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

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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 - Dead) 2019-05-13 - Referred to State Affairs [HB1380 Detail]

Download: Texas-2019-HB1380-Engrossed.html

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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.