By Thompson                                           H.B. No. 1943
       74R6796 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the fee for production of documents in accordance with
    1-3  a subpoena.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 22, Civil Practice and
    1-6  Remedies Code, is amended by adding Section 22.004 to read as
    1-7  follows:
    1-8        Sec. 22.004.  FEE FOR PRODUCTION OF DOCUMENTS WITH
    1-9  DEPOSITION.  (a)  A custodian of a record who receives a summons
   1-10  for production of a record and a sworn deposition on written
   1-11  questions or an affidavit relating to the record or a certification
   1-12  of the record is entitled to $1 for production of the record and
   1-13  the deposition, affidavit, or certification.  If more than one
   1-14  record is required in a single subpoena, the custodian of the
   1-15  records is entitled to only one fee under this section.
   1-16        (b)  A custodian of a record who produces a record  with a
   1-17  deposition, affidavit, or certification, but who is not required to
   1-18  attend court, is not entitled to a witness fee under Section
   1-19  22.001.
   1-20        (c)  The party who requests production of a record shall pay
   1-21  the fee required for the record, as provided by this section, at
   1-22  the time the subpoena is served.
   1-23        (d)  The fee required by this section must be taxed in the
   1-24  bill of costs as other costs.
    2-1        (e)  The fee required by this section is in addition to any
    2-2  other fee imposed by law for the certification of a document.
    2-3        SECTION 2.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended,
    2-8  and that this Act take effect and be in force from and after its
    2-9  passage, and it is so enacted.