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.