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:
2-27 Sec. 51.604. JURY FEE. (a) The district clerk shall
3-1 collect a $30 [$20] jury fee for each civil case with the [in]
3-2 district court in which a person applies for a jury trial. The
3-3 clerk of a county court or statutory county court shall collect a
3-4 $22 [$17] jury fee for each civil case with the county clerk [in
3-5 those courts] in which a person applies for a jury trial. The
3-6 clerk shall note the payment of the fee on the court's docket
3-7 sheet.
3-8 (b) The fee required by this section must be paid by the
3-9 person applying for a jury trial not later than the 10th day before
3-10 the jury trial is scheduled to begin.
3-11 (c) The fee required by this section includes [is in
3-12 addition to] the jury fee required by Rule 216, Texas Rules of
3-13 Civil Procedure, and any other jury fee allowed by law or rule.
3-14 SECTION 4. Section 51.605, Government Code, is amended to
3-15 read as follows:
3-16 Sec. 51.605. CONTINUING EDUCATION. (a) In this section,
3-17 [Whenever] the word "clerk" includes [is used in this section, it
3-18 shall refer to] a county clerk, [a] district clerk, or [a] county
3-19 and district clerk.
3-20 (b) A clerk shall complete 20 hours of instruction regarding
3-21 the performance of the clerk's duties of office during each
3-22 calendar year that begins after the clerk's election or
3-23 appointment to office [Within two years of the day on which a
3-24 person first takes office as clerk, he or she must successfully
3-25 complete 20 hours of instruction in the performance of the duties
3-26 of office.]
3-27 [(c) A clerk must successfully complete 20 hours of
4-1 continuing education courses in the performance of the duties of
4-2 office at least one time in each 24-month period].
4-3 SECTION 5. Section 17.027(e), Civil Practice and Remedies
4-4 Code, is amended to read as follows:
4-5 (e) The clerk shall [may] charge a fee for the issuance of a
4-6 citation as provided by Section 51.317, Government Code. The
4-7 [except that the] affixing of a seal does [shall] not constitute
4-8 issuance. The clerk shall not charge for signing his name and
4-9 affixing the seal to a citation prepared by a plaintiff or his
4-10 attorney under this section.
4-11 SECTION 6. Section 110.002(a), Family Code, is amended to
4-12 read as follows:
4-13 (a) The clerk of the court may collect a filing fee of $15
4-14 in a suit for filing:
4-15 (1) a suit for modification;
4-16 (2) a motion for enforcement;
4-17 (3) a notice of delinquency; [or]
4-18 (4) a motion to transfer;
4-19 (5) a petition for license suspension; or
4-20 (6) a motion to revoke a stay of license suspension.
4-21 SECTION 7. Section 232.006(a), Family Code, is amended to
4-22 read as follows:
4-23 (a) On the filing of a petition under Section 232.004, the
4-24 clerk of the court or Title IV-D agency shall issue to the obligor:
4-25 (1) notice of the obligor's right to a hearing before
4-26 the court or agency;
4-27 (2) notice of the deadline for requesting a hearing;
5-1 and
5-2 (3) a hearing request form if the proceeding is in a
5-3 Title IV-D case.
5-4 SECTION 8. Section 232.008(c), Family Code, is amended to
5-5 read as follows:
5-6 (c) A final order suspending license rendered by a court or
5-7 the Title IV-D agency shall be forwarded to the appropriate
5-8 licensing authority by the clerk of the court or Title IV-D agency.
5-9 The clerk shall collect from an obligor a fee of $5 for each order
5-10 mailed.
5-11 SECTION 9. Section 232.013(b), Family Code, is amended to
5-12 read as follows:
5-13 (b) The clerk of the court or Title IV-D agency shall
5-14 promptly deliver an order vacating or staying an order suspending
5-15 license to the appropriate licensing authority. The clerk shall
5-16 collect from an obligor a fee of $5 for each order mailed.
5-17 SECTION 10. (a) This Act takes effect September 1, 1997,
5-18 and applies to a fee collected on or after that date, except as
5-19 provided by Subsection (b) of this section.
5-20 (b) Section 3 of this Act takes effect January 1, 1998, and
5-21 applies to a fee collected on or after that date.
5-22 SECTION 11. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.