Texas House Bill HB588

Texas 2009 - 81st Regular

• Out of House Committee: 5/1/09

Caption

Relating to fees charged by a justice of the peace for certain documents in a criminal case.

Impact

If enacted, HB 588 will significantly affect the financial interactions between justices of the peace and legal actors in criminal cases. By prohibiting fees for specific document-related processes, the bill aims to lessen the financial burden on defendants and their attorneys. This legislative change is positioned as a measure to promote fairness and accessibility within the judicial system, ensuring that all parties, regardless of economic status, have the necessary documentation without excessive charges.

Summary

House Bill 588 addresses the fees that justices of the peace can charge for certain documents in criminal cases. Specifically, the bill amends Section 118.124 of the Local Government Code, stating that justices of the peace are prohibited from charging a fee for several activities, including the examination of records in their office and for filing processes returned to court. Moreover, the bill specifies that justices cannot charge for the first copy of a document issued to parties involved in a criminal case, including the defendant, their attorney, and the prosecuting attorney.

Contention

While the bill's proponents argue that it will enhance fairness in the legal process, there may be concerns regarding its potential financial implications for the offices of justices of the peace. Opposition viewpoints may raise questions about whether this bill could create funding challenges for local judicial operations, which are often supported by the fees collected by justices. Implementing this bill could lead to an ongoing debate about balancing accessibility in the court system with the financial viability of local judicial offices.