1-1  By:  Thompson (Senate Sponsor - Henderson)            H.B. No. 2398
    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 24, 1995, reported favorably by the following
    1-5  vote:  Yeas 7, Nays 0; May 24, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to duties of the district clerk.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10                   ARTICLE 1.  DISTRICT CLERK DUTIES
   1-11        SECTION 1.01.  Sections 51.317(b) and (c), Government Code,
   1-12  are amended to read as follows:
   1-13        (b)  The fees are:
   1-14              (1)  for filing a suit, including an appeal from an
   1-15  inferior court and for filing a petition for preindictment writ of
   1-16  habeas corpus...................................................$45
   1-17              (2)  for filing a cross-action, intervention, contempt
   1-18  action, <or> motion for new trial, or third-party petition......$15
   1-19              (3)  for issuing a subpoena, including one copy, when
   1-20  requested at the time a suit or action is filed.................$ 4
   1-21              (4)  for issuing a citation or other writ or process
   1-22  not otherwise provided for, including one copy, when requested at
   1-23  the time a suit or action is filed..............................$ 8
   1-24              (5)  <for issuing an additional copy of a process not
   1-25  otherwise provided for, when requested at the time a suit or action
   1-26  is filed........................................................$ 4>
   1-27              <(6)>  for the records management  and  preservation
   1-28  fund..........................................................$ 5.
   1-29        (c)  The district clerk, after collecting a fee under
   1-30  Subsection (b)(5) <(b)(6)>, shall pay the fee to the county
   1-31  treasurer, or to an official who discharges the duties commonly
   1-32  delegated to the county treasurer, for deposit in the records
   1-33  management and preservation fund.
   1-34        SECTION 1.02.  Section 51.318(b), Government Code, is amended
   1-35  to read as follows:
   1-36        (b)  The fees are:
   1-37              (1)  for issuing a subpoena not provided for in Section
   1-38  51.317, including one copy..................................$8 <$4>
   1-39              (2)  for issuing a citation, commission for deposition,
   1-40  writ of execution, order of sale, writ of execution and order of
   1-41  sale, writ of injunction, writ of garnishment, writ of attachment,
   1-42  or writ of sequestration not provided for in Section 51.317, or any
   1-43  other writ or process not otherwise provided for, including one
   1-44  copy if required by law..........................................$8
   1-45              (3)  <for an additional copy of a writ or process not
   1-46  otherwise provided for...........................................$4>
   1-47              <(4)>  for searching files or records to locate a cause
   1-48  when the docket number is not provided...........................$5
   1-49              (4) <(5)>  for searching files or records to ascertain
   1-50  the existence of an instrument or record in the district clerk's
   1-51  office...........................................................$5
   1-52              (5) <(6)  for certifying a fact contained in a record
   1-53  in the district clerk's office...................................$2>
   1-54              <(7)  for   issuing   a   deposition,   for   each  100
   1-55  words......................................................20 cents>
   1-56              <(8)  for issuing interrogatories with certificate and
   1-57  seal, for each page or part of a page............................$1>
   1-58              <(9)>  for abstracting a judgment...............$8 <$4>
   1-59              (6) <(10)>  for approving a bond.....................$4
   1-60              (7) <(11)>  for a certified copy of a record, judgment,
   1-61  order, pleading, or paper on file or of record in the district
   1-62  clerk's office, including certificate and seal, for each page or
   1-63  part of a page...................................................$1
   1-64              (8)  for a noncertified copy, for each page or  part of
   1-65  a page............................................not to exceed $1.
   1-66        SECTION 1.03.  Section 51.319, Government Code, is amended to
   1-67  read as follows:
   1-68        Sec. 51.319.  Other Fees.  The district clerk shall collect
    2-1  the following fees for services performed by the clerk:
    2-2              (1)  <for comparing to the original a copy of a
    2-3  petition, judgment, order, or other instrument necessary in the
    2-4  district court, submitted by the plaintiff or defendant, a fee of
    2-5  10 cents a page;>
    2-6              <(2)  for certifying an instrument described in
    2-7  Subdivision (1) by attaching a certificate of true copy and
    2-8  sealing, a fee of $1;>
    2-9              <(3)>  for performing services related to the matter of
   2-10  the estate of a deceased person or a minor transacted in the
   2-11  district court, the same fees allowed the county clerk for those
   2-12  services;
   2-13              (2) <(4)>  for serving process by certified or
   2-14  registered mail, the same fee that sheriffs and constables are
   2-15  authorized to charge for the service under Section 118.131, Local
   2-16  Government Code <1, Chapter 696, Acts of the 59th Legislature,
   2-17  Regular Session, 1965 (Article 3933a, Vernon's Texas Civil
   2-18  Statutes), to charge for the service>; and
   2-19              (3) <(5)>  for performing any other service prescribed
   2-20  or authorized by law for which no fee is set by law, a reasonable
   2-21  fee.
   2-22        SECTION 1.04.  Section 51.604, Government Code, is amended to
   2-23  read as follows:
   2-24        Sec. 51.604.  JURY FEE <IN CERTAIN COUNTIES>.  (a)  <This
   2-25  section applies only to counties with a population of two million
   2-26  or more.>
   2-27        <(b)>  The district clerk shall collect a $20 jury fee for
   2-28  each civil case in district court in which a person applies for a
   2-29  jury trial.  The clerk of a county court or statutory county court
   2-30  shall collect a $17 jury fee for each civil case in those courts in
   2-31  which a person applies for a jury trial.  The clerk shall note the
   2-32  payment of the fee on the court's docket sheet.
   2-33        (b) <(c)>  The fee required by this section must be paid by
   2-34  the person applying for a jury trial not later than the 10th day
   2-35  before the jury trial is scheduled to begin.
   2-36        (c) <(d)>  The fee required by this section is in addition to
   2-37  the jury fee required by Rule 216, Texas Rules of Civil Procedure,
   2-38  and any other fee allowed by law or rule.
   2-39        SECTION 1.05.  Sections 51.303(d) and 51.321, Government
   2-40  Code, are repealed.
   2-41                   ARTICLE 2.  CONFORMING AMENDMENTS
   2-42        SECTION 2.01.  Section 14.806(d), Family Code, is amended to
   2-43  read as follows:
   2-44        (d)  A clerk of a district court is entitled to collect a fee
   2-45  for:
   2-46              (1)  the filing of a petition under this section as
   2-47  provided by Section 51.317(b)(1), Government Code;
   2-48              (2)  the issuance of notice or process as provided by
   2-49  Section 51.317(b)(4), Government Code; and
   2-50              (3)  service of notice or citation as provided by
   2-51  Section 51.319(2) <51.319(4)>, Government Code, or as otherwise
   2-52  provided by law.
   2-53        SECTION 2.02.  Sections 76.009(a) and (b), Human Resources
   2-54  Code, are amended to read as follows:
   2-55        (a)  In, or in connection with, a Title IV-D case brought by
   2-56  the attorney general or a private attorney or political subdivision
   2-57  that has entered into a contract under Section 76.007(b), the
   2-58  attorney general shall pay the following fees in a suit affecting
   2-59  the parent-child relationship under Title 2, Family Code, including
   2-60  a suit to establish paternity, a motion to enforce or modify a
   2-61  decree, or a notice of child support delinquency, or in a suit
   2-62  under Chapter 21, Family Code:
   2-63              (1)  filing fees and fees for issuance and service of
   2-64  process as provided by Sections 51.317, 51.318(b)(2), and 51.319(2)
   2-65  <51.319(4)>, Government Code, and Section 14.13, Family Code;
   2-66              (2)  fees for transfer as provided by Section 11.06(l)
   2-67  or Section 14.13, Family Code;
   2-68              (3)  fees for the issuance and delivery of orders and
   2-69  writs of income withholding in the amounts provided by Sections
   2-70  14.43 and 14.45(h), Family Code;
    3-1              (4)  a fee of $45 for each item of process to each
    3-2  individual on whom service is required, including service by
    3-3  certified or registered mail, to be paid to a sheriff, constable,
    3-4  or clerk whenever service of process is required; and
    3-5              (5)  mileage costs incurred by a sheriff or constable
    3-6  when traveling out of the county to execute an outstanding warrant
    3-7  or capias, to be reimbursed at a rate not to exceed the rate
    3-8  provided for mileage incurred by state employees in the General
    3-9  Appropriations Act.
   3-10        (b)  Except as provided by Subsections (a) and (d), a
   3-11  district or county clerk, sheriff, constable, or other government
   3-12  officer or employee may not charge the attorney general or a
   3-13  private attorney or political subdivision that has entered into a
   3-14  contract under Section 76.007(b) any fees or other amounts
   3-15  otherwise imposed by law for services rendered in, or in connection
   3-16  with, a Title IV-D case, including:
   3-17              (1)  a fee payable to a district clerk under Sections
   3-18  51.319(1) and<, (2),> (3)<, and (5)>, Government Code;
   3-19              (2)  a court reporter fee under Section 51.601,
   3-20  Government Code, except as provided by Subsection (i) of this
   3-21  section;
   3-22              (3)  a judicial fund fee under Section 51.701,
   3-23  Government Code;
   3-24              (4)  a fee for a child support registry, enforcement
   3-25  office, or domestic relations office; and
   3-26              (5)  a fee for alternative dispute resolution services.
   3-27        SECTION 2.03.  Section 51.702(e), Government Code, is amended
   3-28  to read as follows:
   3-29        (e)  Section <Sections> 51.320 applies <and 51.321 apply> to
   3-30  a fee or cost collected under this section.
   3-31           ARTICLE 3.  EFFECTIVE DATE; TRANSITION; EMERGENCY
   3-32        SECTION 3.01.  This Act takes effect September 1, 1995, and
   3-33  applies to fees that become payable on or after that date.  A fee
   3-34  that became payable before the effective date of this Act is
   3-35  governed by the law in effect when the fee became payable and that
   3-36  law is continued in effect for that purpose.
   3-37        SECTION 3.02.  The importance of this legislation and the
   3-38  crowded condition of the calendars in both houses create an
   3-39  emergency and an imperative public necessity that the
   3-40  constitutional rule requiring bills to be read on three several
   3-41  days in each house be suspended, and this rule is hereby suspended.
   3-42                               * * * * *