Texas 2011 - 82nd Regular

Texas Senate Bill SB680 Compare Versions

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1	1	By: Gallegos S.B. No. 680
2	2	(Woolley)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a fee collected by a district clerk for certain
8	8	certified copies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 51.318, Government Code,
11	11	is amended to read as follows:
12	12	(b) The fees are:
13	13	(1) for issuing a subpoena, including one copy$8
14	14	(2) for issuing a citation, commission for deposition,
15	15	writ of execution, order of sale, writ of execution and order of
16	16	sale, writ of injunction, writ of garnishment, writ of attachment,
17	17	or writ of sequestration not provided for in Section 51.317, or any
18	18	other writ or process not otherwise provided for, including one
19	19	copy if required by law$8
20	20	(3) for searching files or records to locate a cause
21	21	when the docket number is not provided$5
22	22	(4) for searching files or records to ascertain the
23	23	existence of an instrument or record in the district clerk's
24	24	office$5
25	25	(5) for abstracting a judgment$8
26	26	(6) for approving a bond$4
27	27	(7) for a certified copy of a record, judgment, order,
28	28	pleading, or paper on file or of record in the district clerk's
29	29	office, including certificate and seal, for each page or part of a
30	30	page not to exceed $1
31	31	(8) for a noncertified copy, for each page or part of a
32	32	page not to exceed $1.
33	33	SECTION 2. (a) Section 101.0611, Government Code, is
34	34	amended to read as follows:
35	35	Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
36	36	CODE. The clerk of a district court shall collect fees and costs
37	37	under the Government Code as follows:
38	38	(1) appellate judicial system filing fees for:
39	39	(A) First or Fourteenth Court of Appeals District
40	40	(Sec. 22.2021, Government Code) . . . not more than $5;
41	41	(B) Second Court of Appeals District
42	42	(Sec. 22.2031, Government Code) . . . not more than $5;
43	43	(C) Third Court of Appeals District
44	44	(Sec. 22.2041, Government Code) . . . $5;
45	45	(D) Fourth Court of Appeals District
46	46	(Sec. 22.2051, Government Code) . . . not more than $5;
47	47	(E) Fifth Court of Appeals District
48	48	(Sec. 22.2061, Government Code) . . . not more than $5;
49	49	(E-1) Sixth Court of Appeals District (Sec.
50	50	22.2071, Government Code) . . . $5;
51	51	(E-2) Seventh Court of Appeals District (Sec.
52	52	22.2081, Government Code) . . . $5;
53	53	(F) Ninth Court of Appeals District
54	54	(Sec. 22.2101, Government Code) . . . $5;
55	55	(G) Eleventh Court of Appeals District
56	56	(Sec. 22.2121, Government Code) . . . $5;
57	57	(G-1) Twelfth Court of Appeals District (Sec.
58	58	22.2131, Government Code) . . . $5; and
59	59	(H) Thirteenth Court of Appeals District
60	60	(Sec. 22.2141, Government Code) . . . not more than $5;
61	61	(2) when administering a case for the Rockwall County
62	62	Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
63	63	court costs as if the case had been filed in district court;
64	64	(3) additional filing fees:
65	65	(A) for each suit filed for insurance contingency
66	66	fund, if authorized by the county commissioners court (Sec. 51.302,
67	67	Government Code) . . . not to exceed $5;
68	68	(B) to fund the improvement of Dallas County
69	69	civil court facilities, if authorized by the county commissioners
70	70	court (Sec. 51.705, Government Code) . . . not more than $15;
71	71	(B-1) to fund the improvement of Bexar County
72	72	court facilities, if authorized by the county commissioners court
73	73	(Sec. 51.706, Government Code) . . . not more than $15; [and]
74	74	(C) to fund the improvement of Hays County court
75	75	facilities, if authorized by the county commissioners court
76	76	(Sec. 51.707, Government Code) . . . not more than $15; and
77	77	(D) to fund the preservation of court records
78	78	(Sec. 51.708, Government Code) . . . not more than $10;
79	79	(4) for filing a suit, including an appeal from an
80	80	inferior court:
81	81	(A) for a suit with 10 or fewer plaintiffs
82	82	(Sec. 51.317, Government Code) . . . $50;
83	83	(B) for a suit with at least 11 but not more than
84	84	25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
85	85	(C) for a suit with at least 26 but not more than
86	86	100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
87	87	(D) for a suit with at least 101 but not more than
88	88	500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
89	89	(E) for a suit with at least 501 but not more than
90	90	1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
91	91	(F) for a suit with more than 1,000 plaintiffs
92	92	(Sec. 51.317, Government Code) . . . $200;
93	93	(5) for filing a cross-action, counterclaim,
94	94	intervention, contempt action, motion for new trial, or third-party
95	95	petition (Sec. 51.317, Government Code) . . . $15;
96	96	(6) for issuing a citation or other writ or process not
97	97	otherwise provided for, including one copy, when requested at the
98	98	time a suit or action is filed (Sec. 51.317, Government Code) . . .
99	99	$8;
100	100	(7) for records management and preservation
101	101	(Sec. 51.317, Government Code) . . . $10;
102	102	(7-a) for district court records archiving, if adopted
103	103	by the county commissioners court (Sec. 51.317(b)(5), Government
104	104	Code) . . . not more than $5;
105	105	(8) for issuing a subpoena, including one copy
106	106	(Sec. 51.318, Government Code) . . . $8;
107	107	(9) for issuing a citation, commission for deposition,
108	108	writ of execution, order of sale, writ of execution and order of
109	109	sale, writ of injunction, writ of garnishment, writ of attachment,
110	110	or writ of sequestration not provided for in Section 51.317, or any
111	111	other writ or process not otherwise provided for, including one
112	112	copy if required by law (Sec. 51.318, Government Code) . . . $8;
113	113	(10) for searching files or records to locate a cause
114	114	when the docket number is not provided (Sec. 51.318, Government
115	115	Code) . . . $5;
116	116	(11) for searching files or records to ascertain the
117	117	existence of an instrument or record in the district clerk's office
118	118	(Sec. 51.318, Government Code) . . . $5;
119	119	(12) for abstracting a judgment (Sec. 51.318,
120	120	Government Code) . . . $8;
121	121	(13) for approving a bond (Sec. 51.318, Government
122	122	Code) . . . $4;
123	123	(14) for a certified copy of a record, judgment,
124	124	order, pleading, or paper on file or of record in the district
125	125	clerk's office, including certificate and seal, for each page or
126	126	part of a page (Sec. 51.318, Government Code) . . . not to exceed
127	127	$1;
128	128	(15) for a noncertified copy, for each page or part of
129	129	a page (Sec. 51.318, Government Code) . . . not to exceed $1;
130	130	(16) fee for performing a service:
131	131	(A) related to the matter of the estate of a
132	132	deceased person (Sec. 51.319, Government Code) . . . the same fee
133	133	allowed the county clerk for those services;
134	134	(B) related to the matter of a minor
135	135	(Sec. 51.319, Government Code) . . . the same fee allowed the
136	136	county clerk for the service;
137	137	(C) of serving process by certified or registered
138	138	mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
139	139	constable is authorized to charge for the service under Section
140	140	118.131, Local Government Code; and
141	141	(D) prescribed or authorized by law but for which
142	142	no fee is set (Sec. 51.319, Government Code) . . . a reasonable
143	143	fee;
144	144	(17) jury fee (Sec. 51.604, Government Code) . . .
145	145	$30;
146	146	(18) additional filing fee for family protection on
147	147	filing a suit for dissolution of a marriage under Chapter 6, Family
148	148	Code (Sec. 51.961, Government Code) . . . not to exceed $15;
149	149	(19) at a hearing held by an associate judge in Dallas
150	150	County, a court cost to preserve the record, in the absence of a
151	151	court reporter, by other means (Sec. 54.509, Government Code) . . .
152	152	as assessed by the referring court or associate judge; and
153	153	(20) at a hearing held by an associate judge in Duval
154	154	County, a court cost to preserve the record (Sec. 54.1151,
155	155	Government Code) . . . as imposed by the referring court or
156	156	associate judge.
157	157	(b) Sections 101.06111, 101.06113, 101.06114, 101.06115,
158	158	101.06116, and 101.06117, Government Code, are repealed.
159	159	SECTION 3. Subsection (b), Section 51.318, Government Code,
160	160	as amended by this Act, applies only to a request for a certified
161	161	copy of a record, judgment, order, pleading, or paper on file or of
162	162	record in the district clerk's office, including certificate and
163	163	seal, made on or after the effective date of this Act. A request
164	164	made before the effective date of this Act is covered by the law in
165	165	effect when the request was made, and the former law is continued in
166	166	effect for that purpose.
167	167	SECTION 4. This Act takes effect immediately if it receives
168	168	a vote of two-thirds of all the members elected to each house, as
169	169	provided by Section 39, Article III, Texas Constitution. If this
170	170	Act does not receive the vote necessary for immediate effect, this
171	171	Act takes effect September 1, 2011.