Bill Text: TX HB2331 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to requests to a municipality for production or certification of a record in certain civil actions; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-06 - Laid on the table subject to call [HB2331 Detail]

Download: Texas-2023-HB2331-Comm_Sub.html
  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.
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