SRC-SLL H.B. 2273 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2273
By: Thompson (Ellis)
Jurisprudence
5-16-97
Engrossed


DIGEST 

Currently, it is not clear whether a motion to suspend a license for
failure to pay child support is a new action or a sanction on a motion to
enforce; furthermore, no fees are allowed, although the court clerk must
incur administrative and postage costs to give notice of license
suspension motions and orders.  Additionally, jury fees do not begin to
approach the costs for calling a voir dire panel should one be necessary.
Finally, continuing education requirements for court clerks are inadequate
and antiquated.  This bill will provide regulations regarding certain
duties of court clerks. 

PURPOSE

As proposed, H.B. 2273 provides regulations regarding certain duties of
court clerks. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 51.317(b) and (c), Government Code, to set
forth the fees for filing a petition for preconviction, rather than
preindictment, suit, or a counterclaim.  Deletes the fee for issuing a
subpoena.  Requires the district clerk, after collecting a fee under
Subsection (b)(4), rather than Subsection (b)(5), to pay the fee to
certain persons for deposit in the records management and preservation
fund.  

SECTION 2. Amends Section 51.318(b), Government Code, to make a conforming
change. 

SECTION 3. Amends Section 51.604, Government Code, to require the district
clerk to collect a $30, rather than $20, jury fee for each civil case,
rather than each civil case in district court, in which a person applies
for a jury trial.  Requires the clerk of a county court or statutory
county court to collect a $22, rather than $17, jury fee for each civil
case in which a person applies for a jury trial. Provides that the fee
required by this section includes, rather than is in addition to, the jury
fee required by Rule 216, Texas Rules of Civil Procedure, and any other
jury fee allowed by law or rule. 

SECTION 4. Amends Section 51.605, Government Code, to require a clerk to
complete 20 hours of instruction regarding the performance of the clerk's
duties of office during each calendar year that begins after the clerk's
election or appointment to office.  Makes conforming and nonsubstantive
changes. 

SECTION 5. Repealer: Section 17.027(e), Civil Practice and Remedies Code
(Regarding a fee for issuance of a citation). 

SECTION 6. Amends Section 110.002(a), Family Code, to authorize the clerk
of the court to collect a filing fee of $15 in a suit for filing a
petition for license suspension or a motion to revoke a stay of license
suspension. 

SECTION 7. Amends Section 232.006(a), Family Code, to make a
nonsubstantive change. 

SECTION 8. Amends Section 232.008(c), Family Code, to require a final
order suspending license  rendered by a court or the Title IV-D agency to
be forwarded to the appropriate licensing authority by the clerk of the
court or Title IV-D agency.  Requires the clerk to collect from the
obligor a fee of $5 for each order mailed. 

SECTION 9. Amends Section 232.013(b), Family Code, to make conforming
changes. 

SECTION 10. (a) Effective date: September 1, 1997, except as provided by
Subsection (b).  Makes application of this Act prospective. 

(b) Effective date for SECTION 3: January 1, 1998.  Makes application of
this Act prospective. 

SECTION 11. Emergency clause.