| 1 | 1 | | 85R4852 DMS-D |
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| 2 | 2 | | By: RodrÃguez S.B. No. 691 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the fees collected by justices of the peace on the |
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| 8 | 8 | | filing of certain civil actions to fund a law library. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 101.151(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) A justice of the peace shall collect the following fees |
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| 13 | 13 | | under the Local Government Code: |
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| 14 | 14 | | (1) services rendered before judgment (Secs. 118.121 |
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| 15 | 15 | | and 118.122, Local Government Code): |
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| 16 | 16 | | (A) justice court (Sec. 118.121, Local |
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| 17 | 17 | | Government Code) . . . $25; and |
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| 18 | 18 | | (B) small claims court (Sec. 118.121, Local |
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| 19 | 19 | | Government Code) . . . $25; [and] |
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| 20 | 20 | | (2) services rendered after judgment (Secs. 118.121 |
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| 21 | 21 | | and 118.123, Local Government Code): |
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| 22 | 22 | | (A) transcript (Sec. 118.121, Local Government |
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| 23 | 23 | | Code) . . . $10; |
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| 24 | 24 | | (B) abstract of judgment (Sec. 118.121, Local |
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| 25 | 25 | | Government Code) . . . $5; |
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| 26 | 26 | | (C) execution, order of sale, writ of |
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| 27 | 27 | | restitution, or other writ or process (Sec. 118.121, Local |
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| 28 | 28 | | Government Code) . . . $5 per page; |
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| 29 | 29 | | (D) certified copy of court papers (Secs. 118.121 |
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| 30 | 30 | | and 118.1235, Local Government Code) . . . $2 for first page; $0.25 |
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| 31 | 31 | | for each additional page; and |
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| 32 | 32 | | (E) issuing other document (no return required) |
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| 33 | 33 | | (Sec. 118.121, Local Government Code) . . . $1 for first page; |
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| 34 | 34 | | $0.25 for each additional page; and |
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| 35 | 35 | | (3) court cost in civil cases in which the amount in |
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| 36 | 36 | | controversy exceeds $4,999 but does not exceed $10,000, other than |
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| 37 | 37 | | suits for delinquent taxes, to fund the county law library fund, if |
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| 38 | 38 | | authorized by the county commissioners court (Sec. 323.023, Local |
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| 39 | 39 | | Government Code) . . . not to exceed $35. |
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| 40 | 40 | | SECTION 2. Section 323.023(a), Local Government Code, is |
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| 41 | 41 | | amended to read as follows: |
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| 42 | 42 | | (a) A sum set by the commissioners court not to exceed $35 |
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| 43 | 43 | | shall be taxed, collected, and paid as other costs in each civil |
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| 44 | 44 | | case filed in a county or district court and in each civil case |
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| 45 | 45 | | filed in a justice court in which the amount in controversy exceeds |
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| 46 | 46 | | $4,999 but does not exceed $10,000 [, except suits for delinquent |
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| 47 | 47 | | taxes. The county is not liable for the costs]. |
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| 48 | 48 | | SECTION 3. The change in law made by this Act applies only |
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| 49 | 49 | | to a civil action filed in a justice court on or after the effective |
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| 50 | 50 | | date of this Act. A civil action filed before that date is governed |
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| 51 | 51 | | by the law in effect on the date the action was filed, and the former |
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| 52 | 52 | | law is continued in effect for that purpose. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2017. |
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