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.