By Thompson                                           H.B. No. 2309

         75R10735 DRH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to fees charged by a justice of the peace.

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

 1-4           SECTION 1.  Section 118.121, Local Government Code, is

 1-5     amended to read as follows:

 1-6           Sec. 118.121.  FEE SCHEDULE.  A justice of the peace shall

 1-7     collect the following fees for services rendered to any person:

 1-8                 (1)  Services rendered before judgment (Sec. 118.122):

 1-9                       (A)  Justice court ....................... $15.00

1-10                       (B)  Small claims court .................. $10.00

1-11                 (2)  Services rendered after judgment (Sec. 118.123):

1-12                       (A)  Transcript .......................... $10.00

1-13                       (B)  Abstract of judgment ................. $5.00

1-14                       (C)  Execution, order of sale, writ of

1-15                            restitution,  or  other   writ   or

1-16                            process ..................... $5.00 per page

1-17                            Certified        copy        of        court

1-18                            papers ................ $2.00 for first page

1-19                                          $0.25 for each additional page

1-20                            Issuing  other  document  (no  return

1-21                            required) ............. $1.00 for first page

1-22                            $0.25 for each additional page [copy charge]

1-23           SECTION 2.  Section 118.123(e), Local Government Code, is

1-24     amended to read as follows:

 2-1           (e)  The fee for "Issuing other document (no return

 2-2     required)" under Section 118.121(2) is for issuing a certificate,

 2-3     [certified copy,] notice, statement, or any other document, except

 2-4     for a certified copy of court papers, that a justice of the peace

 2-5     is authorized or required to issue on which a return is not to be

 2-6     recorded.  [The fee for each page or part of a page may not exceed

 2-7     the cost for copies designated by the State Purchasing and General

 2-8     Services Commission under Section 552.261, Government Code.]  The

 2-9     fee must be paid at the time the order is placed.

2-10           SECTION 3.  Subchapter E, Chapter 118, Local Government Code,

2-11     is amended by adding Section 118.1235 to read as follows:

2-12           Sec. 118.1235.  FEE FOR CERTIFIED COPY.  The fee for

2-13     "Certified copy of court papers" under Section 118.121(2) is for

2-14     issuing a certified copy of a paper filed in a justice court or a

2-15     small claims court.  The fee must be paid at the time the order is

2-16     placed.

2-17           SECTION 4.  This Act takes effect September 1, 1997.

2-18           SECTION 5.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.