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.