By Thompson                                           H.B. No. 2922

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the county clerk's and district clerk's authority to

 1-3     refuse to file documents that are not accompanied by the

 1-4     appropriate fee.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 51.303(a), Government Code, is amended to

 1-7     read as follows:

 1-8           (a)  The clerk of a district court has custody of and shall

 1-9     carefully maintain and arrange the records relating to or lawfully

1-10     deposited in the clerk's office.  A district clerk shall promptly

1-11     file all papers or documents tendered for filing with the records

1-12     relating to or lawfully deposited with the clerk's office when

1-13     accompanied with the appropriate fee or bond authorized under this

1-14     subchapter.  The district clerk is not authorized or required to

1-15     file or record any paper or document until the payment or tender of

1-16     payment of the applicable fees or bond prescribed by this

1-17     subchapter has been paid unless the party who tenders the paper or

1-18     document is exempt from payment by law or is unable to pay and

1-19     provides the appropriate affidavit required under the supreme

1-20     court's rules of civil procedure.

1-21           SECTION 2.  Section 51.320, Government Code, is amended to

1-22     read as follows:

1-23           Sec. 51.320.  Bill for Services.  The [A fee under this

1-24     subchapter is not payable until the] district clerk shall promptly

 2-1     produce [produces, or is ready to produce,] a bill for services

 2-2     that contains the particulars of the fee charged upon request of

 2-3     any party who becomes responsible for a fee under this subchapter

 2-4     [before payment of the fee is required].  The bill must be signed

 2-5     by the clerk or the clerk's successor in office or legal

 2-6     representative who charges the fee or to whom the fee is due.

 2-7           SECTION 3.  Section 118.002, Local Government Code, is

 2-8     amended to read as follows:

 2-9           Sec. 118.002.  BILL FOR FEES.  (a)  The county clerk is not

2-10     authorized or required to file or record any paper or document

2-11     among the records of a county court proceeding until the payment or

2-12     tender of payment of the applicable fees or bond prescribed by this

2-13     chapter has been paid unless the party who tenders the paper or

2-14     document is exempt from payment by a law or is unable to pay and

2-15     provides the appropriate affidavit required under the supreme

2-16     court's rules of civil procedure.

2-17           (b)  Upon request of any person who becomes responsible for a

2-18     fee under this chapter, the county clerk shall promptly produce [A

2-19     fee under this chapter is not payable to a person until a clerk or

2-20     officer produces or is ready to produce] a bill in writing

2-21     containing the details of the fee to the person who owes the fee.

2-22     The bill must be signed by the clerk or officer to whom the fee is

2-23     due or who charges the fee or by the successor in office or legal

2-24     representative of the clerk or officer.

2-25           SECTION 4.  This Act takes effect September 1, 1997.

2-26           SECTION 5.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.