S.B. No. 1612

AN ACT

relating to court administration and costs; increasing certain court costs; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.101, Estates Code, is amended to read as follows:

Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS PROPER. If probate proceedings involving the same estate are commenced in more than one county and the court making a determination of venue as provided by Section 33.053 determines that venue is proper in another county, the court clerk shall transmit the file for the proceeding in accordance with the procedures provided by Section 33.105 [make and retain a copy of the entire file in the case and transmit the original file in electronic or paper form] to the court in the county in which venue is proper. The court to which the file is transmitted shall conduct the proceeding in the same manner as if the proceeding had originally been commenced in that county.

SECTION 2. Section 33.102(a), Estates Code, is amended to read as follows:

(a) If it appears to the court at any time before the final order in a probate proceeding is rendered that the court does not have priority of venue over the proceeding, the court shall, on the application of an interested person, transfer the proceeding to the proper county by transmitting the file for the proceeding in accordance with the procedures provided by Section 33.105 to the proper court in that county [in electronic or paper form:

[(1) the original file in the case; and

[(2) certified copies of all entries that have been made in the judge's probate docket in the proceeding].

SECTION 3. Section 33.103(b), Estates Code, is amended to read as follows:

(b) The clerk of the court from which the probate proceeding described by Subsection (a) is transferred shall transmit the file for the proceeding in accordance with the procedures provided by Section 33.105 to the court to which the proceeding is transferred[:

[(1) the original file in the proceeding; and

[(2) a certified copy of the index].

SECTION 4. Subchapter C, Chapter 33, Estates Code, is amended by adding Section 33.105 to read as follows:

Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If a probate proceeding is transferred to a court in another county under this chapter, the clerk of the transferring court shall send to the clerk of the court to which the proceeding is transferred, using the electronic filing system established under Section 72.031, Government Code:

(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, including a copy of any will;

(5) a copy of the transfer certificate and index of transferred documents from each previous transfer; and

(6) a bill of any costs accrued in the transferring court.

(b) The clerk of the transferring court shall use the 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.

(c) The clerk of the transferring court shall keep a copy of the documents transferred under Subsection (a).

(d) The clerk of the court to which the proceeding is transferred shall:

(1) accept documents transferred under Subsection (a);

(2) docket the proceeding; and

(3) notify, using the electronic filing system established under Section 72.031, Government Code, all parties to the proceeding, the clerk of the transferring court, and, if appropriate, the transferring court's local registry that the proceeding has been docketed.

(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 or stamp any other document transferred under Subsection (a).

(f) 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) but must include a copy of the transfer certificate and index of transferred documents with each document produced.

(g) Sections 80.001 and 80.002, Government Code, do not apply to the transfer of documents under this section.

SECTION 5. Section 1023.006, Estates Code, is amended to read as follows:

Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the 10th working day after the date [When] an order of transfer is signed [made] under Section 1023.005, the clerk shall record any unrecorded papers of the guardianship required to be recorded. On payment of the clerk's fee, the clerk shall send, using the electronic filing system established under Section 72.031, Government Code, [transmit in electronic or paper form] to the county clerk of the county to which the guardianship was ordered transferred:

(1) a transfer certificate and index of transferred documents [the case file of the guardianship proceedings]; [and]

(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 accrued in the transferring court [a certified copy of the index of the guardianship records].

(b) The clerk of the transferring court shall use the 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.

(c) The clerk of the transferring court shall keep a copy of the documents transferred under Subsection (a).

(d) The clerk of the court to which the proceeding is transferred shall:

(1) accept documents transferred under Subsection (a);

(2) docket the suit; and

(3) notify, using the electronic filing system established under Section 72.031, Government Code, all parties, the clerk of the transferring court, and, if appropriate, the transferring court's local registry that the suit has been docketed.

(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 or stamp any other document transferred under Subsection (a).

(f) The clerk of the transferring court shall send a certified copy of the order directing payments to the transferee court to:

(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

(2) an employer affected by the order electronically or by first class mail.

(g) 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) 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.

SECTION 6. Section 1023.007, Estates Code, is amended to read as follows:

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[:

[(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

[(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].

SECTION 7. Section 51.072(l), Family Code, is amended to read as follows:

(l) The sending county is financially responsible for any special treatment program or placement that the juvenile court of the sending county requires as a condition of probation [if the child's family is financially unable to pay for the program or placement].

SECTION 8. Section 61.002, Family Code, is amended to read as follows:

Sec. 61.002. APPLICABILITY. This [(a) Except as provided by Subsection (b), this] chapter applies to a proceeding to enter a juvenile court order:

(1) [for payment of probation fees under Section 54.061;

[(2)] for restitution under Sections 54.041(b) and 54.048;

(2) [(3)] for community service under Section 54.044(b);

(3) [(4)] requiring the person to refrain from doing any act injurious to the welfare of the child under Section 54.041(a)(1);

(4) [(5)] enjoining contact between the person and the child who is the subject of a proceeding under Section 54.041(a)(2);

(5) [(6)] ordering a person living in the same household with the child to participate in counseling under Section 54.041(a)(3);

(6) [(7) requiring a parent or other eligible person to pay reasonable attorney's fees for representing the child under Section 51.10(e);

[(8) requiring the parent or other eligible person to reimburse the county for payments the county has made to an attorney appointed to represent the child under Section 51.10(j);

[(9) requiring payment of deferred prosecution supervision fees under Section 53.03(d);

[(10)] requiring a parent or other eligible person to attend a court hearing under Section 51.115;

(7) [(11)] requiring a parent or other eligible person to act or refrain from acting to aid the child in complying with conditions of release from detention under Section 54.01(r); or

(8) [(12)] requiring a parent or other eligible person to act or refrain from acting under any law imposing an obligation of action or omission on a parent or other eligible person because of the parent's or person's relation to the child who is the subject of a proceeding under this title[; or

[(13) for payment of the cost of attending an educational program under Section 54.0404].

[(b) This subchapter does not apply to the entry and enforcement of a child support order under Section 54.06.]

SECTION 9. 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

(6) [(7)] a motion for contempt.

(d) Fees collected under this section are to be remitted and allocated as provided by Chapters 133 and 135, Local Government Code, as applicable.

SECTION 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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;

(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 18. 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 19. 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 20. 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 fund 23.8095 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 21. 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 22. 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 23. 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 24. 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 25. 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 26. 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 27. (a) Effective September 1, 2023, the following laws are repealed:

(1) Article 26.057, Code of Criminal Procedure;

(2) Section 33.103(c), Estates Code;

(3) Sections 51.10(e), (k), and (l), Family Code;

(4) Section 53.03(d), Family Code;

(5) Section 54.0404(b), Family Code;

(6) Section 54.06, Family Code;

(7) Section 54.061, Family Code; and

(8) Section 56.01(l), Family Code.

(b) Effective January 1, 2024, Section 291.008, Local Government Code, is repealed.

SECTION 28. (a) Notwithstanding Section 51.607(c), Government Code, Sections 51.072(l) and 61.002, Family Code, as amended by this Act, and the repeal of Sections 51.10(e), (k), and (l), 53.03(d), 54.0404(b), and 56.01(l), Family Code, by this Act apply to the authority of a juvenile court to impose a fee or cost on or after September 1, 2023, regardless of whether the underlying action commenced before, on, or after September 1, 2023. The imposition of a fee or cost by a juvenile court before September 1, 2023, is governed by the law in effect on the date the fee or cost was imposed, and the former law is continued in effect for that purpose.

(b) 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.

(c) The repeal of Article 26.057, Code of Criminal Procedure, by this Act, applies to a case transferred to a criminal court under Section 54.02, Family Code, on or after September 1, 2023. A case transferred to a criminal court before September 1, 2023, is governed by the law in effect on the date the case was transferred, and the former law is continued in effect for that purpose.

(d) The repeal of Section 54.06, Family Code, by this Act applies only to an order for assignment of child support rendered on or after September 1, 2023. An order for assignment of child support rendered before September 1, 2023, is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.

SECTION 29. (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 51.072(l), 61.002, and 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.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1612 passed the Senate on April 12, 2023, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1612 passed the House on May 12, 2023, by the following vote: Yeas 124, Nays 16, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor