H.B. No. 2398
1-1 AN ACT
1-2 relating to duties of the district clerk.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. DISTRICT CLERK DUTIES
1-5 SECTION 1.01. Sections 51.317(b) and (c), Government Code,
1-6 are amended to read as follows:
1-7 (b) The fees are:
1-8 (1) for filing a suit, including an appeal from an
1-9 inferior court and for filing a petition for preindictment writ of
1-10 habeas corpus...................................................$45
1-11 (2) for filing a cross-action, intervention, contempt
1-12 action, <or> motion for new trial, or third-party petition......$15
1-13 (3) for issuing a subpoena, including one copy, when
1-14 requested at the time a suit or action is filed.................$ 4
1-15 (4) for issuing a citation or other writ or process
1-16 not otherwise provided for, including one copy, when requested at
1-17 the time a suit or action is filed..............................$ 8
1-18 (5) <for issuing an additional copy of a process not
1-19 otherwise provided for, when requested at the time a suit or action
1-20 is filed........................................................$ 4>
1-21 <(6)> for the records management and preservation
1-22 fund..........................................................$ 5.
1-23 (c) The district clerk, after collecting a fee under
1-24 Subsection (b)(5) <(b)(6)>, shall pay the fee to the county
2-1 treasurer, or to an official who discharges the duties commonly
2-2 delegated to the county treasurer, for deposit in the records
2-3 management and preservation fund.
2-4 SECTION 1.02. Section 51.318(b), Government Code, is amended
2-5 to read as follows:
2-6 (b) The fees are:
2-7 (1) for issuing a subpoena not provided for in Section
2-8 51.317, including one copy..................................$8 <$4>
2-9 (2) for issuing a citation, commission for deposition,
2-10 writ of execution, order of sale, writ of execution and order of
2-11 sale, writ of injunction, writ of garnishment, writ of attachment,
2-12 or writ of sequestration not provided for in Section 51.317, or any
2-13 other writ or process not otherwise provided for, including one
2-14 copy if required by law..........................................$8
2-15 (3) <for an additional copy of a writ or process not
2-16 otherwise provided for...........................................$4>
2-17 <(4)> for searching files or records to locate a cause
2-18 when the docket number is not provided...........................$5
2-19 (4) <(5)> for searching files or records to ascertain
2-20 the existence of an instrument or record in the district clerk's
2-21 office...........................................................$5
2-22 (5) <(6) for certifying a fact contained in a record
2-23 in the district clerk's office...................................$2>
2-24 <(7) for issuing a deposition, for each 100
2-25 words......................................................20 cents>
2-26 <(8) for issuing interrogatories with certificate and
2-27 seal, for each page or part of a page............................$1>
3-1 <(9)> for abstracting a judgment...............$8 <$4>
3-2 (6) <(10)> for approving a bond.....................$4
3-3 (7) <(11)> for a certified copy of a record, judgment,
3-4 order, pleading, or paper on file or of record in the district
3-5 clerk's office, including certificate and seal, for each page or
3-6 part of a page...................................................$1
3-7 (8) for a noncertified copy, for each page or part of
3-8 a page............................................not to exceed $1.
3-9 SECTION 1.03. Section 51.319, Government Code, is amended to
3-10 read as follows:
3-11 Sec. 51.319. Other Fees. The district clerk shall collect
3-12 the following fees for services performed by the clerk:
3-13 (1) <for comparing to the original a copy of a
3-14 petition, judgment, order, or other instrument necessary in the
3-15 district court, submitted by the plaintiff or defendant, a fee of
3-16 10 cents a page;>
3-17 <(2) for certifying an instrument described in
3-18 Subdivision (1) by attaching a certificate of true copy and
3-19 sealing, a fee of $1;>
3-20 <(3)> for performing services related to the matter of
3-21 the estate of a deceased person or a minor transacted in the
3-22 district court, the same fees allowed the county clerk for those
3-23 services;
3-24 (2) <(4)> for serving process by certified or
3-25 registered mail, the same fee that sheriffs and constables are
3-26 authorized to charge for the service under Section 118.131, Local
3-27 Government Code <1, Chapter 696, Acts of the 59th Legislature,
4-1 Regular Session, 1965 (Article 3933a, Vernon's Texas Civil
4-2 Statutes), to charge for the service>; and
4-3 (3) <(5)> for performing any other service prescribed
4-4 or authorized by law for which no fee is set by law, a reasonable
4-5 fee.
4-6 SECTION 1.04. Section 51.604, Government Code, is amended to
4-7 read as follows:
4-8 Sec. 51.604. JURY FEE <IN CERTAIN COUNTIES>. (a) <This
4-9 section applies only to counties with a population of two million
4-10 or more.>
4-11 <(b)> The district clerk shall collect a $20 jury fee for
4-12 each civil case in district court in which a person applies for a
4-13 jury trial. The clerk of a county court or statutory county court
4-14 shall collect a $17 jury fee for each civil case in those courts in
4-15 which a person applies for a jury trial. The clerk shall note the
4-16 payment of the fee on the court's docket sheet.
4-17 (b) <(c)> The fee required by this section must be paid by
4-18 the person applying for a jury trial not later than the 10th day
4-19 before the jury trial is scheduled to begin.
4-20 (c) <(d)> The fee required by this section is in addition to
4-21 the jury fee required by Rule 216, Texas Rules of Civil Procedure,
4-22 and any other fee allowed by law or rule.
4-23 SECTION 1.05. Sections 51.303(d) and 51.321, Government
4-24 Code, are repealed.
4-25 ARTICLE 2. CONFORMING AMENDMENTS
4-26 SECTION 2.01. Section 14.806(d), Family Code, is amended to
4-27 read as follows:
5-1 (d) A clerk of a district court is entitled to collect a fee
5-2 for:
5-3 (1) the filing of a petition under this section as
5-4 provided by Section 51.317(b)(1), Government Code;
5-5 (2) the issuance of notice or process as provided by
5-6 Section 51.317(b)(4), Government Code; and
5-7 (3) service of notice or citation as provided by
5-8 Section 51.319(2) <51.319(4)>, Government Code, or as otherwise
5-9 provided by law.
5-10 SECTION 2.02. Sections 76.009(a) and (b), Human Resources
5-11 Code, are amended to read as follows:
5-12 (a) In, or in connection with, a Title IV-D case brought by
5-13 the attorney general or a private attorney or political subdivision
5-14 that has entered into a contract under Section 76.007(b), the
5-15 attorney general shall pay the following fees in a suit affecting
5-16 the parent-child relationship under Title 2, Family Code, including
5-17 a suit to establish paternity, a motion to enforce or modify a
5-18 decree, or a notice of child support delinquency, or in a suit
5-19 under Chapter 21, Family Code:
5-20 (1) filing fees and fees for issuance and service of
5-21 process as provided by Sections 51.317, 51.318(b)(2), and 51.319(2)
5-22 <51.319(4)>, Government Code, and Section 14.13, Family Code;
5-23 (2) fees for transfer as provided by Section 11.06(l)
5-24 or Section 14.13, Family Code;
5-25 (3) fees for the issuance and delivery of orders and
5-26 writs of income withholding in the amounts provided by Sections
5-27 14.43 and 14.45(h), Family Code;
6-1 (4) a fee of $45 for each item of process to each
6-2 individual on whom service is required, including service by
6-3 certified or registered mail, to be paid to a sheriff, constable,
6-4 or clerk whenever service of process is required; and
6-5 (5) mileage costs incurred by a sheriff or constable
6-6 when traveling out of the county to execute an outstanding warrant
6-7 or capias, to be reimbursed at a rate not to exceed the rate
6-8 provided for mileage incurred by state employees in the General
6-9 Appropriations Act.
6-10 (b) Except as provided by Subsections (a) and (d), a
6-11 district or county clerk, sheriff, constable, or other government
6-12 officer or employee may not charge the attorney general or a
6-13 private attorney or political subdivision that has entered into a
6-14 contract under Section 76.007(b) any fees or other amounts
6-15 otherwise imposed by law for services rendered in, or in connection
6-16 with, a Title IV-D case, including:
6-17 (1) a fee payable to a district clerk under Sections
6-18 51.319(1) and<, (2),> (3)<, and (5)>, Government Code;
6-19 (2) a court reporter fee under Section 51.601,
6-20 Government Code, except as provided by Subsection (i) of this
6-21 section;
6-22 (3) a judicial fund fee under Section 51.701,
6-23 Government Code;
6-24 (4) a fee for a child support registry, enforcement
6-25 office, or domestic relations office; and
6-26 (5) a fee for alternative dispute resolution services.
6-27 SECTION 2.03. Section 51.702(e), Government Code, is amended
7-1 to read as follows:
7-2 (e) Section <Sections> 51.320 applies <and 51.321 apply> to
7-3 a fee or cost collected under this section.
7-4 ARTICLE 3. EFFECTIVE DATE; TRANSITION; EMERGENCY
7-5 SECTION 3.01. This Act takes effect September 1, 1995, and
7-6 applies to fees that become payable on or after that date. A fee
7-7 that became payable before the effective date of this Act is
7-8 governed by the law in effect when the fee became payable and that
7-9 law is continued in effect for that purpose.
7-10 SECTION 3.02. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended.