| 1 | 1 | | 88R5782 SCL-D |
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| 2 | 2 | | By: Stucky H.B. No. 2331 |
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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 requests to a municipality for production or |
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| 8 | 8 | | certification of a record in certain civil actions; authorizing a |
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| 9 | 9 | | fee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 22.004, Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended by amending Subsections (a) and (b) and adding |
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| 13 | 13 | | Subsection (a-1) to read as follows: |
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| 14 | 14 | | (a) Except as provided by Subsection (a-1), a [A] custodian |
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| 15 | 15 | | of a record who receives a request for production or certification |
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| 16 | 16 | | of a record under a subpoena, a request for production, or other |
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| 17 | 17 | | instrument issued under the authority of a tribunal that compels |
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| 18 | 18 | | production or certification of a record is entitled to $1 for |
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| 19 | 19 | | production or certification of the record. If more than one record |
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| 20 | 20 | | is produced or certified, the custodian of the records is entitled |
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| 21 | 21 | | to only one fee under this section. |
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| 22 | 22 | | (a-1) A municipality that receives a request for production |
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| 23 | 23 | | or certification of a record under a subpoena, a request for |
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| 24 | 24 | | production, or other instrument in relation to a matter to which the |
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| 25 | 25 | | municipality is not a party and that is issued under the authority |
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| 26 | 26 | | of a tribunal that compels production or certification of a record |
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| 27 | 27 | | is entitled to impose a fee for production or certification of the |
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| 28 | 28 | | record in the same amount and manner provided by Subchapter F, |
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| 29 | 29 | | Chapter 552, Government Code, for a charge for providing a copy of |
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| 30 | 30 | | public information, as if the production or certification of the |
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| 31 | 31 | | record is the provision of a copy of public information under that |
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| 32 | 32 | | chapter. |
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| 33 | 33 | | (b) A custodian of a record who produces or certifies a |
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| 34 | 34 | | record under Subsection (a) or (a-1), but who is not required to |
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| 35 | 35 | | appear in court, is not entitled to a witness fee under Section |
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| 36 | 36 | | 22.001. |
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| 37 | 37 | | SECTION 2. Section 22.004, Civil Practice and Remedies |
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| 38 | 38 | | Code, as amended by this Act, applies only to a production or |
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| 39 | 39 | | certification request issued on or after the effective date of this |
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| 40 | 40 | | Act. A production or certification request issued before the |
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| 41 | 41 | | effective date of this Act is governed by the law as it existed |
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| 42 | 42 | | immediately before the effective date of this Act, and that law is |
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| 43 | 43 | | continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
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