By Thompson                                           H.B. No. 2273

         75R5723 MWV-F                           

                                A BILL TO BE ENTITLED

 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:

 3-1           Sec. 51.604.  JURY FEE.  (a)  The district clerk shall

 3-2     collect a $30 [$20] jury fee for each civil case with the [in]

 3-3     district court in which a person  applies for a jury trial.  The

 3-4     clerk of a county court or statutory county court shall collect a

 3-5     $22 [$17] jury fee for each civil case with the county clerk [in

 3-6     those courts] in which a person applies for a jury trial.  The

 3-7     clerk shall note the payment of the fee on the court's docket

 3-8     sheet.

 3-9           (b)  The fee required by this section must be paid by the

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

3-11     the jury trial is scheduled to begin.

3-12           (c)  The fee required by this section includes [is in

3-13     addition to] the jury fee required by Rule 216, Texas Rules of

3-14     Civil Procedure, and any other jury fee allowed by law or rule.

3-15           SECTION 4.  Section 51.605, Government Code, is amended to

3-16     read as follows:

3-17           Sec. 51.605.  CONTINUING EDUCATION.  (a)  In this section,

3-18     [Whenever] the word "clerk" includes [is used in this section, it

3-19     shall refer to] a county clerk, [a] district clerk, or [a] county

3-20     and district clerk.

3-21           (b)  A clerk shall complete 20 hours of instruction regarding

3-22     the performance of the clerk's duties of office during each

3-23     calendar year that  begins after the clerk's election or

3-24     appointment to office [Within two years of the day on which a

3-25     person first takes office as clerk, he or she must successfully

3-26     complete 20 hours of  instruction in the performance of the duties

3-27     of office.]

 4-1           [(c)  A clerk must successfully complete 20 hours of

 4-2     continuing education courses in the performance of the duties of

 4-3     office at least one time in each 24-month period].

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

 4-5     Code, is amended to read as follows:

 4-6           (e)  The clerk shall [may] charge a fee for the issuance of a

 4-7     citation as provided by Section 51.317, Government Code.  The

 4-8     [except that the] affixing of a seal does [shall] not constitute

 4-9     issuance.  The clerk shall not charge for signing his name and

4-10     affixing the seal to a citation prepared by a plaintiff or his

4-11     attorney under this section.

4-12           SECTION 6.  Section 110.002(a), Family Code, is amended to

4-13     read as follows:

4-14           (a)  The clerk of the court may collect a filing fee of $15

4-15     in a suit for filing:

4-16                 (1)  a suit for modification;

4-17                 (2)  a motion for enforcement;

4-18                 (3)  a notice of delinquency; [or]

4-19                 (4)  a motion to transfer;

4-20                 (5)  a petition for license suspension; or

4-21                 (6)  a motion to revoke a stay of license suspension.

4-22           SECTION 7.  Section 232.006(a), Family Code, is amended to

4-23     read as follows:

4-24           (a)  On the filing of a petition under Section 232.004, the

4-25     clerk of the court or Title IV-D agency shall issue to the obligor:

4-26                 (1)  notice of the obligor's right to a hearing before

4-27     the court or agency;

 5-1                 (2)  notice of the deadline for requesting a hearing;

 5-2     and

 5-3                 (3)  a hearing request form if the proceeding is in a

 5-4     Title IV-D case.

 5-5           SECTION 8.  Section 232.008(c), Family Code, is amended to

 5-6     read as follows:

 5-7           (c)  A final order suspending license rendered by a court or

 5-8     the Title IV-D agency shall be forwarded to the appropriate

 5-9     licensing authority by the clerk of the court or Title IV-D agency.

5-10     The clerk shall collect from an obligor a fee of  $5 for each order

5-11     mailed.

5-12           SECTION 9.  Section 232.013(b), Family Code, is amended to

5-13     read as follows:

5-14           (b)  The clerk of the court or Title IV-D agency shall

5-15     promptly deliver an order vacating or staying an order suspending

5-16     license to the  appropriate licensing authority.  The clerk shall

5-17     collect from an obligor a fee of $5 for each order mailed.

5-18           SECTION 10.  (a)  This Act takes effect September 1, 1997,

5-19     and applies to a fee collected on or after that date, except as

5-20     provided by Subsection  (b) of this section.

5-21           (b)  Section 3 of this Act takes effect January 1, 1998, and

5-22     applies to a fee collected on or after that date.

5-23           SECTION 11.  The importance of this legislation and the

5-24     crowded condition of the calendars in both houses create an

5-25     emergency and an imperative public necessity that the

5-26     constitutional rule requiring bills to be read on three several

5-27     days in each house be suspended, and this rule is hereby suspended.

 6-1                          COMMITTEE AMENDMENT NO. 1

 6-2           Amend House Bill 2273, Section 3, on page 2, line 27, and

 6-3     page 3, lines 1 through 7, to read as follows:

 6-4           Sec. 51.604.  JURY FEE.  (a)  The district clerk shall

 6-5     collect a $30 [$20] jury fee for each civil case [in district

 6-6     court] in which a person applies for a jury trial.  The clerk of a

 6-7     county court or statutory county court shall collect a $22 [$17]

 6-8     jury fee for each civil case [in those courts] in which a person

 6-9     applies for a jury trial.  The clerk shall note the payment of the

6-10     fee on the court's docket.

6-11                                                                   Solis

6-12                          COMMITTEE AMENDMENT NO. 2

6-13           Amend House Bill 2273 on page 4 by striking lines 3 through

6-14     10 and substituting the following in lieu thereof:

6-15           SECTION 5.  Section 17.027(e), Civil Practice and Remedies

6-16     Code, is repealed.

6-17                                                                   Solis