Bill Text: TX HB627 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a fee collected by a district clerk for certain certified copies.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB627 Detail]
Download: Texas-2011-HB627-Comm_Sub.html
Bill Title: Relating to a fee collected by a district clerk for certain certified copies.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB627 Detail]
Download: Texas-2011-HB627-Comm_Sub.html
By: Woolley (Senate Sponsor - Gallegos) | H.B. No. 627 | |
(In the Senate - Received from the House April 27, 2011; | ||
May 4, 2011, read first time and referred to Committee on | ||
Jurisprudence; May 12, 2011, reported favorably by the following | ||
vote: Yeas 7, Nays 0; May 12, 2011, sent to printer.) |
|
||
|
||
relating to a fee collected by a district clerk for certain | ||
certified copies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.318(b), Government Code, is amended | ||
to read as follows: | ||
(b) The fees are: | ||
(1) for issuing a subpoena, including one copy$8 | ||
(2) for issuing a citation, commission for deposition, | ||
writ of execution, order of sale, writ of execution and order of | ||
sale, writ of injunction, writ of garnishment, writ of attachment, | ||
or writ of sequestration not provided for in Section 51.317, or any | ||
other writ or process not otherwise provided for, including one | ||
copy if required by law$8 | ||
(3) for searching files or records to locate a cause | ||
when the docket number is not provided$5 | ||
(4) for searching files or records to ascertain the | ||
existence of an instrument or record in the district clerk's | ||
office$5 | ||
(5) for abstracting a judgment$8 | ||
(6) for approving a bond$4 | ||
(7) for a certified copy of a record, judgment, order, | ||
pleading, or paper on file or of record in the district clerk's | ||
office, including certificate and seal, for each page or part of a | ||
page not to exceed $1 | ||
(8) for a noncertified copy, for each page or part of a | ||
page not to exceed $1. | ||
SECTION 2. Section 101.0611, Government Code, is amended to | ||
read as follows: | ||
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT | ||
CODE. The clerk of a district court shall collect fees and costs | ||
under the Government Code as follows: | ||
(1) appellate judicial system filing fees for: | ||
(A) First or Fourteenth Court of Appeals District | ||
(Sec. 22.2021, Government Code) . . . not more than $5; | ||
(B) Second Court of Appeals District (Sec. | ||
22.2031, Government Code) . . . not more than $5; | ||
(C) Third Court of Appeals District (Sec. | ||
22.2041, Government Code) . . . $5; | ||
(D) Fourth Court of Appeals District (Sec. | ||
22.2051, Government Code) . . . not more than $5; | ||
(E) Fifth Court of Appeals District (Sec. | ||
22.2061, Government Code) . . . not more than $5; | ||
(F) Ninth Court of Appeals District (Sec. | ||
22.2101, Government Code) . . . $5; | ||
(G) Eleventh Court of Appeals District (Sec. | ||
22.2121, Government Code) . . . $5; and | ||
(H) Thirteenth Court of Appeals District (Sec. | ||
22.2141, Government Code) . . . not more than $5; | ||
(2) when administering a case for the Rockwall County | ||
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and | ||
court costs as if the case had been filed in district court; | ||
(3) additional filing fees: | ||
(A) for each suit filed for insurance contingency | ||
fund, if authorized by the county commissioners court (Sec. 51.302, | ||
Government Code) . . . not to exceed $5; | ||
(B) to fund the improvement of Dallas County | ||
civil court facilities, if authorized by the county commissioners | ||
court (Sec. 51.705, Government Code) . . . not more than $15; and | ||
(C) to fund the improvement of Hays County court | ||
facilities, if authorized by the county commissioners court (Sec. | ||
51.707, Government Code) . . . not more than $15; | ||
(4) for filing a suit, including an appeal from an | ||
inferior court: | ||
(A) for a suit with 10 or fewer plaintiffs (Sec. | ||
51.317, Government Code) . . . $50; | ||
(B) for a suit with at least 11 but not more than | ||
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | ||
(C) for a suit with at least 26 but not more than | ||
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | ||
(D) for a suit with at least 101 but not more than | ||
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | ||
(E) for a suit with at least 501 but not more than | ||
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | ||
(F) for a suit with more than 1,000 plaintiffs | ||
(Sec. 51.317, Government Code) . . . $200; | ||
(5) for filing a cross-action, counterclaim, | ||
intervention, contempt action, motion for new trial, or third-party | ||
petition (Sec. 51.317, Government Code) . . . $15; | ||
(6) for issuing a citation or other writ or process not | ||
otherwise provided for, including one copy, when requested at the | ||
time a suit or action is filed (Sec. 51.317, Government Code) . . . | ||
$8; | ||
(7) for records management and preservation (Sec. | ||
51.317, Government Code) . . . $10; | ||
(8) for issuing a subpoena, including one copy (Sec. | ||
51.318, Government Code) . . . $8; | ||
(9) for issuing a citation, commission for deposition, | ||
writ of execution, order of sale, writ of execution and order of | ||
sale, writ of injunction, writ of garnishment, writ of attachment, | ||
or writ of sequestration not provided for in Section 51.317, or any | ||
other writ or process not otherwise provided for, including one | ||
copy if required by law (Sec. 51.318, Government Code) . . . $8; | ||
(10) for searching files or records to locate a cause | ||
when the docket number is not provided (Sec. 51.318, Government | ||
Code) . . . $5; | ||
(11) for searching files or records to ascertain the | ||
existence of an instrument or record in the district clerk's office | ||
(Sec. 51.318, Government Code) . . . $5; | ||
(12) for abstracting a judgment (Sec. 51.318, | ||
Government Code) . . . $8; | ||
(13) for approving a bond (Sec. 51.318, Government | ||
Code) . . . $4; | ||
(14) for a certified copy of a record, judgment, | ||
order, pleading, or paper on file or of record in the district | ||
clerk's office, including certificate and seal, for each page or | ||
part of a page (Sec. 51.318, Government Code) . . . not to exceed | ||
$1; | ||
(15) for a noncertified copy, for each page or part of | ||
a page (Sec. 51.318, Government Code) . . . not to exceed $1; | ||
(16) fee for performing a service: | ||
(A) related to the matter of the estate of a | ||
deceased person (Sec. 51.319, Government Code) . . . the same fee | ||
allowed the county clerk for those services; | ||
(B) related to the matter of a minor (Sec. | ||
51.319, Government Code) . . . the same fee allowed the county | ||
clerk for the service; | ||
(C) of serving process by certified or registered | ||
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or | ||
constable is authorized to charge for the service under Section | ||
118.131, Local Government Code; and | ||
(D) prescribed or authorized by law but for which | ||
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; | ||
(17) jury fee (Sec. 51.604, Government Code) . . . | ||
$30; | ||
(18) additional filing fee for family protection on | ||
filing a suit for dissolution of a marriage under Chapter 6, Family | ||
Code (Sec. 51.961, Government Code) . . . not to exceed $15; | ||
(19) at a hearing held by an associate judge in Dallas | ||
County, a court cost to preserve the record, in the absence of a | ||
court reporter, by other means (Sec. 54.509, Government Code) . . . | ||
as assessed by the referring court or associate judge; and | ||
(20) at a hearing held by an associate judge in Duval | ||
County, a court cost to preserve the record (Sec. 54.1151, | ||
Government Code) . . . as imposed by the referring court or | ||
associate judge. | ||
SECTION 3. Section 51.318(b), Government Code, as amended | ||
by this Act, applies only to a request for a certified copy of a | ||
record, judgment, order, pleading, or paper on file or of record in | ||
the district clerk's office, including certificate and seal, made | ||
on or after the effective date of this Act. A request made before | ||
the effective date of this Act is covered by the law in effect when | ||
the request was made, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
* * * * * |