By Gray H.B. No. 291
74R1170 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees charged by a justice of the peace.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 118.121, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 118.121. Fee Schedule. A justice of the peace shall
1-7 collect the following fees for services rendered to any person:
1-8 (1) Services rendered before judgment (Sec. 118.122):
1-9 (A) Justice court ....................... $15.00
1-10 (B) Small claims court .................. $10.00
1-11 (2) Services rendered after judgment (Sec. 118.123):
1-12 (A) Transcript .......................... $10.00
1-13 (B) Abstract of judgment ................. $5.00
1-14 (C) Execution, order of sale, writ of
1-15 restitution, or other writ or
1-16 process ................... $5.00 per page
1-17 Issuing other document (no return
1-18 required) .................... copy charge
1-19 (3) Records management and preservation (Sec.
1-20 118.1235) ................................ $5.00
1-21 SECTION 2. Subchapter E, Chapter 118, Local Government Code,
1-22 is amended by adding Section 118.1235 to read as follows:
1-23 Sec. 118.1235. RECORDS MANAGEMENT AND PRESERVATION FEE. (a)
1-24 The fee for "Records management and preservation" under Section
2-1 118.121(3) is for the records management and preservation services
2-2 performed by the county as required by Chapter 203.
2-3 (b) The fee shall be assessed as a cost and must be paid at
2-4 the time of filing a civil case or an ancillary pleading to a civil
2-5 case.
2-6 (c) The fee shall be deposited in the fund created under
2-7 Section 203.003(6).
2-8 SECTION 3. Section 203.003, Local Government Code, is
2-9 amended to read as follows:
2-10 Sec. 203.003. Duties of Commissioners Court. The
2-11 commissioners court of each county shall:
2-12 (1) promote and support the efficient and economical
2-13 management of records of all elective offices in the county to
2-14 enable elected county officers to conform to this subtitle and
2-15 rules adopted under it;
2-16 (2) facilitate the creation and maintenance of records
2-17 containing adequate and proper documentation of the organization,
2-18 functions, policies, decisions, procedures, and essential
2-19 transactions of each elective office and designed to furnish the
2-20 information necessary to protect the legal and financial rights of
2-21 the local government, the state, and the persons affected by the
2-22 activities of the local government;
2-23 (3) facilitate the identification and preservation of
2-24 the records of elective offices that are of permanent value;
2-25 (4) facilitate the identification and protection of
2-26 the essential records of elective offices;
2-27 (5) establish a county clerk records management and
3-1 preservation fund for fees subject to Section 118.0216 and approve
3-2 in advance any expenditures from the fund; and
3-3 (6) establish a records management and preservation
3-4 fund for the records management and preservation fees authorized
3-5 under Sections 118.052, 118.0546, <and> 118.0645, 118.121, and
3-6 118.1235, Section 51.317, Government Code, and Article 102.005(d),
3-7 Code of Criminal Procedure, and approve in advance any expenditures
3-8 from the fund, which may be spent only for records management
3-9 preservation or automation purposes in the county.
3-10 SECTION 4. Article 102.005(d), Code of Criminal Procedure,
3-11 is amended to read as follows:
3-12 (d) A defendant convicted of an offense in a justice court,
3-13 county court, a county court at law, or a district court shall pay
3-14 a fee of $10 for records management and preservation services
3-15 performed by the county as required by Chapter 203, Local
3-16 Government Code. The fee shall be collected and distributed by the
3-17 clerk of the court in the same manner as fees are collected and
3-18 distributed under Section 51.317(c), Government Code. The fee
3-19 received by a county shall be placed in a special fund to be called
3-20 the records management and preservation fund. The fee shall be
3-21 used only for records management and preservation purposes in the
3-22 county as required by Chapter 203, Local Government Code. No
3-23 expenditures may be made from this fund without prior approval of
3-24 the commissioners court.
3-25 SECTION 5. This Act takes effect September 1, 1995.
3-26 SECTION 6. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.