Texas 2019 - 86th Regular

Texas House Bill HB1380 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R8933 TSS-D
1	2		By: Murr H.B. No. 1380
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to the jurisdiction of certain courts and fees collected
7	8		by a justice court; increasing a fee.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 26.042, Government Code, is amended by
10		-	amending Subsection (a) and adding Subsection (a-1) to read as
11		-	follows:
12		-	(a) A county court in a county with a population of less than
13		-	250,000 has concurrent jurisdiction with the justice courts in
14		-	civil cases in which the matter in controversy exceeds $200 in value
15		-	but does not exceed $20,000 [$10,000], exclusive of interest.
16		-	(a-1) A county court in a county with a population of
17		-	250,000 or more has concurrent jurisdiction with the justice courts
18		-	in civil cases in which the matter in controversy exceeds $200 in
19		-	value but does not exceed $10,000, exclusive of interest.
20		-	SECTION 2. Section 27.031, Government Code, is amended by
21		-	amending Subsection (a) and adding Subsection (a-1) to read as
22		-	follows:
	10	+	SECTION 1. Section 26.042(a), Government Code, is amended
	11	+	to read as follows:
	12	+	(a) A county court has concurrent jurisdiction with the
	13	+	justice courts in civil cases in which the matter in controversy
	14	+	exceeds $200 in value but does not exceed $20,000 [$10,000],
	15	+	exclusive of interest.
	16	+	SECTION 2. Section 27.031(a), Government Code, is amended
	17	+	to read as follows:
23	18		(a) In addition to the jurisdiction and powers provided by
24		-	the constitution and other law, the justice court ~~in a county with a~~
25		-	~~population of less than 250,000 has original~~ jurisdiction of:
	19	+	the constitution and other law, the justice court has original
	20	+	jurisdiction of:
26	21		(1) civil matters in which exclusive jurisdiction is
27	22		not in the district or county court and in which the amount in
28	23		controversy is not more than $20,000 [$10,000], exclusive of
29	24		interest;
30		-	(2) cases of forcible entry and detainer;
31		-	(3) foreclosure of mortgages and enforcement of liens
32		-	on personal property in cases in which the amount in controversy is
33		-	otherwise within the justice court's jurisdiction; and
34		-	(4) cases arising under Chapter 707, Transportation
35		-	Code, outside a municipality's territorial limits.
36		-	(a-1) In addition to the jurisdiction and powers provided by
37		-	the constitution and other law, the justice court in a county with a
38		-	population of 250,000 or more has original jurisdiction of:
39		-	(1) civil matters in which exclusive jurisdiction is
40		-	not in the district or county court and in which the amount in
41		-	controversy is not more than $10,000, exclusive of interest;
42	25		(2) cases of forcible entry and detainer;
43	26		(3) foreclosure of mortgages and enforcement of liens
44	27		on personal property in cases in which the amount in controversy is
45	28		otherwise within the justice court's jurisdiction; and
46	29		(4) cases arising under Chapter 707, Transportation
47	30		Code, outside a municipality's territorial limits.
48	31		SECTION 3. Section 118.121, Local Government Code, is
49	32		amended to read as follows:
50	33		Sec. 118.121. FEE SCHEDULE. A justice of the peace shall
51	34		collect the following fees for services rendered to any person:
52	35		(1) Services rendered before judgment (Sec. 118.122)
53	36		[:
54	37		[(A) Justice court]$50.00 [$25.00
55	38		[(B) Small claims court$25.00]
56	39		(2) Services rendered after judgment (Sec. 118.123):
57	40		(A) Transcript$10.00
58	41		(B) Abstract of judgment$5.00
59	42		(C) Execution, order of sale, writ of
60	43		restitution, or other writ or process$5.00 per page
61	44		Certified copy of court papers$2.00 for
62	45		first page
63	46		$0.25 for each additional page
64	47		Issuing other document
65	48		(no return required)$1.00 for
66	49		first page
67	50		$0.25 for each additional page
68	51		SECTION 4. Section 118.122(a), Local Government Code, is
69	52		amended to read as follows:
70	53		(a) The fee for "Services rendered before judgment" under
71	54		Section 118.121(1) is for all required filings of documents,
72	55		including the filing of a counterclaim, and all other processes and
73	56		procedures in a civil matter in a justice court [or small claims
74	57		court].
75	58		SECTION 5. Section 118.123(a), Local Government Code, is
76	59		amended to read as follows:
77	60		(a) The fee for "Services rendered after judgment" under
78	61		Section 118.121(2) applies to a civil matter in a justice court [or
79	62		small claims court].
80	63		SECTION 6. Section 118.1235, Local Government Code, is
81	64		amended to read as follows:
82	65		Sec. 118.1235. FEE FOR CERTIFIED COPY. The fee for
83	66		"Certified copy of court papers" under Section 118.121(2) is for
84	67		issuing a certified copy of a paper filed in a justice court [or a
85	68		small claims court]. The fee must be paid at the time the order is
86	69		placed.
87	70		SECTION 7. The heading to Subchapter H, Chapter 101,
88	71		Government Code, is amended to read as follows:
89	72		SUBCHAPTER H. JUSTICE COURTS [AND SMALL CLAIMS COURTS]
90	73		SECTION 8. The heading to Section 101.141, Government Code,
91	74		is amended to read as follows:
92	75		Sec. 101.141. JUSTICE COURT [AND SMALL CLAIMS COURT] FEES
93	76		AND COSTS COLLECTED BY CLERK.
94	77		SECTION 9. The heading to Section 101.151, Government Code,
95	78		is amended to read as follows:
96	79		Sec. 101.151. JUSTICE COURT [AND SMALL CLAIMS COURT] FEES
97	80		COLLECTED BY JUSTICE OF THE PEACE.
98	81		SECTION 10. Section 101.151(a), Government Code, is amended
99	82		to read as follows:
100	83		(a) A justice of the peace shall collect the following fees
101	84		under the Local Government Code:
102	85		(1) services rendered before judgment (Secs. 118.121
103	86		and 118.122, Local Government Code) [:
104	87		[(A) justice court (Sec. 118.121, Local
105	88		Government Code)] . . . $50 [$25; and
106	89		[(B) small claims court (Sec. 118.121, Local
107	90		Government Code) . . . $25]; and
108	91		(2) services rendered after judgment (Secs. 118.121
109	92		and 118.123, Local Government Code):
110	93		(A) transcript (Sec. 118.121, Local Government
111	94		Code) . . . $10;
112	95		(B) abstract of judgment (Sec. 118.121, Local
113	96		Government Code) . . . $5;
114	97		(C) execution, order of sale, writ of
115	98		restitution, or other writ or process (Sec. 118.121, Local
116	99		Government Code) . . . $5 per page;
117	100		(D) certified copy of court papers (Secs. 118.121
118	101		and 118.1235, Local Government Code) . . . $2 for first page; $0.25
119	102		for each additional page; and
120	103		(E) issuing other document (no return required)
121	104		(Sec. 118.121, Local Government Code) . . . $1 for first page;
122	105		$0.25 for each additional page.
123	106		SECTION 11. Sections 26.042(a) and 27.031(a), Government
124	107		Code, as amended by this Act, apply only to a cause of action filed
125	108		on or after the effective date of this Act. A cause of action filed
126	109		before the effective date of this Act is governed by the law in
127	110		effect immediately before the effective date of this Act, and that
128	111		law is continued in effect for that purpose.
129	112		SECTION 12. This Act takes effect September 1, 2019.