1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 2273
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain duties of court clerks.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 51.317(b) and (c), Government Code, are
1-11 amended to read as follows:
1-12 (b) The fees are:
1-13 (1) for filing a suit, including an appeal from an
1-14 inferior court and for filing a petition for preconviction
1-15 [preindictment] writ of habeas corpus ......................... $45
1-16 (2) for filing a cross-action, counterclaim,
1-17 intervention, contempt action, motion for new trial, or third-party
1-18 petition ...................................................... $15
1-19 (3) [for issuing a subpoena, including one copy, when
1-20 requested at the time a suit or action is filed ................ $4]
1-21 [(4)] for issuing a citation or other writ or process
1-22 not otherwise provided for, including one copy, when requested at
1-23 the time a suit or action is filed ............................ $8
1-24 (4) [(5)] for the records management and preservation
1-25 fund ......................................................... $5.
1-26 (c) The district clerk, after collecting a fee under
1-27 Subsection (b)(4) [(b)(5)], shall pay the fee to the county
1-28 treasurer, or to an official who discharges the duties commonly
1-29 delegated to the county treasurer, for deposit in the records
1-30 management and preservation fund.
1-31 SECTION 2. Section 51.318(b), Government Code, is amended to
1-32 read as follows:
1-33 (b) The fees are:
1-34 (1) for issuing a subpoena [not provided for in
1-35 Section 51.317], including one copy ............................ $8
1-36 (2) for issuing a citation, commission for deposition,
1-37 writ of execution, order of sale, writ of execution and order of
1-38 sale, writ of injunction, writ of garnishment, writ of attachment,
1-39 or writ of sequestration not provided for in Section 51.317, or any
1-40 other writ or process not otherwise provided for, including one
1-41 copy if required by law ........................................ $8
1-42 (3) for searching files or records to locate a cause
1-43 when the docket number is not provided ......................... $5
1-44 (4) for searching files or records to ascertain the
1-45 existence of an instrument or record in the district
1-46 clerk's office ................................................. $5
1-47 (5) for abstracting a judgment .................... $8
1-48 (6) for approving a bond .......................... $4
1-49 (7) for a certified copy of a record, judgment, order,
1-50 pleading, or paper on file or of record in the district clerk's
1-51 office, including certificate and seal, for each page or part of a
1-52 page ........................................................... $1
1-53 (8) for a noncertified copy, for each page or part of
1-54 a page ......................................... not to exceed $1.
1-55 SECTION 3. Section 51.604, Government Code, is amended to
1-56 read as follows:
1-57 Sec. 51.604. JURY FEE. (a) The district clerk shall
1-58 collect a $30 [$20] jury fee for each civil case [in district
1-59 court] in which a person applies for a jury trial. The clerk of a
1-60 county court or statutory county court shall collect a $22 [$17]
1-61 jury fee for each civil case [in those courts] in which a person
1-62 applies for a jury trial. The clerk shall note the payment of the
1-63 fee on the court's docket.
1-64 (b) The fee required by this section must be paid by the
2-1 person applying for a jury trial not later than the 10th day before
2-2 the jury trial is scheduled to begin.
2-3 (c) The fee required by this section includes [is in
2-4 addition to] the jury fee required by Rule 216, Texas Rules of
2-5 Civil Procedure, and any other jury fee allowed by law or rule.
2-6 SECTION 4. Section 51.605, Government Code, is amended to
2-7 read as follows:
2-8 Sec. 51.605. CONTINUING EDUCATION. (a) In this section,
2-9 [Whenever] the word "clerk" includes [is used in this section, it
2-10 shall refer to] a county clerk, [a] district clerk, or [a] county
2-11 and district clerk.
2-12 (b) A clerk shall complete 20 hours of instruction regarding
2-13 the performance of the clerk's duties of office during each
2-14 calendar year that begins after the clerk's election or
2-15 appointment to office [Within two years of the day on which a
2-16 person first takes office as clerk, he or she must successfully
2-17 complete 20 hours of instruction in the performance of the duties
2-18 of office.]
2-19 [(c) A clerk must successfully complete 20 hours of
2-20 continuing education courses in the performance of the duties of
2-21 office at least one time in each 24-month period].
2-22 SECTION 5. Section 17.027(e), Civil Practice and Remedies
2-23 Code, is repealed.
2-24 SECTION 6. Section 110.002(a), Family Code, is amended to
2-25 read as follows:
2-26 (a) The clerk of the court may collect a filing fee of $15
2-27 in a suit for filing:
2-28 (1) a suit for modification;
2-29 (2) a motion for enforcement;
2-30 (3) a notice of delinquency; [or]
2-31 (4) a motion to transfer;
2-32 (5) a petition for license suspension; or
2-33 (6) a motion to revoke a stay of license suspension.
2-34 SECTION 7. Section 232.006(a), Family Code, is amended to
2-35 read as follows:
2-36 (a) On the filing of a petition under Section 232.004, the
2-37 clerk of the court or Title IV-D agency shall issue to the obligor:
2-38 (1) notice of the obligor's right to a hearing before
2-39 the court or agency;
2-40 (2) notice of the deadline for requesting a hearing;
2-41 and
2-42 (3) a hearing request form if the proceeding is in a
2-43 Title IV-D case.
2-44 SECTION 8. Section 232.008(c), Family Code, is amended to
2-45 read as follows:
2-46 (c) A final order suspending license rendered by a court or
2-47 the Title IV-D agency shall be forwarded to the appropriate
2-48 licensing authority by the clerk of the court or Title IV-D agency.
2-49 The clerk shall collect from an obligor a fee of $5 for each order
2-50 mailed.
2-51 SECTION 9. Section 232.013(b), Family Code, is amended to
2-52 read as follows:
2-53 (b) The clerk of the court or Title IV-D agency shall
2-54 promptly deliver an order vacating or staying an order suspending
2-55 license to the appropriate licensing authority. The clerk shall
2-56 collect from an obligor a fee of $5 for each order mailed.
2-57 SECTION 10. (a) This Act takes effect September 1, 1997,
2-58 and applies to a fee collected on or after that date, except as
2-59 provided by Subsection (b) of this section.
2-60 (b) Section 3 of this Act takes effect January 1, 1998, and
2-61 applies to a fee collected on or after that date.
2-62 SECTION 11. The importance of this legislation and the
2-63 crowded condition of the calendars in both houses create an
2-64 emergency and an imperative public necessity that the
2-65 constitutional rule requiring bills to be read on three several
2-66 days in each house be suspended, and this rule is hereby suspended.
2-67 * * * * *