SRC-SLL H.B. 2922 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2922
By: Thompson (Ellis)
Jurisprudence
5-13-97
Engrossed


DIGEST 

Current law provides that a person may file any document or paper with a
court clerk regardless of whether the filing fee is paid or not and that
payment of the fee is not due until the clerk issues a bill. This bill
will authorize the county clerk and district clerk to refuse to file
documents that are not accompanied by the appropriate fee. 

PURPOSE

As proposed, H.B. 2922 authorizes the county clerk and district clerk to
refuse to file documents that are not accompanied by the appropriate fee. 

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 51.303(a), Government Code, to require a
district clerk to promptly file all papers or documents tendered for
filing with the records relating to or lawfully deposited with the clerk's
office when accompanied with the appropriate fee or bond authorized under
this subchapter.  Provides that the district clerk is not authorized or
required to file or record any paper or document until the payment or
tender of payment of the applicable fees or bond prescribed by this
subchapter has been paid unless the party who tenders the paper or
document is exempt from payment by law or is unable to pay and provides
the appropriate affidavit required under the supreme court's rules of
civil procedure. 

SECTION 2. Amends Section 51.320, Government Code, to require the district
clerk to promptly produce a bill for services that contains the
particulars of the fee charged upon request of any party who becomes
responsible for a fee under this subchapter.  Deletes existing text
regarding payment of the fee. 

SECTION 3. Amends Section 118.002, Local Government Code, to provide that
the county clerk is not authorized or required to file or record any paper
or document among the records of a county court proceeding until the
payment or tender of payment of the applicable fees or bond prescribed by
this chapter has been paid unless the party who tenders the paper or
document is exempt from payment by a law or is unable to pay and provides
the appropriate affidavit required under the supreme court's rules of
civil procedure.  Makes conforming changes. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.