SRC-TNM H.B. 2309 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2309
By: Thompson (Ellis)
Jurisprudence
5-15-97
Engrossed


DIGEST 

Currently, justices of the peace handle high volumes of paperwork, civil,
administrative, criminal, and magisterial.  Copies of documents, including
certified copies, are requested by, and furnished to not only citizens,
but large numbers of public and private agencies.  Under Section 118.121,
Local Government Code, a justice of the peace is authorized only to
collect the "copy charge" which may not exceed the cost for copies
designated by the State Purchasing and General Services Commission. H.B.
2309 would allow justices of the peace to collect a fee for copies,
including certified copies, that would include the costs of labor and
equipment, and bring the fees charged comparative to similar fees charged
by district and county clerks for the same or similar services. 

PURPOSE

As proposed, H.B. 2309 outlines provisions regarding fees charged by a
justice of the peace. 

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 Section 118.121, Local Government Code, to set forth
fees and services a justice of the peace is required to collect for
services rendered to any person. 

SECTION 2. Amends Section 118.123(e), Local Government Code, to provide
that the fee for "issuing other document (no return required)" under
Section 118.121(2) is for issuing a certificate, rather than a certified
copy, or any other document, except for a certified copy of court papers,
that a justice of the peace is authorized to issue.  Deletes text
regarding the fee charged for each page of a document. 

SECTION 3. Amends Chapter 118E, Local Government Code, by adding Section
118.1235, as follows: 

Sec. 118.1235. FEE FOR CERTIFIED COPY. Provides that the fee for
"certified copy of court papers" under Section 118.121(2) is for issuing a
certified copy of a paper filed in a justice court or a small claims
court.  Requires the fee to be paid at the time the order is placed. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.