1-1                                   AN ACT

 1-2     relating to certain duties of court clerks.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 51.317(b) and (c), Government Code, are

 1-5     amended to read as follows:

 1-6           (b)  The fees are:

 1-7                 (1)  for filing a suit, including an appeal from an

 1-8     inferior court and for filing a petition for preconviction

 1-9     [preindictment] writ of habeas corpus ......................... $45

1-10                 (2)  for filing a cross-action, counterclaim,

1-11     intervention, contempt action, motion for new trial, or third-party

1-12     petition ...................................................... $15

1-13                 (3)  [for issuing a subpoena, including one copy, when

1-14     requested at the time a suit or action is filed ................ $4]

1-15                 [(4)]  for issuing a citation or other writ or process

1-16     not otherwise provided for, including one copy, when requested at

1-17     the time a suit or  action is filed ............................ $8

1-18                 (4) [(5)]  for the records management and preservation

1-19     fund ......................................................... $5. 

1-20           (c)  The district clerk, after collecting a fee under

1-21     Subsection (b)(4) [(b)(5)], shall pay the fee to the county

1-22     treasurer, or to an official  who discharges the duties commonly

1-23     delegated to the county treasurer, for deposit in the records

1-24     management and preservation fund.

 2-1           SECTION 2.  Section 51.318(b), Government Code, is amended to

 2-2     read as follows:

 2-3           (b)  The fees are:

 2-4                 (1)  for issuing a subpoena [not provided for in

 2-5     Section 51.317], including one copy ............................ $8

 2-6                 (2)  for issuing a citation, commission for deposition,

 2-7     writ of execution, order of sale, writ of execution and order of

 2-8     sale, writ of injunction, writ of garnishment, writ of attachment,

 2-9     or writ of sequestration not provided for in Section 51.317, or any

2-10     other writ or process not otherwise provided for, including one

2-11     copy if required by law ........................................ $8

2-12                 (3)  for searching files or records to locate a cause

2-13     when the docket number is not provided ......................... $5

2-14                 (4)  for searching files or records to ascertain the

2-15     existence  of  an  instrument  or  record  in  the  district

2-16     clerk's office ................................................. $5

2-17                 (5)  for abstracting a judgment .................... $8

2-18                 (6)  for approving a bond .......................... $4

2-19                 (7)  for a certified copy of a record, judgment, order,

2-20     pleading, or paper on file or of record in the district clerk's

2-21     office, including certificate and seal, for each page or part of a

2-22     page ........................................................... $1

2-23                 (8)  for a noncertified copy, for each page or part of

2-24     a page ......................................... not to exceed $1. 

2-25           SECTION 3.  Section 51.604, Government Code, is amended to

2-26     read as follows:

2-27           Sec. 51.604.  JURY FEE.  (a)  The district clerk shall

 3-1     collect a $30 [$20] jury fee for each civil case [in district

 3-2     court] in which a person  applies for a jury trial.  The clerk of a

 3-3     county court or statutory county court shall collect a $22 [$17]

 3-4     jury fee for each civil case [in those courts] in which a person

 3-5     applies for a jury trial.  The  clerk shall note the payment of the

 3-6     fee on the court's docket.

 3-7           (b)  The fee required by this section must be paid by the

 3-8     person applying for a jury trial not later than the 10th day before

 3-9     the jury trial is scheduled to begin.

3-10           (c)  The fee required by this section includes [is in

3-11     addition to] the jury fee required by Rule 216, Texas Rules of

3-12     Civil Procedure, and any other jury fee allowed by law or rule.

3-13           SECTION 4.  Section 51.605, Government Code, is amended to

3-14     read as follows:

3-15           Sec. 51.605.  CONTINUING EDUCATION.  (a)  In this section,

3-16     [Whenever] the word "clerk" includes [is used in this section, it

3-17     shall refer to] a county clerk, [a] district clerk, or [a] county

3-18     and district clerk.

3-19           (b)  A clerk shall complete 20 hours of instruction regarding

3-20     the performance of the clerk's duties of office during each

3-21     calendar year that  begins after the clerk's election or

3-22     appointment to office [Within two years of the day on which a

3-23     person first takes office as clerk, he or she must successfully

3-24     complete 20 hours of  instruction in the performance of the duties

3-25     of office.]

3-26           [(c)  A clerk must successfully complete 20 hours of

3-27     continuing education courses in the performance of the duties of

 4-1     office at least one time in each 24-month period].

 4-2           SECTION 5.  Section 17.027(e), Civil Practice and Remedies

 4-3     Code, is repealed.

 4-4           SECTION 6.  Section 110.002(a), Family Code, is amended to

 4-5     read as follows:

 4-6           (a)  The clerk of the court may collect a filing fee of $15

 4-7     in a suit for filing:

 4-8                 (1)  a suit for modification;

 4-9                 (2)  a motion for enforcement;

4-10                 (3)  a notice of delinquency; [or]

4-11                 (4)  a motion to transfer;

4-12                 (5)  a petition for license suspension; or

4-13                 (6)  a motion to revoke a stay of license suspension.

4-14           SECTION 7.  Section 232.006(a), Family Code, is amended to

4-15     read as follows:

4-16           (a)  On the filing of a petition under Section 232.004, the

4-17     clerk of the court or Title IV-D agency shall issue to the obligor:

4-18                 (1)  notice of the obligor's right to a hearing before

4-19     the court or agency;

4-20                 (2)  notice of the deadline for requesting a hearing;

4-21     and

4-22                 (3)  a hearing request form if the proceeding is in a

4-23     Title IV-D case.

4-24           SECTION 8.  Section 232.008(c), Family Code, is amended to

4-25     read as follows:

4-26           (c)  A final order suspending license rendered by a court or

4-27     the Title IV-D agency shall be forwarded to the appropriate

 5-1     licensing authority by the clerk of the court or Title IV-D agency.

 5-2     The clerk shall collect from an obligor a fee of  $5 for each order

 5-3     mailed.

 5-4           SECTION 9.  Section 232.013(b), Family Code, is amended to

 5-5     read as follows:

 5-6           (b)  The clerk of the court or Title IV-D agency shall

 5-7     promptly deliver an order vacating or staying an order suspending

 5-8     license to the  appropriate licensing authority.  The clerk shall

 5-9     collect from an obligor a fee of $5 for each order mailed.

5-10           SECTION 10.  (a)  This Act takes effect September 1, 1997,

5-11     and applies to a fee collected on or after that date, except as

5-12     provided by Subsection  (b) of this section.

5-13           (b)  Section 3 of this Act takes effect January 1, 1998, and

5-14     applies to a fee collected on or after that date.

5-15           SECTION 11.  The importance of this legislation and the

5-16     crowded condition of the calendars in both houses create an

5-17     emergency and an imperative public necessity that the

5-18     constitutional rule requiring bills to be read on three several

5-19     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2273 was passed by the House on May

         15, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2273 was passed by the Senate on May

         26, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor