Sec. 22.004. FEE FOR PRODUCTION OR CERTIFICATION OF DOCUMENTS. (a) Except as provided by Subsection (a-1), a custodian of a record who receives a request for production or certification of a record under a subpoena, a request for production, or other instrument issued under the authority of a tribunal that compels production or certification of a record is entitled to $1 for production or certification of the record. If more than one record is produced or certified, the custodian of the records is entitled to only one fee under this section.

(a-1) A municipality that receives a request for production or certification of a record under a subpoena, a request for production, or other instrument in relation to a matter to which the municipality is not a party and that is issued under the authority of a tribunal that compels production or certification of a record is entitled to impose a fee for production or certification of the record in the same amount and manner provided by Subchapter F, Chapter 552, Government Code, for a charge for providing a copy of public information, as if the production or certification of the record is the provision of a copy of public information under that chapter.

(b) A custodian of a record who produces or certifies a record under Subsection (a) or (a-1), but who is not required to appear in court, is not entitled to a witness fee under Section 22.001.

(c) The party who requests production or certification of a record shall pay the fee required for the record, as provided by this section, at the time the subpoena, request, or other instrument is served.

(d) The fee required by this section must be taxed in the bill of costs as other costs.

(e) The fee required by this section is in addition to any other fee imposed by law for the production or certification of a record.

Added by Acts 1995, 74th Leg., ch. 452, Sec. 1, eff. June 9, 1995.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 74 (S.B. 569), Sec. 1, eff. September 1, 2023.