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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 3637

House Author:  Hughes

Effective:  9-1-09

Senate Sponsor:  Wentworth


            House Bill 3637 amends provisions of the Code of Criminal Procedure and Government Code to create the county and district court technology fund funded by a $4 county and district court technology fee required to be paid by a defendant on conviction in a county court, statutory county court, or district court. The bill provides for the collection of the fee for deposit in the technology fund and for the administration of the fund.  The bill authorizes a technology fund to be used only to finance the cost of continuing education and training for county court, statutory county court, or district court judges and clerks regarding technological enhancements for those courts and the cost of the purchase and maintenance of technological enhancements for those courts.

            House Bill 3637 amends the Local Government Code to clarify that the clerk of a district court is required to collect filing fees for certain civil actions and proceedings used in programs that provide basic civil legal services for indigents in addition to the consolidated civil fee collected on the filing of any civil suit. The bill increases from $5 to $10 the amount of the additional filing fee collected in a statutory or constitutional county court for certain civil actions and proceedings for use in programs that provide basic civil legal services for indigents, increases from $2 to $6 the amount of the additional filing fee collected in a justice of the peace court for certain civil actions and proceedings for use in such programs, and makes conforming changes to the Government Code. The bill decreases from 2.4 million to 1.3 million the minimum population of a county for which special provisions related to funds paid into the registry of any court applies. 

            House Bill 3637 amends the Government Code to authorize a county court or county court at law in which an appeal of an eviction suit is filed, on a written application of any party to the suit, to appoint certain qualified attorneys or counsels who are willing to provide pro bono legal services to help a party who was in possession of the residence at the time the eviction suit was filed in the justice court and who has perfected the appeal on an approved pauper's affidavit. The bill provides for the venue and for the termination of such appointed counsel, prohibits appointed counsel from receiving attorney's fees unless otherwise provided, and requires the court to provide for a method of service of written notice on the parties of the right to the appointment of counsel.

            House Bill 3637 requires the clerk of a county court, statutory county court, or district court to collect an additional filing fee of not more than $10 in each civil case filed in the court to be deposited in a county court record preservation account. Money in the account may be used only to digitize court records and protect the records from natural disasters.