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.