88R5782 SCL-D
By: Stucky H.B. No. 2331
A BILL TO BE ENTITLED
AN ACT
relating to requests to a municipality for production or
certification of a record in certain civil actions; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.004, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (b) and adding
Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), a [A] custodian
of a record who receives a request for production or certification
of a record under a subpoena, a request for production, or other
instrument issued under the authority of a tribunal that compels
production or certification of a record is entitled to $1 for
production or certification of the record. If more than one record
is produced or certified, the custodian of the records is entitled
to only one fee under this section.
(a-1) A municipality that receives a request for production
or certification of a record under a subpoena, a request for
production, or other instrument in relation to a matter to which the
municipality is not a party and that is issued under the authority
of a tribunal that compels production or certification of a record
is entitled to impose a fee for production or certification of the
record in the same amount and manner provided by Subchapter F,
Chapter 552, Government Code, for a charge for providing a copy of
public information, as if the production or certification of the
record is the provision of a copy of public information under that
chapter.
(b) A custodian of a record who produces or certifies a
record under Subsection (a) or (a-1), but who is not required to
appear in court, is not entitled to a witness fee under Section
22.001.
SECTION 2. Section 22.004, Civil Practice and Remedies
Code, as amended by this Act, applies only to a production or
certification request issued on or after the effective date of this
Act. A production or certification request issued before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.