| 1 | 1 | | H.B. No. 4529 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to court reporter service fees in certain counties. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 51.601, Government Code, is amended by |
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| 8 | 8 | | adding Subsection (a-1) to read as follows: |
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| 9 | 9 | | (a-1) Notwithstanding Subsection (a), the clerk of each |
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| 10 | 10 | | court that has an official court reporter and that serves a county |
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| 11 | 11 | | located on the Texas-Mexico border that contains a municipality |
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| 12 | 12 | | with a population of 500,000 or more shall collect a court reporter |
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| 13 | 13 | | service fee of $30 as a court cost in each civil case filed with the |
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| 14 | 14 | | clerk to maintain a court reporter who is available for assignment |
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| 15 | 15 | | in the court. |
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| 16 | 16 | | SECTION 2. Section 103.0211, Government Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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| 19 | 19 | | CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
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| 20 | 20 | | to a civil suit, as applicable, shall pay the following fees and |
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| 21 | 21 | | costs under the Government Code if ordered by the court or otherwise |
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| 22 | 22 | | required: |
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| 23 | 23 | | (1) a court reporter fee when testimony is taken: |
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| 24 | 24 | | (A) in a criminal court in Dallas County (Sec. |
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| 25 | 25 | | 25.0593, Government Code) . . . $3; |
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| 26 | 26 | | (B) in a county criminal court of appeals in |
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| 27 | 27 | | Dallas County (Sec. 25.0594, Government Code) . . . $3; |
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| 28 | 28 | | (C) in a county court at law in McLennan County |
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| 29 | 29 | | (Sec. 25.1572, Government Code) . . . $3; and |
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| 30 | 30 | | (D) in a county criminal court in Tarrant County |
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| 31 | 31 | | (Sec. 25.2223, Government Code) . . . $3; |
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| 32 | 32 | | (2) a court reporter service fee if the courts have |
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| 33 | 33 | | official court reporters (Sec. 51.601, Government Code) . . . $15 |
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| 34 | 34 | | or, in specified counties, $30; |
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| 35 | 35 | | (3) a speedy trial filing fee in El Paso County (Sec. |
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| 36 | 36 | | 54.745, Government Code) . . . $100; |
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| 37 | 37 | | (4) costs for use of magistrate in Brazos County (Sec. |
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| 38 | 38 | | 54.1116, Government Code) . . . not to exceed $50; |
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| 39 | 39 | | (5) the costs of a criminal magistrate if the court |
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| 40 | 40 | | determines that the nonprevailing party is able to defray the |
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| 41 | 41 | | costs: |
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| 42 | 42 | | (A) in Bexar County (Sec. 54.913, Government |
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| 43 | 43 | | Code) . . . magistrate's fees; |
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| 44 | 44 | | (B) in Dallas County (Sec. 54.313, Government |
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| 45 | 45 | | Code) . . . magistrate's fees; |
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| 46 | 46 | | (C) in Lubbock County (Sec. 54.883, Government |
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| 47 | 47 | | Code) . . . magistrate's fees; |
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| 48 | 48 | | (D) in Tarrant County (Sec. 54.663, Government |
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| 49 | 49 | | Code) . . . magistrate's fees; |
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| 50 | 50 | | (E) in Travis County (Sec. 54.983, Government |
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| 51 | 51 | | Code) . . . magistrate's fees; and |
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| 52 | 52 | | (F) in Williamson County (Sec. 54.958, |
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| 53 | 53 | | Government Code) . . . expense of the magistrate; |
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| 54 | 54 | | (6) an administrative fee for participation in certain |
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| 55 | 55 | | community supervision programs (Sec. 76.015, Government Code) . . . |
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| 56 | 56 | | not less than $25 and not more than $40 per month; and |
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| 57 | 57 | | (7) fee paid on filing a petition for an order of |
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| 58 | 58 | | nondisclosure of criminal history record information in certain |
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| 59 | 59 | | cases (Sec. 411.081, Government Code) . . . $28. |
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| 60 | 60 | | SECTION 3. The change in law made by this Act applies only |
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| 61 | 61 | | to a case filed with the clerk of a court that has an official court |
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| 62 | 62 | | reporter on or after the effective date of this Act. A case filed |
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| 63 | 63 | | with the clerk of the court before the effective date of this Act is |
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| 64 | 64 | | governed by the law as it existed immediately before the effective |
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| 65 | 65 | | date of this Act, and the former law is continued in effect for that |
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| 66 | 66 | | purpose. |
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| 67 | 67 | | SECTION 4. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2009. |
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| 72 | 72 | | ______________________________ ______________________________ |
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| 73 | 73 | | President of the Senate Speaker of the House |
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| 74 | 74 | | I certify that H.B. No. 4529 was passed by the House on April |
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| 75 | 75 | | 28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 76 | 76 | | voting. |
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| 77 | 77 | | ______________________________ |
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| 78 | 78 | | Chief Clerk of the House |
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| 79 | 79 | | I certify that H.B. No. 4529 was passed by the Senate on May |
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| 80 | 80 | | 23, 2009, by the following vote: Yeas 31, Nays 0. |
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| 81 | 81 | | ______________________________ |
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| 82 | 82 | | Secretary of the Senate |
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| 83 | 83 | | APPROVED: _____________________ |
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| 84 | 84 | | Date |
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| 85 | 85 | | _____________________ |
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| 86 | 86 | | Governor |
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