Bill Text: TX HB301 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to fees collected by a justice court; increasing a fee.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-04-23 - Withdrawn from schedule [HB301 Detail]

Download: Texas-2019-HB301-Introduced.html

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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.