ZEM H.B. 71 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 71
By: Longoria
4-30-97
Committee Report (Unamended)



BACKGROUND 

Civil suits involving multiple parties from outside the state of Texas are
being filed in counties throughout  the state.  The clerk must file these
suits and can only assess a one time clerk's fee against one of the
parties regardless of the number of plaintiffs and defendants.  The number
of plaintiffs can number in the thousands, as in the case of India vs.
Union Carbide with over 6,000 plaintiffs.  Hundreds of pleadings may be
filed that have to be maintained by the District Clerk as permanent record
at the expense of the county taxpayers. 

PURPOSE

To allow District clerks to collect, in addition to other fees, a $45.00
joint action filing fee from each  non-exempt plaintiff who is a party to
a joint action. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 51.317, Government Code, by adding Subsections
(d) and (e)  
to read as follows:

 (d)  Requires the district clerk to collect, in addition to other fees, a
$45 joint action filing fee from each plaintiff who is a party to a joint
action. 

 (e) Exempts the plaintiff from the filing fee if he establishes, by
affidavit, that the action is a Family Code matter, the plaintiff is
indigent, the fees have been paid for each plaintiff, or the plaintiff is
a resident of this state. 

SECTION 2. Effective date: September 1, 1997.  Applies prospectively;
savings clause. 

SECTION 3. Emergency clause.