Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 2302

House Author:  Hunter et al.

Effective:  9-1-13

Senate Sponsor:  West


            House Bill 2302 amends the Government Code to authorize a judge or justice presiding over a Texas court to sign an electronic or digital court document electronically, digitally, or through another secure method and to establish that such a document is the official document issued by the court. The bill also establishes the statewide electronic filing system fund as an account in the general revenue fund, to be appropriated to the office of court administration for certain court technology projects. The bill implements specified electronic filing fees for certain civil cases filed in the supreme court, a court of appeals, district courts, county courts, statutory county courts, statutory probate courts, and justice courts as well as a specified court cost on conviction in criminal cases in district courts, county courts, or statutory county courts, with such fees and costs being credited to the statewide electronic filing system fund. The bill also authorizes the office of court administration to implement an electronic filing system, as established by supreme court rule or order, for use in Texas courts and authorizes a local government or appellate court that uses the system to charge a fee under certain conditions for each electronic filing transaction. The bill establishes that this fee expires September 1, 2019, and requires the office of court administration, not later than December 1, 2018, to file a report with the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the standing committees of each house of the legislature with jurisdiction over the judiciary detailing the number of local governments and appellate courts collecting this fee and the necessity for continued collection of the fee.

            House Bill 2302 amends the Family Code to prohibit the office of the attorney general from being charged a statewide electronic filing system fund fee in child support cases and amends the Local Government Code to prohibit a county from retaining a service fee for collecting electronic filing system fund fees. The bill also amends the Family Code and the Tax Code to make conforming changes.