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                                  * * * * *