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.