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 * * * * *