1-1  By:  Thompson (Senate Sponsor - Henderson)            H.B. No. 1943
    1-2        (In the Senate - Received from the House May 8, 1995;
    1-3  May 9, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; May 16, 1995, reported favorably by the following
    1-5  vote:  Yeas 7, Nays 0; May 16, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the fee for production or certification of documents.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Subchapter A, Chapter 22, Civil Practice and
   1-11  Remedies Code, is amended by adding Section 22.004 to read as
   1-12  follows:
   1-13        Sec. 22.004.  FEE FOR PRODUCTION OR CERTIFICATION OF
   1-14  DOCUMENTS.  (a)  A custodian of a record who receives a request for
   1-15  production or certification of a record under a subpoena, a request
   1-16  for production, or other instrument issued under the authority of a
   1-17  tribunal that compels production or certification of a record is
   1-18  entitled to $1 for production or certification of the record.  If
   1-19  more than one record is produced or certified, the custodian of the
   1-20  records is entitled to only one fee under this section.
   1-21        (b)  A custodian of a record who produces or certifies a
   1-22  record under Subsection (a), but who is not required to appear in
   1-23  court, is not entitled to a witness fee under Section 22.001.
   1-24        (c)  The party who requests production or certification of a
   1-25  record shall pay the fee required for the record, as provided by
   1-26  this section, at the time the subpoena, request, or other
   1-27  instrument is served.
   1-28        (d)  The fee required by this section must be taxed in the
   1-29  bill of costs as other costs.
   1-30        (e)  The fee required by this section is in addition to any
   1-31  other fee imposed by law for the production or certification of a
   1-32  record.
   1-33        SECTION 2.  The importance of this legislation and the
   1-34  crowded condition of the calendars in both houses create an
   1-35  emergency and an imperative public necessity that the
   1-36  constitutional rule requiring bills to be read on three several
   1-37  days in each house be suspended, and this rule is hereby suspended,
   1-38  and that this Act take effect and be in force from and after its
   1-39  passage, and it is so enacted.
   1-40                               * * * * *