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.