Texas 2019 - 86th Regular

Texas House Bill HB301 Latest Draft

Bill / Introduced Version Filed 11/12/2018

                            86R2817 YDB-F
 By: Murr H.B. No. 301


 A BILL TO BE ENTITLED
 AN ACT
 relating to fees collected by a justice court; increasing a fee.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 118.121, Local Government Code, is
 amended to read as follows:
 Sec. 118.121.  FEE SCHEDULE. A justice of the peace shall
 collect the following fees for services rendered to any person:
 (1)  Services rendered before judgment (Sec. 118.122)
 [:
 [(A)  Justice court]$50.00 [$25.00
 [(B)  Small claims court$25.00]
 (2)  Services rendered after judgment (Sec. 118.123):
 (A)  Transcript$10.00
 (B)  Abstract of judgment$5.00
 (C)  Execution, order of sale, writ of
 restitution, or other writ or process$5.00 per page
 Certified copy of court papers$2.00 for
 first page
 $0.25 for each additional page
 Issuing other document
 (no return required)$1.00 for
 first page
 $0.25 for each additional page
 SECTION 2.  Section 118.122(a), Local Government Code, is
 amended to read as follows:
 (a)  The fee for "Services rendered before judgment" under
 Section 118.121(1) is for all required filings of documents,
 including the filing of a counterclaim, and all other processes and
 procedures in a civil matter in a justice court [or small claims
 court].
 SECTION 3.  Section 118.123(a), Local Government Code, is
 amended to read as follows:
 (a)  The fee for "Services rendered after judgment" under
 Section 118.121(2) applies to a civil matter in a justice court [or
 small claims court].
 SECTION 4.  Section 118.1235, Local Government Code, is
 amended to read as follows:
 Sec. 118.1235.  FEE FOR CERTIFIED COPY. The fee for
 "Certified copy of court papers" under Section 118.121(2) is for
 issuing a certified copy of a paper filed in a justice court [or a
 small claims court]. The fee must be paid at the time the order is
 placed.
 SECTION 5.  The heading to Subchapter H, Chapter 101,
 Government Code, is amended to read as follows:
 SUBCHAPTER H. JUSTICE COURTS [AND SMALL CLAIMS COURTS]
 SECTION 6.  The heading to Section 101.141, Government Code,
 is amended to read as follows:
 Sec. 101.141.  JUSTICE COURT [AND SMALL CLAIMS COURT] FEES
 AND COSTS COLLECTED BY CLERK.
 SECTION 7.  The heading to Section 101.151, Government Code,
 is amended to read as follows:
 Sec. 101.151.  JUSTICE COURT [AND SMALL CLAIMS COURT] FEES
 COLLECTED BY JUSTICE OF THE PEACE.
 SECTION 8.  Section 101.151(a), Government Code, is amended
 to read as follows:
 (a)  A justice of the peace shall collect the following fees
 under the Local Government Code:
 (1)  services rendered before judgment (Secs. 118.121
 and 118.122, Local Government Code) [:
 [(A)     justice court (Sec. 118.121, Local
 Government Code)] . . . $50 [$25; and
 [(B)     small claims court (Sec. 118.121, Local
 Government Code) .   .   . $25]; and
 (2)  services rendered after judgment (Secs. 118.121
 and 118.123, Local Government Code):
 (A)  transcript (Sec. 118.121, Local Government
 Code) . . . $10;
 (B)  abstract of judgment (Sec. 118.121, Local
 Government Code) . . . $5;
 (C)  execution, order of sale, writ of
 restitution, or other writ or process (Sec. 118.121, Local
 Government Code) . . . $5 per page;
 (D)  certified copy of court papers (Secs. 118.121
 and 118.1235, Local Government Code) . . . $2 for first page; $0.25
 for each additional page; and
 (E)  issuing other document (no return required)
 (Sec. 118.121, Local Government Code) . . . $1 for first page;
 $0.25 for each additional page.
 SECTION 9.  The changes in law made by this Act apply only to
 a cause of action filed on or after the effective date of this Act.
 A cause of action filed before the effective date of this Act is
 governed by the law in effect immediately before the effective date
 of this Act, and that law is continued in effect for that purpose.
 SECTION 10.  This Act takes effect September 1, 2019.