fees Received by the
District Clerk - Overcharging of Fees), Government Code.

                ARTICLE 2.  CONFORMING AMENDMENTS

SECTION 2.01.  Amends Section 14.806(d), Family Code, to make a
conforming change.

SECTION 2.02.  Amends Section 76.009(a) and (b), Human Resources
Code, to make conforming changes.

SECTION 2.03.  Amends Section 51.702(e), Government Code, to make
a conforming change.

        ARTICLE 3.  EFFECTIVE DATE; TRANSITION; EMERGENCY

SECTION 3.01.  Effective date: September 1, 1995.
               Makes application of this Act prospective.

SECTION 3.02.  Emergency clause.