Bill Text: TX HB1380 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the jurisdiction of certain courts and fees collected by a justice court; increasing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2019-05-13 - Referred to State Affairs [HB1380 Detail]

Download: Texas-2019-HB1380-Engrossed.html
 
 
  By: Murr H.B. No. 1380
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the jurisdiction of certain courts and fees collected
  by a justice court; increasing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 26.042, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A county court in a county with a population of less than
  250,000 has concurrent jurisdiction with the justice courts in
  civil cases in which the matter in controversy exceeds $200 in value
  but does not exceed $20,000 [$10,000], exclusive of interest.
         (a-1)  A county court in a county with a population of
  250,000 or more has concurrent jurisdiction with the justice courts
  in civil cases in which the matter in controversy exceeds $200 in
  value but does not exceed $10,000, exclusive of interest.
         SECTION 2.  Section 27.031, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  In addition to the jurisdiction and powers provided by
  the constitution and other law, the justice court in a county with a
  population of less than 250,000 has original jurisdiction of:
               (1)  civil matters in which exclusive jurisdiction is
  not in the district or county court and in which the amount in
  controversy is not more than $20,000 [$10,000], exclusive of
  interest;
               (2)  cases of forcible entry and detainer;
               (3)  foreclosure of mortgages and enforcement of liens
  on personal property in cases in which the amount in controversy is
  otherwise within the justice court's jurisdiction; and
               (4)  cases arising under Chapter 707, Transportation
  Code, outside a municipality's territorial limits.
         (a-1)  In addition to the jurisdiction and powers provided by
  the constitution and other law, the justice court in a county with a
  population of 250,000 or more has original jurisdiction of:
               (1)  civil matters in which exclusive jurisdiction is
  not in the district or county court and in which the amount in
  controversy is not more than $10,000, exclusive of interest;
               (2)  cases of forcible entry and detainer;
               (3)  foreclosure of mortgages and enforcement of liens
  on personal property in cases in which the amount in controversy is
  otherwise within the justice court's jurisdiction; and
               (4)  cases arising under Chapter 707, Transportation
  Code, outside a municipality's territorial limits.
         SECTION 3.  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 4.  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 5.  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 6.  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 7.  The heading to Subchapter H, Chapter 101,
  Government Code, is amended to read as follows:
  SUBCHAPTER H. JUSTICE COURTS [AND SMALL CLAIMS COURTS]
         SECTION 8.  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 9.  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 10.  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 11.  Sections 26.042(a) and 27.031(a), Government
  Code, as amended 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 12.  This Act takes effect September 1, 2019.
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