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