PMWJ H.B. 2273 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 2273 By: Thompson 4-2-97 Committee Report (Amended) BACKGROUND Recent conferences by the County and District Associations revealed the need for several changes in current court fee laws. 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. Jury fees do not begin to approach the costs for calling a voir dire panel should one become necessary. Continuing education requirements for court clerks are deemed inadequate and antiquated. PURPOSE House Bill 2273 makes nonsubstantive clarifications to current law. It abolishes the current $4 fee for issuance of a subpoena at the time filing because current law provides an $8 fee at any other time. It adds a $5 fee for mailing each order suspending a license and a $5 fee for mailing each order staying or vacating an order suspending a license. It increases the jury fee. HB 2273 also changes the 20-hour continuing education requirement for court clerks from biennially to annually. 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 Tex. Gov't Code '' 51.317(b) and 51.317(c). Subsec. (b)(1) is amended to change "preindictment writ of habeas corpus" to "preconviction writ of of habeas corpus." In Subsec. (b)(2), counterclaims are added to list of actions for which a $15 fee may be collected. Subsec. (b)(3), providing for a $4 fee for issuance of a subpoena at the time the suit is filed, is repealed. Subsecs. (b)(4) and (b)(5) are renumbered as (b)(3) as (b)(4), respectively. A conforming change, listing current Subsec. (b)(5) as (b)(4), is made in Subsec. (c). SECTION 2 amends Tex. Gov't Code '' 51.318(b)(1) by striking "not provided for in Section 51.317" from "for issuing a subpoena not provided for in Section 51.317, including one copy." SECTION 3 amends Tex. Gov't Code '' 51.604. Subsec. (a) is amended to increase the jury fee from $20 to $30 for each civil case in district court and from $17 to $22 for civil case filed with the county clerk. Subsec. (b) is unchanged. Current Subsec. (c) provides the jury fee listed in this section is in addition to jury fees required by the Texas Rules of Civil Procedure and any other jury fee allowed by law. The amended Subsec. (c) provides that the jury fee listed in this section includes jury fees required by the Texas Rules of Civil Procedure and any other jury fee allowed by law. SECTION 4 amends Tex. Gov't Code '' 51.605, Continuing Education [for Court Clerks]. Subsec. (a) is amended to make nonsubstantive changes in language. Subsec. (b) changes the current requirement that clerks complete 20 hours of continuing education within the first two years of assuming office to 20 hours of continuing education annually. Subsec. (c), requiring clerks to complete 20 hours of continuing education every two years, is repealed. SECTION 5 amends Tex. Civ. Prac. & Remedies Code ' 17.027(e) to require, instead of authorize, the clerk to charge a fee for the issuance of citation; it clarifies this section by adding "as provided by Section 51.317, Government Code." Section 5 also rewords a provision that the affixing of a seal does not constitute issuance. SECTION 6 adds Subdivisions (5) and (6) to Tex. Family Code ' 110.002(a), listing the $15 filing fees for post-adjudication motions in family cases. New Subdivisions (5) and (6) add petitions for license suspension and motions to revoke a stay of license suspension, respectively. SECTION 7 amends Tex. Family Code ' 232.006(a) to clarify that the clerk of the court and not the court issues the notice of the obligor's right to a hearing, notice of the deadline for a hearing, and hearing request form. SECTION 8 amends Tex. Family Code ' 232.008(c) to clarify that the clerk or Title IV-D agency shall forward a final order suspending a license to the appropriate licensing authority. New language adds a $5 fee from the obligor for each order mailed. SECTION 9 amends Tex. Family Code ' 232.013(b) that the clerk of the court and not the court shall deliver an order vacating or staying an order suspending a license. New language adds a $5 fee from the obligor for each order mailed. SECTION 10. Effective date. Application of act. SECTION 11. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 clarifies that the $30 jury fee applies to each case filed with the district clerk regardless in which court the case is filed. Committee Amendment No. 2 repeals Civ. Prac. & Rem. Code ' 17.027(e), authorizing the clerk to charge a fee for issuance of a subpoena. Together with the repeal of the fee for issuance of subpoena at filing (Section 51.317(b)(3) in Section 1 of this bill), this places the fee for issuance of a subpoena in one place.