| 1 | 1 | | By: Uresti S.B. No. 1267 |
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| 2 | 2 | | (In the Senate - Filed March 8, 2011; March 16, 2011, read |
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| 3 | 3 | | first time and referred to Committee on Jurisprudence; |
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| 4 | 4 | | March 30, 2011, reported favorably by the following vote: Yeas 7, |
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| 5 | 5 | | Nays 0; March 30, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to applications for appeal filed with an appellate court. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subsection (b), Section 51.005, Government Code, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | (b) The fees are: |
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| 15 | 15 | | (1) application for petition for review [writ of |
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| 16 | 16 | | error]$ 50 |
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| 17 | 17 | | (2) additional fee if application for petition for |
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| 18 | 18 | | review [writ of error] is granted$ 75 |
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| 19 | 19 | | (3) motion for leave to file petition for writ of |
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| 20 | 20 | | mandamus, prohibition, injunction, and other similar proceedings |
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| 21 | 21 | | originating in the supreme court$ 50 |
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| 22 | 22 | | (4) additional fee if a motion under Subdivision (3) |
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| 23 | 23 | | is granted$ 75 |
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| 24 | 24 | | (5) certified question from a federal court of appeals |
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| 25 | 25 | | to the supreme court$ 75 |
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| 26 | 26 | | (6) case appealed to the supreme court from the |
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| 27 | 27 | | district court by direct appeal$100 |
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| 28 | 28 | | (7) any other proceeding filed in the supreme |
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| 29 | 29 | | court$ 75. |
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| 30 | 30 | | SECTION 2. Subsection (a), Section 51.207, Government Code, |
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| 31 | 31 | | is amended to read as follows: |
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| 32 | 32 | | (a) The clerk of a court of appeals shall collect the fees |
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| 33 | 33 | | described in Subsection (b) in a civil case before the court for the |
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| 34 | 34 | | following services: |
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| 35 | 35 | | (1) filing records, applications, motions, briefs, |
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| 36 | 36 | | and other necessary and proper papers; |
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| 37 | 37 | | (2) docketing and making docket and minute book |
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| 38 | 38 | | entries; |
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| 39 | 39 | | (3) issuing notices, citations, processes, and |
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| 40 | 40 | | mandates; |
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| 41 | 41 | | (4) preparing transcripts on application for petition |
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| 42 | 42 | | for review [writ of error] to the supreme court; and |
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| 43 | 43 | | (5) performing other necessary clerical duties. |
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| 44 | 44 | | SECTION 3. Section 101.021, Government Code, is amended to |
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| 45 | 45 | | read as follows: |
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| 46 | 46 | | Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT |
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| 47 | 47 | | CODE. The clerk of the supreme court shall collect fees and costs |
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| 48 | 48 | | as follows: |
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| 49 | 49 | | (1) application for petition for review [writ of |
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| 50 | 50 | | error] (Sec. 51.005, Government Code) . . . $50; |
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| 51 | 51 | | (2) additional fee if application for petition for |
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| 52 | 52 | | review [writ of error] is granted (Sec. 51.005, Government Code) |
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| 53 | 53 | | . . . $75; |
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| 54 | 54 | | (3) motion for leave to file petition for writ of |
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| 55 | 55 | | mandamus, prohibition, injunction, and other similar proceedings |
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| 56 | 56 | | originating in the supreme court (Sec. 51.005, Government Code) |
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| 57 | 57 | | . . . $50; |
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| 58 | 58 | | (4) additional fee if a motion under Subdivision (3) |
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| 59 | 59 | | is granted (Sec. 51.005, Government Code) . . . $75; |
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| 60 | 60 | | (5) certified question from a federal court of appeals |
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| 61 | 61 | | to the supreme court (Sec. 51.005, Government Code) . . . $75; |
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| 62 | 62 | | (6) case appealed to the supreme court from the |
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| 63 | 63 | | district court by direct appeal (Sec. 51.005, Government Code) |
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| 64 | 64 | | . . . $100; |
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| 65 | 65 | | (7) any other proceeding filed in the supreme court |
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| 66 | 66 | | (Sec. 51.005, Government Code) . . . $75; |
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| 67 | 67 | | (8) administering an oath and giving a sealed |
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| 68 | 68 | | certificate of the oath (Sec. 51.005, Government Code) . . . $5; |
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| 69 | 69 | | (9) making certain copies, including certificate and |
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| 70 | 70 | | seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if |
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| 71 | 71 | | more than 10 pages; |
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| 72 | 72 | | (10) any official service performed by the clerk for |
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| 73 | 73 | | which a fee is not otherwise provided (Sec. 51.005, Government |
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| 74 | 74 | | Code) . . . reasonable amount set by order or rule of supreme court; |
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| 75 | 75 | | (10-a) supreme court support account filing fee (Sec. |
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| 76 | 76 | | 51.0051, Government Code) . . . amount set by the supreme court, |
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| 77 | 77 | | not to exceed $50; |
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| 78 | 78 | | (11) issuance of attorney's license or certificate |
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| 79 | 79 | | (Sec. 51.006, Government Code) . . . $10; and |
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| 80 | 80 | | (12) additional filing fee to fund civil legal |
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| 81 | 81 | | services for the indigent (Sec. 51.941, Government Code) . . . $25. |
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| 82 | 82 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 83 | 83 | | * * * * * |
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