1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 2309
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 16, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to fees charged by a justice of the peace.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 118.121, Local Government Code, is
1-11 amended to read as follows:
1-12 Sec. 118.121. FEE SCHEDULE. A justice of the peace shall
1-13 collect the following fees for services rendered to any person:
1-14 (1) Services rendered before judgment (Sec. 118.122):
1-15 (A) Justice court ....................... $15.00
1-16 (B) Small claims court .................. $10.00
1-17 (2) Services rendered after judgment (Sec. 118.123):
1-18 (A) Transcript .......................... $10.00
1-19 (B) Abstract of judgment ................. $5.00
1-20 (C) Execution, order of sale, writ of
1-21 restitution, or other writ or
1-22 process ..................... $5.00 per page
1-23 Certified copy of court
1-24 papers ................ $2.00 for first page
1-25 $0.25 for each additional page
1-26 Issuing other document (no return
1-27 required) ............. $1.00 for first page
1-28 $0.25 for each additional page [copy charge]
1-29 SECTION 2. Section 118.123(e), Local Government Code, is
1-30 amended to read as follows:
1-31 (e) The fee for "Issuing other document (no return
1-32 required)" under Section 118.121(2) is for issuing a certificate,
1-33 [certified copy,] notice, statement, or any other document, except
1-34 for a certified copy of court papers, that a justice of the peace
1-35 is authorized or required to issue on which a return is not to be
1-36 recorded. [The fee for each page or part of a page may not exceed
1-37 the cost for copies designated by the State Purchasing and General
1-38 Services Commission under Section 552.261, Government Code.] The
1-39 fee must be paid at the time the order is placed.
1-40 SECTION 3. Subchapter E, Chapter 118, Local Government Code,
1-41 is amended by adding Section 118.1235 to read as follows:
1-42 Sec. 118.1235. FEE FOR CERTIFIED COPY. The fee for
1-43 "Certified copy of court papers" under Section 118.121(2) is for
1-44 issuing a certified copy of a paper filed in a justice court or a
1-45 small claims court. The fee must be paid at the time the order is
1-46 placed.
1-47 SECTION 4. This Act takes effect September 1, 1997.
1-48 SECTION 5. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended.
1-53 * * * * *