Texas 2011 - 82nd Regular

Texas House Bill HB627 Compare Versions

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1	1	By: Woolley (Senate Sponsor - Gallegos) H.B. No. 627
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	May 4, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 12, 2011, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; May 12, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to a fee collected by a district clerk for certain
11	11	certified copies.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 51.318(b), Government Code, is amended
14	14	to read as follows:
15	15	(b) The fees are:
16	16	(1) for issuing a subpoena, including one copy$8
17	17	(2) for issuing a citation, commission for deposition,
18	18	writ of execution, order of sale, writ of execution and order of
19	19	sale, writ of injunction, writ of garnishment, writ of attachment,
20	20	or writ of sequestration not provided for in Section 51.317, or any
21	21	other writ or process not otherwise provided for, including one
22	22	copy if required by law$8
23	23	(3) for searching files or records to locate a cause
24	24	when the docket number is not provided$5
25	25	(4) for searching files or records to ascertain the
26	26	existence of an instrument or record in the district clerk's
27	27	office$5
28	28	(5) for abstracting a judgment$8
29	29	(6) for approving a bond$4
30	30	(7) for a certified copy of a record, judgment, order,
31	31	pleading, or paper on file or of record in the district clerk's
32	32	office, including certificate and seal, for each page or part of a
33	33	page not to exceed $1
34	34	(8) for a noncertified copy, for each page or part of a
35	35	page not to exceed $1.
36	36	SECTION 2. Section 101.0611, Government Code, is amended to
37	37	read as follows:
38	38	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
39	39	CODE. The clerk of a district court shall collect fees and costs
40	40	under the Government Code as follows:
41	41	(1) appellate judicial system filing fees for:
42	42	(A) First or Fourteenth Court of Appeals District
43	43	(Sec. 22.2021, Government Code) . . . not more than $5;
44	44	(B) Second Court of Appeals District (Sec.
45	45	22.2031, Government Code) . . . not more than $5;
46	46	(C) Third Court of Appeals District (Sec.
47	47	22.2041, Government Code) . . . $5;
48	48	(D) Fourth Court of Appeals District (Sec.
49	49	22.2051, Government Code) . . . not more than $5;
50	50	(E) Fifth Court of Appeals District (Sec.
51	51	22.2061, Government Code) . . . not more than $5;
52	52	(F) Ninth Court of Appeals District (Sec.
53	53	22.2101, Government Code) . . . $5;
54	54	(G) Eleventh Court of Appeals District (Sec.
55	55	22.2121, Government Code) . . . $5; and
56	56	(H) Thirteenth Court of Appeals District (Sec.
57	57	22.2141, Government Code) . . . not more than $5;
58	58	(2) when administering a case for the Rockwall County
59	59	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
60	60	court costs as if the case had been filed in district court;
61	61	(3) additional filing fees:
62	62	(A) for each suit filed for insurance contingency
63	63	fund, if authorized by the county commissioners court (Sec. 51.302,
64	64	Government Code) . . . not to exceed $5;
65	65	(B) to fund the improvement of Dallas County
66	66	civil court facilities, if authorized by the county commissioners
67	67	court (Sec. 51.705, Government Code) . . . not more than $15; and
68	68	(C) to fund the improvement of Hays County court
69	69	facilities, if authorized by the county commissioners court (Sec.
70	70	51.707, Government Code) . . . not more than $15;
71	71	(4) for filing a suit, including an appeal from an
72	72	inferior court:
73	73	(A) for a suit with 10 or fewer plaintiffs (Sec.
74	74	51.317, Government Code) . . . $50;
75	75	(B) for a suit with at least 11 but not more than
76	76	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
77	77	(C) for a suit with at least 26 but not more than
78	78	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
79	79	(D) for a suit with at least 101 but not more than
80	80	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
81	81	(E) for a suit with at least 501 but not more than
82	82	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
83	83	(F) for a suit with more than 1,000 plaintiffs
84	84	(Sec. 51.317, Government Code) . . . $200;
85	85	(5) for filing a cross-action, counterclaim,
86	86	intervention, contempt action, motion for new trial, or third-party
87	87	petition (Sec. 51.317, Government Code) . . . $15;
88	88	(6) for issuing a citation or other writ or process not
89	89	otherwise provided for, including one copy, when requested at the
90	90	time a suit or action is filed (Sec. 51.317, Government Code) . . .
91	91	$8;
92	92	(7) for records management and preservation (Sec.
93	93	51.317, Government Code) . . . $10;
94	94	(8) for issuing a subpoena, including one copy (Sec.
95	95	51.318, Government Code) . . . $8;
96	96	(9) for issuing a citation, commission for deposition,
97	97	writ of execution, order of sale, writ of execution and order of
98	98	sale, writ of injunction, writ of garnishment, writ of attachment,
99	99	or writ of sequestration not provided for in Section 51.317, or any
100	100	other writ or process not otherwise provided for, including one
101	101	copy if required by law (Sec. 51.318, Government Code) . . . $8;
102	102	(10) for searching files or records to locate a cause
103	103	when the docket number is not provided (Sec. 51.318, Government
104	104	Code) . . . $5;
105	105	(11) for searching files or records to ascertain the
106	106	existence of an instrument or record in the district clerk's office
107	107	(Sec. 51.318, Government Code) . . . $5;
108	108	(12) for abstracting a judgment (Sec. 51.318,
109	109	Government Code) . . . $8;
110	110	(13) for approving a bond (Sec. 51.318, Government
111	111	Code) . . . $4;
112	112	(14) for a certified copy of a record, judgment,
113	113	order, pleading, or paper on file or of record in the district
114	114	clerk's office, including certificate and seal, for each page or
115	115	part of a page (Sec. 51.318, Government Code) . . . not to exceed
116	116	$1;
117	117	(15) for a noncertified copy, for each page or part of
118	118	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
119	119	(16) fee for performing a service:
120	120	(A) related to the matter of the estate of a
121	121	deceased person (Sec. 51.319, Government Code) . . . the same fee
122	122	allowed the county clerk for those services;
123	123	(B) related to the matter of a minor (Sec.
124	124	51.319, Government Code) . . . the same fee allowed the county
125	125	clerk for the service;
126	126	(C) of serving process by certified or registered
127	127	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
128	128	constable is authorized to charge for the service under Section
129	129	118.131, Local Government Code; and
130	130	(D) prescribed or authorized by law but for which
131	131	no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
132	132	(17) jury fee (Sec. 51.604, Government Code) . . .
133	133	$30;
134	134	(18) additional filing fee for family protection on
135	135	filing a suit for dissolution of a marriage under Chapter 6, Family
136	136	Code (Sec. 51.961, Government Code) . . . not to exceed $15;
137	137	(19) at a hearing held by an associate judge in Dallas
138	138	County, a court cost to preserve the record, in the absence of a
139	139	court reporter, by other means (Sec. 54.509, Government Code) . . .
140	140	as assessed by the referring court or associate judge; and
141	141	(20) at a hearing held by an associate judge in Duval
142	142	County, a court cost to preserve the record (Sec. 54.1151,
143	143	Government Code) . . . as imposed by the referring court or
144	144	associate judge.
145	145	SECTION 3. Section 51.318(b), Government Code, as amended
146	146	by this Act, applies only to a request for a certified copy of a
147	147	record, judgment, order, pleading, or paper on file or of record in
148	148	the district clerk's office, including certificate and seal, made
149	149	on or after the effective date of this Act. A request made before
150	150	the effective date of this Act is covered by the law in effect when
151	151	the request was made, and the former law is continued in effect for
152	152	that purpose.
153	153	SECTION 4. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect September 1, 2011.
158	158	* * * * *