Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Thompson H.B. No. 2309
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees charged by the Justices 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 process ...............$5.00 per page
1-16 [Issuing other document (no return
1-17 required) .............................................copy charge]
1-18 SECTION 2. Section 118.123, Local Government Code, is
1-19 amended to read as follows:
1-20 Sec. 118.123. Fees After Entry of Judgment. (a) The fee
1-21 for "Services rendered after judgment" under Section 118.121(2)
1-22 applies to a civil matter in a justice court or small claims court.
1-23 (b) The fee for a "Transcript" under Section 118.121(2) is
1-24 for making and certifying a transcript of the entries on a docket
2-1 and, in the case of an appeal or certiorari, for filing the
2-2 transcript with the original papers of the case in the proper
2-3 court.
2-4 (c) The fee for an "Abstract of judgment" under Section
2-5 118.121(2) is for issuing an abstract of judgment.
2-6 (d) The fee for an "Execution, order of sale, writ of
2-7 restitution, or other writ or process" under Section 118.121(2) is
2-8 for issuing and recording the return on any of those documents.
2-9 The fee applies only to a writ or process for the issuance of which
2-10 another fee is not provided by this subchapter.
2-11 (e) The fee for "Issuing other document (no return
2-12 required)" under Section 118.121(2) is for issuing a certificate,
2-13 certified copy, notice, statement, or any other document a justice
2-14 of the peace is authorized or required to issue on which a return
2-15 is not to be recorded. The fee for the first page [each page] or
2-16 part of a page [may not exceed the cost for copies designated by
2-17 the State Purchasing and General Services Commission under Section
2-18 552.261, Government Code.] is $1.00. The fee for each additional
2-19 page or part of page is $0.25. The fee must be paid at the time
2-20 the order is placed.
2-21 SECTION 3. Chapter 118, Subchapter E, Local Government Code,
2-22 is amended to read as follows:
2-23 Sec. 118.124. OTHER FEES. The fee for certified copies of
2-24 papers in a case filed in a Justice Court or Small Claims Court is
2-25 $2.00 for the first page or part of a page and $0.25 for each
2-26 additional page or part of a page. The fee must be paid at the
2-27 time the order is placed.
2-28 Sec. 118.125. PROHIBITED FEES. A justice of the peace is
2-29 not entitled to a fee for:
2-30 (1) the examination of a paper or record in the
3-1 justice's office;
3-2 (2) filing any process or document the justice
3-3 issues that is returned to court;
3-4 (3) a motion or judgment on a motion for
3-5 security for costs; or
3-6 (4) taking or approving a bond for costs.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.