PMWJ H.B. 2922 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 2922
By: Thompson
4-16-97
Committee Report (Unamended)



BACKGROUND 

 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.


PURPOSE

 This bill requires the district or county clerk to promptly 
produce bills for services for filing 
papers and documents and prohibits the clerk from filing such 
papers or documents unless the fee 
is paid or unless the party who tenders the paper or document is 
exempt from payment by law or 
under the rules of civil procedure.


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 ' 51.303, Duties and Powers [of 
district clerks], to add 
new language requiring the district clerk to promptly file all 
tendered papers and documents when 
accompanied by the appropriate fee or bond.  New language further 
provides that the clerk is NOT 
authorized to file a paper or document until the appropriate fee 
is paid unless the party who tenders 
the paper or document is exempt from payment by law or under the 
rules of civil procedure.

 SECTION 2 amends Tex. Gov't Code ' 51.320, Bill for Services, to 
require the district clerk 
to promptly produce a bill for services upon request of any party 
who becomes responsible for a fee. 
Current language provides that a fee is not payable until the 
district clerk produces a bill for services.

 SECTION 3 amends Tex. Local Gov't Code ' 118.002, Bill for Fees.
 New Subsec. (a) provides that the county clerk is NOT authorized 
to file a paper or 
document until the appropriate fee is paid unless the party who 
tenders the paper or 
document is exempt from payment by law or under the rules of 
civil procedure.
 Current Sec. 118.002 becomes new Subsec. (b) and is amended to to 
require the 
county clerk to promptly produce a bill for services upon request 
of any party who becomes 
responsible for a fee.  Current language provides that a fee is 
not payable until the county 
clerk produces a bill containing the details of the fee.

 SECTION 4.  Effective date.