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           Sec. 51.303.  Duties and Powers.  (a)  The clerk of a

 1-9     district court has custody of and shall carefully maintain and

1-10     arrange the records relating to or lawfully deposited in the

1-11     clerk's office.  A district clerk shall promptly file all papers or

1-12     documents tendered for filing with the records relating to or

1-13     lawfully deposited with the clerk's office when accompanied with

1-14     the appropriate fee or bond authorized under this subchapter.  The

1-15     district clerk is not authorized or required to file or record any

1-16     paper or document until the payment or tender of payment of the

1-17     applicable fees or bond prescribed by this subchapter has been paid

1-18     unless the party who tenders the paper or document is exempt from

1-19     payment by law or is unable to pay and provides the appropriate

1-20     affidavit required under the Supreme Court's rules of civil

1-21     procedure.

1-22           SECTION 2.  Section 51.320, Government Code, is amended to

1-23     read as follows:

1-24           Sec. 51.320.  Bill for Services.  The [A fee under this

 2-1     subchapter is not payable until the] district clerk shall promptly

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

 2-3     that contains the particulars of the fee charged upon request of

 2-4     any party who becomes responsible for a fee under this subchapter

 2-5     [before payment of the fee is required].  The bill must be signed

 2-6     by the clerk or the clerk's successor in office or legal

 2-7     representative who charges the fee or to whom the fee is due.

 2-8           SECTION 3.  Section 118.002, Local Government Code, is

 2-9     amended to read as follows:

2-10           Sec. 118.002.  BILL FOR FEES.  (a)  The county clerk is not

2-11     authorized or required to file or record any paper or document

2-12     among the records of a county court proceeding until the payment or

2-13     tender of payment of the applicable fees or bond prescribed by this

2-14     chapter have been paid unless the party who tenders the paper or

2-15     document is exempt from payment by a law or is unable to pay and

2-16     provides the appropriate affidavit required under the Supreme

2-17     Court's rules of civil procedure.

2-18           (b)  Upon request of any person who becomes responsible for a

2-19     fee under this chapter, the county clerk shall promptly produce [A

2-20     fee under this chapter is not payable to a person until a clerk or

2-21     officer produces or is ready to produce] a bill in writing

2-22     containing the details of the fee to the person who owes the fee.

2-23     The bill must be signed by the clerk or officer to whom the fee is

2-24     due or who charges the fee or by the successor in office or legal

2-25     representative of the clerk or officer.

2-26           SECTION 4.  This Act takes effect September 1, 1997.

2-27           SECTION 5.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

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

 3-4     days in each house be suspended, and this rule is hereby suspended.