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.