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.

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