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A BILL TO BE ENTITLED
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AN ACT
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relating to court administration and costs; increasing certain |
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court costs; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.101, Estates Code, is amended to read |
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as follows: |
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Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS |
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PROPER. If probate proceedings involving the same estate are |
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commenced in more than one county and the court making a |
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determination of venue as provided by Section 33.053 determines |
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that venue is proper in another county, the court clerk shall |
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transmit the file for the proceeding in accordance with the |
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|
procedures provided by Section 33.105 [make and retain a copy of the |
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entire file in the case and transmit the original file in electronic |
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or paper form] to the court in the county in which venue is proper. |
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The court to which the file is transmitted shall conduct the |
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proceeding in the same manner as if the proceeding had originally |
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been commenced in that county. |
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SECTION 2. Section 33.102(a), Estates Code, is amended to |
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read as follows: |
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(a) If it appears to the court at any time before the final |
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order in a probate proceeding is rendered that the court does not |
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have priority of venue over the proceeding, the court shall, on the |
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application of an interested person, transfer the proceeding to the |
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proper county by transmitting the file for the proceeding in |
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accordance with the procedures provided by Section 33.105 to the |
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proper court in that county [in electronic or paper form: |
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[(1) the original file in the case; and |
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[(2) certified copies of all entries that have been |
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made in the judge's probate docket in the proceeding]. |
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SECTION 3. Section 33.103(b), Estates Code, is amended to |
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read as follows: |
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(b) The clerk of the court from which the probate proceeding |
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described by Subsection (a) is transferred shall transmit the file |
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for the proceeding in accordance with the procedures provided by |
|
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Section 33.105 to the court to which the proceeding is |
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transferred[: |
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[(1) the original file in the proceeding; and |
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[(2) a certified copy of the index]. |
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SECTION 4. Subchapter C, Chapter 33, Estates Code, is |
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amended by adding Section 33.105 to read as follows: |
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Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If |
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a probate proceeding is transferred to a court in another county |
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under this chapter, the clerk of the transferring court shall send |
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to the clerk of the court to which the proceeding is transferred, |
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|
using the electronic filing system established under Section |
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72.031, Government Code: |
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(1) a transfer certificate and index of transferred |
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|
documents; |
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(2) a copy of each final order; |
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(3) a copy of the order of transfer signed by the |
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transferring court; |
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(4) a copy of the original papers filed in the |
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transferring court, including a copy of any will; |
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(5) a copy of the transfer certificate and index of |
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transferred documents from each previous transfer; and |
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(6) a bill of any costs accrued in the transferring |
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court. |
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(b) The clerk of the transferring court shall use the |
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standardized transfer certificate and index of transferred |
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|
documents form developed by the Office of Court Administration of |
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the Texas Judicial System under Section 72.037, Government Code, |
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|
when transferring a proceeding under this section. |
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(c) The clerk of the transferring court shall keep a copy of |
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the documents transferred under Subsection (a). |
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(d) The clerk of the court to which the proceeding is |
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transferred shall: |
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(1) accept documents transferred under Subsection |
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(a); |
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(2) docket the proceeding; and |
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(3) notify, using the electronic filing system |
|
|
established under Section 72.031, Government Code, all parties to |
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the proceeding, the clerk of the transferring court, and, if |
|
|
appropriate, the transferring court's local registry that the |
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proceeding has been docketed. |
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(e) The clerk of the transferee court shall physically or |
|
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electronically mark or stamp the transfer certificate and index of |
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|
transferred documents to evidence the date and time of acceptance |
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under Subsection (d) but may not physically or electronically mark |
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or stamp any other document transferred under Subsection (a). |
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(f) The clerks of both the transferee and transferring |
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|
courts may each produce under Chapter 51, Government Code, |
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|
certified or uncertified copies of documents transferred under |
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Subsection (a) but must include a copy of the transfer certificate |
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and index of transferred documents with each document produced. |
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(g) Sections 80.001 and 80.002, Government Code, do not |
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apply to the transfer of documents under this section. |
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SECTION 5. Section 1023.006, Estates Code, is amended to |
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read as follows: |
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Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the |
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10th working day after the date [When] an order of transfer is |
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signed [made] under Section 1023.005, the clerk shall record any |
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unrecorded papers of the guardianship required to be recorded. On |
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payment of the clerk's fee, the clerk shall send, using the |
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electronic filing system established under Section 72.031, |
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|
Government Code, [transmit in electronic or paper form] to the |
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county clerk of the county to which the guardianship was ordered |
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transferred: |
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(1) a transfer certificate and index of transferred |
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documents [the case file of the guardianship proceedings]; [and] |
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(2) a copy of each final order; |
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|
(3) a copy of the order of transfer signed by the |
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transferring court; |
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(4) a copy of the original papers filed in the |
|
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transferring court; |
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(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
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|
(6) a bill of any costs accrued in the transferring |
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court [a certified copy of the index of the guardianship records]. |
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(b) The clerk of the transferring court shall use the |
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standardized transfer certificate and index of transferred |
|
|
documents form developed by the Office of Court Administration of |
|
|
the Texas Judicial System under Section 72.037, Government Code, |
|
|
when transferring a proceeding under this section. |
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(c) The clerk of the transferring court shall keep a copy of |
|
|
the documents transferred under Subsection (a). |
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(d) The clerk of the court to which the proceeding is |
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|
transferred shall: |
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(1) accept documents transferred under Subsection |
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(a); |
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(2) docket the suit; and |
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(3) notify, using the electronic filing system |
|
|
established under Section 72.031, Government Code, all parties, the |
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clerk of the transferring court, and, if appropriate, the |
|
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transferring court's local registry that the suit has been |
|
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docketed. |
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(e) The clerk of the transferee court shall physically or |
|
|
electronically mark or stamp the transfer certificate and index of |
|
|
transferred documents to evidence the date and time of acceptance |
|
|
under Subsection (d), but may not physically or electronically mark |
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or stamp any other document transferred under Subsection (a). |
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(f) The clerk of the transferring court shall send a |
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certified copy of the order directing payments to the transferee |
|
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court to: |
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(1) any party affected by the order and, if |
|
|
appropriate, to the local registry of the transferee court using |
|
|
the electronic filing system established under Section 72.031, |
|
|
Government Code; and |
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(2) an employer affected by the order electronically |
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or by first class mail. |
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(g) The clerks of both the transferee and transferring |
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|
courts may each produce under Chapter 51, Government Code, |
|
|
certified or uncertified copies of documents transferred under |
|
|
Subsection (a) but must include a copy of the transfer certificate |
|
|
and index of transferred documents with each document produced. |
|
|
(h) Sections 80.001 and 80.002, Government Code, do not |
|
|
apply to the transfer of documents under this section. |
|
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SECTION 6. Section 1023.007, Estates Code, is amended to |
|
|
read as follows: |
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Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring |
|
|
a guardianship does not take effect until the clerk of the court to |
|
|
which the proceeding is transferred accepts and dockets the case |
|
|
record under Section 1023.006[: |
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[(1) the case file and a certified copy of the index |
|
|
required by Section 1023.006 are filed in electronic or paper form |
|
|
in the office of the county clerk of the county to which the |
|
|
guardianship was ordered transferred; and |
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|
[(2) a certificate under the clerk's official seal and |
|
|
reporting the filing of the case file and a certified copy of the |
|
|
index is filed in electronic or paper form in the court ordering the |
|
|
transfer by the county clerk of the county to which the guardianship |
|
|
was ordered transferred]. |
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|
SECTION 7. Section 110.002, Family Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (d) to read as |
|
|
follows: |
|
|
(a) The clerk of the court may collect a filing fee of $80 |
|
|
[$15] in a suit for filing: |
|
|
(1) a suit or motion for modification; |
|
|
(2) a motion for enforcement; |
|
|
(3) a notice of application for judicial writ of |
|
|
withholding; |
|
|
(4) [a motion to transfer; |
|
|
[(5)] a petition for license suspension; |
|
|
(5) [(6)] a motion to revoke a stay of license |
|
|
suspension; or |
|
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(6) [(7)] a motion for contempt. |
|
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(d) Fees collected under this section are to be remitted and |
|
|
allocated as provided by Chapter 135, Local Government Code. |
|
|
SECTION 8. Section 110.005(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) The fee for filing a transferred case is $80 [$45] |
|
|
payable to the clerk of the court to which the case is transferred. |
|
|
Fees collected under this section are to be remitted and allocated |
|
|
as provided by Chapters 133 and 135, Local Government Code, as |
|
|
applicable [No portion of this fee may be sent to the state]. |
|
|
SECTION 9. Sections 155.207(a), (b), and (e), Family Code, |
|
|
are amended to read as follows: |
|
|
(a) Not later than the 10th working day after the date an |
|
|
order of transfer is signed, the clerk of the court transferring a |
|
|
proceeding shall send, using the electronic filing system |
|
|
established under Section 72.031, Government Code, to the proper |
|
|
court [in the county] to which transfer is being made: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents; |
|
|
(2) a copy of each final order; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of the original papers filed in the |
|
|
transferring court; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs that have accrued in the |
|
|
transferring court. |
|
|
(b) The clerk of the transferring court shall keep a copy of |
|
|
the documents transferred under Subsection (a) [transferred |
|
|
pleadings]. |
|
|
(e) The clerks of both the transferee and transferring |
|
|
courts may each produce under Chapter 51, Government Code, |
|
|
certified or uncertified copies of documents transferred under |
|
|
Subsection (a) and must [filed in a case transferred under this |
|
|
section, but shall also] include a copy of the transfer certificate |
|
|
and index of transferred documents with each document produced. |
|
|
SECTION 10. Section 51.3071, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (f) and (g) to read |
|
|
as follows: |
|
|
(a) If a case is transferred from a district court to a |
|
|
constitutional or statutory county court or another district court, |
|
|
the clerk of the transferring [district] court shall send to the |
|
|
[county] clerk of the court to which the case is transferred, using |
|
|
the electronic filing system established under Section 72.031: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents; |
|
|
(2) a copy of the original papers filed in the |
|
|
transferring court; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of each final order; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs that have accrued in the |
|
|
transferring court. |
|
|
(f) The clerks of both the transferee and transferring |
|
|
courts may each produce, under this chapter, certified or |
|
|
uncertified copies of documents transferred under Subsection (a) |
|
|
and must include a copy of the transfer certificate and index of |
|
|
transferred documents with each document produced. |
|
|
(g) This section applies regardless of whether the |
|
|
transferee court and the transferring court are in the same or |
|
|
different counties. |
|
|
SECTION 11. 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, 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 or to ascertain the existence |
|
|
of an instrument or record in the district clerk's office$5; |
|
|
(4) for abstracting a judgment$8; |
|
|
(5) for preparation of the clerk's record on appeal, |
|
|
for each page or part of a page$1; |
|
|
(6) for approving a bond$5; |
|
|
(7) for a certified copy of a record, judgment, order, |
|
|
pleading, or paper on file or of record in the district clerk's |
|
|
office[, printed on paper]: |
|
|
(A) including certificate and seal$5; and |
|
|
(B) for each page or part of a page: |
|
|
(i) printed on paper$1; |
|
|
(ii) that is a paper document converted to |
|
|
electronic format$1; or |
|
|
(iii) that is an electronic copy of an |
|
|
electronic document: |
|
|
(a) for a document up to 10 pages in |
|
|
length$1; and |
|
|
(b) for each page or part of a page |
|
|
over 10 pages$0.10; |
|
|
(8) for a noncertified copy: |
|
|
(A) printed on paper, for each page or part of a |
|
|
page$1; |
|
|
(B) that is a paper document converted to |
|
|
electronic format, for each page or part of a page$1; or |
|
|
(C) that is an electronic copy of an electronic |
|
|
document: |
|
|
(i) for each document up to 10 pages in |
|
|
length$1; and |
|
|
(ii) for each page or part of a page over 10 |
|
|
pages$0.10; |
|
|
(9) for preparation of the clerk's record of transfer |
|
|
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, |
|
|
Family Code, and Sections 51.3071 and 51.403 of this code: |
|
|
(A) for the clerk's transfer certificate and |
|
|
index$5; |
|
|
(B) for each page or part of a page of a case |
|
|
record up to 10 pages in length$1.00; and |
|
|
(C) for each page or part of a page of a case |
|
|
record over 10 pages$0.10. |
|
|
SECTION 12. Section 51.403, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (d) and (e) to read |
|
|
as follows: |
|
|
(a) If a case is transferred from a county court to a |
|
|
district court or a statutory county court or a county court of |
|
|
another county, the clerk of the transferring [county] court shall |
|
|
send to the [district] clerk of the court to which the case is |
|
|
transferred, using the electronic filing system established under |
|
|
Section 72.031: |
|
|
(1) a transfer certificate and index of transferred |
|
|
documents; |
|
|
(2) a copy of the original papers filed in the |
|
|
transferring court; |
|
|
(3) a copy of the order of transfer signed by the |
|
|
transferring court; |
|
|
(4) a copy of each final order; |
|
|
(5) a copy of the transfer certificate and index of |
|
|
transferred documents from each previous transfer; and |
|
|
(6) a bill of any costs that have accrued in the |
|
|
transferring court. |
|
|
(d) The clerks of both the transferee and transferring |
|
|
courts may each produce, under this chapter, certified or |
|
|
uncertified copies of documents transferred under Subsection (a) |
|
|
and must include a copy of the transfer certificate and index of |
|
|
transferred documents with each document produced. |
|
|
(e) This section applies regardless of whether the |
|
|
transferee court and the transferring court are in the same or |
|
|
different counties. |
|
|
SECTION 13. Section 72.037(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) The office shall develop and make available a |
|
|
standardized transfer certificate and an index of transferred |
|
|
documents form to be used for the transfer of cases and proceedings |
|
|
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, |
|
|
Family Code, and Sections 51.3071 and 51.403 of this code. |
|
|
SECTION 14. Section 118.011(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) A county clerk shall collect the following fees for |
|
|
services rendered to any person: |
|
|
(1) Personal Property Records Filing (Sec. 118.012): |
|
|
(A) for the first page$ 5.00; |
|
|
(B) for each additional page or part of a page on |
|
|
which there are visible marks of any kind$ 4.00; |
|
|
(2) Real Property Records Filing (Sec. 118.013): |
|
|
(A) for the first page$ 5.00; |
|
|
(B) for each additional page or part of a page on |
|
|
which there are visible marks of any kind$ 4.00; |
|
|
(C) for all or part of each 8-1/2" X |
|
|
14" attachment or rider$ 4.00; |
|
|
(D) for each name in excess of five names that has |
|
|
to be indexed in all records in which the document must be |
|
|
indexed$ 0.25; |
|
|
(3) Certified Papers (Sec. 118.014): |
|
|
(A) for the clerk's certificate$ 5.00; |
|
|
(B) printed on paper, plus a fee for each page or |
|
|
part of a page$ 1.00; |
|
|
(C) that is a paper document converted to |
|
|
electronic format, for each page or part of a page$1; |
|
|
(D) that is an electronic copy of an electronic |
|
|
document: |
|
|
(i) for each document up to 10 pages in |
|
|
length$1; |
|
|
(ii) for each page or part of a page of a |
|
|
document over 10 pages$0.10; |
|
|
(4) Noncertified Papers (Sec. 118.0145): |
|
|
(A) printed on paper, for each page or part of a |
|
|
page$ 1.00; |
|
|
(B) that is a paper document converted to |
|
|
electronic format, for each page or part of a page$1; |
|
|
(C) that is an electronic copy of an electronic |
|
|
document: |
|
|
(i) for each document up to 10 pages in |
|
|
length$1; |
|
|
(ii) for each page or part of a page of a |
|
|
document over 10 pages$0.10; |
|
|
(5) Birth or Death Certificate (Sec. |
|
|
118.015)same as state registrar; |
|
|
(6) Bond Approval (Sec. 118.016)$ 3.00; |
|
|
(7) Marriage License (Sec. 118.018)$60.00; |
|
|
(8) Declaration of Informal Marriage (Sec. |
|
|
118.019)$25.00; |
|
|
(9) Brand Registration (Sec. 118.020)$ 5.00; |
|
|
(10) Oath Administration (Sec. 118.021)$ 1.00. |
|
|
SECTION 15. Section 118.052, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
|
|
shall collect the following fees for services rendered to any |
|
|
person: |
|
|
(1) CIVIL COURT ACTIONS |
|
|
(A) Preparation of the clerk's record of transfer |
|
|
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, |
|
|
Family Code, and Sections 51.3071 and 51.403, Government Code: |
|
|
(i) for the clerk's transfer certificate |
|
|
and index . . . . . . $5; and |
|
|
(ii) for each page or part of a page of a |
|
|
case record up to 10 pages in length . . . . . . $1.00; |
|
|
(iii) for each page or part of a page of a |
|
|
case record over 10 pages . . . . . . $0.10; [Filing |
|
|
of Garnishment after judgment . . . $15.00] |
|
|
(B) Services Rendered After Judgment in Original |
|
|
Action (Sec. 118.0545): |
|
|
(i) Abstract of judgment . . . $ 8.00; |
|
|
(ii) Execution, order of sale, writ, or |
|
|
other process . . . $ 8.00; |
|
|
(2) PROBATE COURT ACTIONS |
|
|
(A) Services in Pending Probate Action (Sec. |
|
|
118.056): |
|
|
(i) Filing an inventory and appraisement as |
|
|
provided by Section 118.056(d) . . . $25.00; |
|
|
(ii) Approving and recording bond . . . |
|
|
$ 5.00; |
|
|
(iii) Administering oath . . . $ 2.00; |
|
|
(iv) Filing annual or final account of |
|
|
estate . . . $25.00; |
|
|
(v) Filing application for sale of real or |
|
|
personal property . . . $25.00; |
|
|
(vi) Filing annual or final report of |
|
|
guardian of a person . . . $10.00; |
|
|
(vii) Filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first, if more than |
|
|
25 pages . . . $25.00; |
|
|
(B) Claim Against Estate (Sec. 118.058) . . . |
|
|
$10.00; |
|
|
(C) Preparation of the clerk's record of transfer |
|
|
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, |
|
|
Family Code, and Sections 51.3071 and 51.403, Government Code: |
|
|
(i) for the clerk's transfer certificate |
|
|
and index . . . . . . $5; |
|
|
(ii) for each page or part of a page of a |
|
|
case record up to 10 pages in length . . . . . . $1.00; |
|
|
(iii) for each page or part of a page of a |
|
|
case record over 10 pages . . . . . . $0.10; |
|
|
(3) OTHER FEES |
|
|
(A) Issuing Document (Sec. 118.059): |
|
|
(i) original document and one copy . . . |
|
|
$ 8.00; |
|
|
(ii) each additional set of an original and |
|
|
one copy . . . $ 8.00; |
|
|
(B) Certified Papers (Sec. 118.060): |
|
|
(i) for the clerk's certificate . . . |
|
|
$ 5.00; |
|
|
(ii) printed on paper, plus a fee per page |
|
|
or part of a page of . . . $ 1.00; |
|
|
(iii) that is a paper document converted to |
|
|
electronic format, for each page or part of a page . . . . . . $1; |
|
|
(iv) that is an electronic copy of an |
|
|
electronic document: |
|
|
(a) for each document up to 10 pages |
|
|
in length . . . . . . $1; |
|
|
(b) for each page or part of a page of |
|
|
a document over 10 pages . . . . . . $0.10; |
|
|
(C) Noncertified Papers (Sec. 118.0605): |
|
|
(i) printed on paper, for each page or part |
|
|
of a page . . . $ 1.00; |
|
|
(ii) that is a paper converted to |
|
|
electronic format, for each page or part of a page . . . $ 1.00; |
|
|
(iii) that is an electronic copy of an |
|
|
electronic document: |
|
|
(a) [(i)] for each document up to 10 |
|
|
pages in length . . . $ 1.00; [and] |
|
|
(b) [(ii)] for each page or part of a |
|
|
page of a document over 10 pages . . . $ 0.10; |
|
|
(D) Letters Testamentary, Letter of |
|
|
Guardianship, Letter of Administration, or Abstract of Judgment |
|
|
(Sec. 118.061) . . . $ 2.00; |
|
|
(E) Deposit and Safekeeping of Wills (Sec. |
|
|
118.062) . . . $ 5.00; |
|
|
(F) Mail Service of Process (Sec. 118.063) . . . |
|
|
same as sheriff; |
|
|
(G) Searching files or records to locate a cause |
|
|
when the docket number is not provided . . . $ 5.00; |
|
|
(H) Records Technology and Infrastructure Fee if |
|
|
authorized by the commissioners court of the county (Sec. 118.026) |
|
|
. . . $ 2.00; |
|
|
(I) Preparation of the clerk's record for appeal, |
|
|
per page or part of a page . . . $1.00. |
|
|
SECTION 16. Section 118.131(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The commissioners court of a county may set reasonable |
|
|
fees to be charged for service of process, including service of |
|
|
writs, [services] by the offices of the sheriff and constables. |
|
|
SECTION 17. Sections 133.151(a) and (a-1), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(a) The clerk of a district court, statutory county court, |
|
|
statutory probate court, or county court shall collect: |
|
|
(1) a fee in the amount of $137 on the filing of any |
|
|
civil, probate, guardianship, or mental health case; and |
|
|
(2) a fee in the amount of $45 on any action other than |
|
|
an original action subject to Subdivision (1), including [an appeal |
|
|
and] any counterclaim, cross-action, intervention, contempt |
|
|
action, adverse probate action, interpleader, motion for new trial, |
|
|
motion to reinstate, or third-party action. |
|
|
(a-1) The clerk of a justice court shall collect a fee in the |
|
|
amount of $21 on the filing of any civil case and on any action other |
|
|
than an original action for the civil case, including an appeal and |
|
|
any counterclaim, cross-action, intervention, contempt action, |
|
|
interpleader, motion for new trial, motion to reinstate, or |
|
|
third-party action. |
|
|
SECTION 18. Section 134.101(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The treasurer shall allocate the court costs received |
|
|
under this section to the following accounts and funds so that each |
|
|
receives to the extent practicable, utilizing historical data as |
|
|
applicable, the same amount of money the account or fund would have |
|
|
received if the court costs for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) the clerk of the court account38.0953 percent; |
|
|
(2) the clerks [county] records management and |
|
|
preservation fund23.8095 percent; |
|
|
(3) the county jury fund0.9524 percent; |
|
|
(4) the courthouse security fund9.5238 percent; |
|
|
(5) the county and district court technology |
|
|
fund3.8095 percent; and |
|
|
(6) the county specialty court account23.8095 |
|
|
percent. |
|
|
SECTION 19. Section 134.102(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The treasurer shall allocate the court costs received |
|
|
under this section to the following accounts and funds so that each |
|
|
receives to the extent practicable, utilizing historical data as |
|
|
applicable, the same amount of money the account or fund would have |
|
|
received if the court costs for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) the clerk of the court account32.5203 percent; |
|
|
(2) the clerks [county] records management and |
|
|
preservation fund20.3252 percent; |
|
|
(3) the account for prosecutor's |
|
|
fees16.2602 percent; |
|
|
(4) the county jury fund0.8130 percent; |
|
|
(5) the courthouse security fund8.1301 percent; |
|
|
(6) the county and district court technology |
|
|
fund3.2520 percent; |
|
|
(7) the court reporter service fund2.4390percent; and |
|
|
(8) the county specialty court account16.2602 |
|
|
percent. |
|
|
SECTION 20. Section 134.155, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 134.155. CLERKS [COUNTY] RECORDS MANAGEMENT AND |
|
|
PRESERVATION FUND. Money allocated under Section 134.101 or |
|
|
134.102 to the clerks [county] records management and preservation |
|
|
fund maintained in the county treasury as required by Section |
|
|
134.151 may be used by a clerk [county] only to fund records |
|
|
management and preservation services performed by the [court] clerk |
|
|
who collects the fee. |
|
|
SECTION 21. Section 135.101, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 135.101. LOCAL CONSOLIDATED CIVIL FEE FOR CERTAIN |
|
|
CIVIL CASES IN DISTRICT COURT, STATUTORY COUNTY COURT, OR COUNTY |
|
|
COURT. (a) A person shall pay in a district court, statutory |
|
|
county court, or county court in addition to all other fees and |
|
|
court costs a local consolidated filing fee of: |
|
|
(1) $213 on filing any civil case except a probate, |
|
|
guardianship, or mental health case; and |
|
|
(2) $35 on any action other than an original action for |
|
|
a case subject to Subdivision (1), including an appeal and any |
|
|
counterclaim, cross-action, intervention, contempt action, |
|
|
interpleader, motion for new trial, motion to reinstate, or |
|
|
third-party action. |
|
|
(b) The county treasurer shall allocate the fees received |
|
|
under Subsection (a)(1) to the following accounts and funds so that |
|
|
each receives to the extent practicable, utilizing historical data |
|
|
as applicable, the same amount of money the account or fund would |
|
|
have received if the fees for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) the appellate judicial system |
|
|
fund2.3474 percent; |
|
|
(2) the court facility fee fund9.3897 percent; |
|
|
(3) the clerk of the court account23.4742 percent; |
|
|
(4) the clerks [county] records management and |
|
|
preservation account14.0845 percent; |
|
|
(5) the court reporter service |
|
|
fund11.7371 percent; |
|
|
(6) the county law library fund16.4319 percent; |
|
|
(7) the courthouse security fund9.3897 percent; |
|
|
(8) the language access fund1.4085 percent; |
|
|
(9) the county jury fund4.6948 percent; and |
|
|
(10) the county dispute resolution fund7.0423 |
|
|
percent. |
|
|
(c) The county treasurer shall allocate the fees received |
|
|
under Subsection (a)(2) to the following accounts and funds so that |
|
|
each receives to the extent practicable, utilizing historical data |
|
|
as applicable, the same amount of money the account or fund would |
|
|
have received if the fees for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) the clerk of the court |
|
|
account42.8571 percent; and |
|
|
(2) the clerks [county] records management and |
|
|
preservation account57.1429 percent. |
|
|
SECTION 22. Sections 135.102(b) and (c), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(b) The county treasurer shall allocate the fees received |
|
|
under Subsection (a)(1) to the following accounts and funds so that |
|
|
each receives to the extent practicable, utilizing historical data |
|
|
as applicable, the same amount of money the account or fund would |
|
|
have received if the fees for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) the appellate judicial system |
|
|
fund2.2422 percent; |
|
|
(2) the court facility fee fund8.9686 percent; |
|
|
(3) the clerk of the court account17.9372 percent; |
|
|
(4) the clerks [county] records management and |
|
|
preservation account6.7265 percent; |
|
|
(5) the court reporter service |
|
|
fund11.2108 percent; |
|
|
(6) the county law library fund15.6951 percent; |
|
|
(7) the courthouse security fund8.9686 percent; |
|
|
(8) the language access fund1.3453 percent; |
|
|
(9) the county jury fund4.4841 percent; |
|
|
(10) the county dispute resolution fund6.7265 |
|
|
percent; |
|
|
(11) the court-initiated guardianship fund8.9686 |
|
|
percent; |
|
|
(12) the judicial education and support fund2.2422 |
|
|
percent; and |
|
|
(13) the public probate administrator fund4.4843 |
|
|
percent. |
|
|
(c) The county treasurer shall allocate the fees received |
|
|
under Subsection (a)(2) to the following accounts and funds so that |
|
|
each receives to the extent practicable, utilizing historical data |
|
|
as applicable, the same amount of money the account or fund would |
|
|
have received if the fees for the accounts and funds had been |
|
|
collected and reported separately, except that the account or fund |
|
|
may not receive less than the following percentages: |
|
|
(1) the clerk of the court account53.3333 percent; |
|
|
(2) the clerks [county] records management and |
|
|
preservation account6.6667 percent; |
|
|
(3) the court-initiated guardianship fund26.6667 |
|
|
percent; and |
|
|
(4) the public probate administrator fund13.3333 |
|
|
percent. |
|
|
SECTION 23. Section 135.103(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) In addition to all other fees and court costs, a person |
|
|
shall pay a local consolidated filing fee of $33 on filing of any |
|
|
civil case in a justice court and on any action other than an |
|
|
original action for a civil case, including an appeal and any |
|
|
counterclaim, cross-action, intervention, contempt action, |
|
|
interpleader, motion for new trial, motion to reinstate, or |
|
|
third-party action. |
|
|
SECTION 24. Section 135.154, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 135.154. CLERKS [COUNTY] RECORDS MANAGEMENT AND |
|
|
PRESERVATION ACCOUNT. Money allocated under Section 135.101 or |
|
|
135.102 to the clerks [county] records management and preservation |
|
|
account maintained in the county treasury as required by Section |
|
|
135.151 may be used by a clerk [county] only to fund records |
|
|
management and preservation services, including automation, |
|
|
performed by the [court] clerk who collects the fee on approval by |
|
|
the commissioners court of a budget as provided by Chapter 111. An |
|
|
expenditure from the fund must comply with Subchapter C, Chapter |
|
|
262. |
|
|
SECTION 25. (a) Effective September 1, 2023, Section |
|
|
33.103(c), Estates Code, is repealed. |
|
|
(b) Effective January 1, 2024, Section 291.008, Local |
|
|
Government Code, is repealed. |
|
|
SECTION 26. As soon as practicable after January 1, 2024, |
|
|
the Office of Court Administration of the Texas Judicial System |
|
|
shall develop and make available all forms and materials required |
|
|
by Section 72.037, Government Code, as amended by this Act. |
|
|
SECTION 27. (a) Except as provided by Subsection (b) of this |
|
|
section or as otherwise provided by this Act, this Act takes effect |
|
|
January 1, 2024. |
|
|
(b) The following provisions take effect September 1, 2023: |
|
|
(1) Sections 33.101, 33.102(a), 33.103(b), 1023.006, |
|
|
and 1023.007, Estates Code, as amended by this Act; |
|
|
(2) Section 33.105, Estates Code, as added by this |
|
|
Act; |
|
|
(3) Sections 155.207(a), (b), and (e), Family Code, as |
|
|
amended by this Act; and |
|
|
(4) Sections 51.3071 and 51.403, Government Code, as |
|
|
amended by this Act. |