79R7208 KLA-D
By: Casteel H.B. No. 3013
A BILL TO BE ENTITLED
AN ACT
relating to the methods and fees for filing court documents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Civil Practice and Remedies Code, is
amended by adding Chapter 2 to read as follows:
CHAPTER 2. ELECTRONIC FILING OF COURT DOCUMENTS
AND PLEADINGS
Sec. 2.001. DEFINITION. In this chapter, "TexasOnline"
means the electronic infrastructure established by the TexasOnline
Authority under Section 2054.252, Government Code.
Sec. 2.002. ELECTRONIC FILING OF COURT DOCUMENTS AND
PLEADINGS. (a) A person who files a suit, motion, appeal,
cross-action, counterclaim, intervention, contempt action,
third-party petition, or any other document or pleading in a court
of this state may file that document or pleading by transmitting the
document or pleading through an electronic filing service provider
to the TexasOnline website, which will transmit the document or
pleading electronically to the clerk of the court indicated by the
filer.
(b) A filer who files a document or pleading using an
electronic filing service provider and TexasOnline shall pay any
filing fees required by law to the clerk of the appropriate court
indirectly through TexasOnline by a method provided by TexasOnline.
Sec. 2.003. ADDITIONAL FILING FEE FOR COURT DOCUMENTS AND
PLEADINGS NOT FILED THROUGH TEXASONLINE. (a) A person who files a
suit, motion, appeal, cross-action, counterclaim, intervention,
contempt action, third-party petition, or any other document or
pleading in a court of this state through any method other than
through an electronic filing service provider and TexasOnline as
authorized by Section 2.002 shall pay a filing fee of $2 in addition
to any other fees required by law for filing the document or
pleading.
(b) The clerk of the court in which a document or pleading is
filed as described by Subsection (a) shall collect the fee in the
same manner as other fees, fines, or costs are collected in the
case. The court clerk shall pay the fee to the county treasurer or
to another official who discharges the duties commonly delegated to
the county treasurer. The county treasurer or other official shall
collect, record, and remit to the comptroller the fee in the manner
provided by Subchapter B, Chapter 133, Local Government Code.
(c) The comptroller shall deposit fees received under this
section to the credit of the electronic filing technology fund
established under Section 2.004.
(d) This section expires January 1, 2011.
Sec. 2.004. ELECTRONIC FILING TECHNOLOGY FUND. (a) The
electronic filing technology fund is an account in the general
revenue fund. Money in the electronic filing technology fund may
only be appropriated to the Department of Information Resources for
use by the TexasOnline Authority to fully develop the capability of
TexasOnline to support filings of court documents and pleadings.
(b) The electronic filing technology fund is exempt from the
application of Section 403.095, Government Code.
(c) On January 1, 2011, the electronic filing technology
fund is abolished and this section expires. On that date, the
comptroller shall transfer all money remaining in the electronic
filing technology fund to the operating account of the Department
of Information Resources to be used only for the purpose of further
improving the capacity of TexasOnline to support filings of court
documents and pleadings.
Sec. 2.005. RULES. (a) The supreme court shall adopt rules
to implement and supplement this chapter, including rules
regarding:
(1) procedures by which a person who files a document
or pleading with a court in the manner provided by Section 2.002 may
obtain an electronic identifier that must be accepted as the
person's electronic signature on the document or pleading; and
(2) the time at which a document or pleading filed with
a court in the manner provided by Section 2.002 is considered to be
filed.
(b) Notwithstanding Section 22.003, Government Code, the
supreme court may not amend or adopt rules in conflict with this
chapter.
Sec. 2.006. CONFLICT WITH OTHER LAW. To the extent that
this chapter conflicts with the Texas Rules of Civil Procedure or
other rules, this chapter controls.
SECTION 2. Subchapter B, Chapter 101, Government Code, is
amended by adding Section 101.022 to read as follows:
Sec. 101.022. SUPREME COURT FEES: ADDITIONAL FILING FEE
FOR CERTAIN FILINGS. The clerk of the supreme court shall collect
on the filing of a suit, motion, appeal, cross-action,
counterclaim, intervention, contempt action, third-party petition,
or any other document or pleading an additional filing fee of $2
under Section 2.003, Civil Practice and Remedies Code, to fund the
electronic filing technology fund. This section expires January 1,
2011.
SECTION 3. Subchapter C, Chapter 101, Government Code, is
amended by adding Section 101.042 to read as follows:
Sec. 101.042. COURT OF APPEALS FEES: ADDITIONAL FILING FEE
FOR CERTAIN FILINGS. The clerk of a court of appeals shall collect
on the filing of a suit, motion, appeal, cross-action,
counterclaim, intervention, contempt action, third-party petition,
or any other document or pleading an additional filing fee of $2
under Section 2.003, Civil Practice and Remedies Code, to fund the
electronic filing technology fund. This section expires January 1,
2011.
SECTION 4. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.062 to read as follows:
Sec. 101.062. DISTRICT COURT FEES: ADDITIONAL FILING FEE
FOR CERTAIN FILINGS. The clerk of a district court shall collect on
the filing of a suit, motion, appeal, cross-action, counterclaim,
intervention, contempt action, third-party petition, or any other
document or pleading an additional filing fee of $2 under Section
2.003, Civil Practice and Remedies Code, to fund the electronic
filing technology fund. This section expires January 1, 2011.
SECTION 5. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.083 to read as follows:
Sec. 101.083. STATUTORY COUNTY COURT FEES: ADDITIONAL
FILING FEE FOR CERTAIN FILINGS. The clerk of a statutory county
court shall collect on the filing of a suit, motion, appeal,
cross-action, counterclaim, intervention, contempt action,
third-party petition, or any other document or pleading an
additional filing fee of $2 under Section 2.003, Civil Practice and
Remedies Code, to fund the electronic filing technology fund. This
section expires January 1, 2011.
SECTION 6. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.103 to read as follows:
Sec. 101.103. STATUTORY PROBATE COURT FEES: ADDITIONAL
FILING FEE FOR CERTAIN FILINGS. The clerk of a statutory probate
court shall collect on the filing of a suit, motion, appeal,
cross-action, counterclaim, intervention, contempt action,
third-party petition, or any other document or pleading an
additional filing fee of $2 under Section 2.003, Civil Practice and
Remedies Code, to fund the electronic filing technology fund. This
section expires January 1, 2011.
SECTION 7. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.123 to read as follows:
Sec. 101.123. COUNTY COURT FEES: ADDITIONAL FILING FEE FOR
CERTAIN FILINGS. The clerk of a county court shall collect on the
filing of a suit, motion, appeal, cross-action, counterclaim,
intervention, contempt action, third-party petition, or any other
document or pleading an additional filing fee of $2 under Section
2.003, Civil Practice and Remedies Code, to fund the electronic
filing technology fund. This section expires January 1, 2011.
SECTION 8. Subchapter H, Chapter 101, Government Code, is
amended by adding Section 101.142 to read as follows:
Sec. 101.142. JUSTICE COURT AND SMALL CLAIMS COURT FEES:
ADDITIONAL FILING FEE FOR CERTAIN FILINGS. The clerk of a justice
court or a justice of the peace, as applicable, shall collect on the
filing of a suit, motion, appeal, cross-action, counterclaim,
intervention, contempt action, third-party petition, or any other
document or pleading an additional filing fee of $2 under Section
2.003, Civil Practice and Remedies Code, to fund the electronic
filing technology fund. This section expires January 1, 2011.
SECTION 9. Subchapter I, Chapter 101, Government Code, is
amended by adding Section 101.162 to read as follows:
Sec. 101.162. MUNICIPAL COURT FEES: ADDITIONAL FILING FEE
FOR CERTAIN FILINGS. The clerk of a municipal court shall collect
on the filing of a suit, motion, appeal, cross-action,
counterclaim, intervention, contempt action, third-party petition,
or any other document or pleading an additional filing fee of $2
under Section 2.003, Civil Practice and Remedies Code, to fund the
electronic filing technology fund. This section expires January 1,
2011.
SECTION 10. Subchapter J, Chapter 101, Government Code, is
amended by adding Section 101.182 to read as follows:
Sec. 101.182. MUNICIPAL COURT OF RECORD FEES: ADDITIONAL
FILING FEE FOR CERTAIN FILINGS. The clerk of a municipal court of
record shall collect on the filing of a suit, motion, appeal,
cross-action, counterclaim, intervention, contempt action,
third-party petition, or any other document or pleading an
additional filing fee of $2 under Section 2.003, Civil Practice and
Remedies Code, to fund the electronic filing technology fund. This
section expires January 1, 2011.
SECTION 11. Section 133.058(d), Local Government Code, is
amended to read as follows:
(d) A county may not retain a service fee on the collection
of a fee:
(1) for the judicial fund; [or]
(2) under Sections 14 and 19, Article 42.12, Code of
Criminal Procedure; or
(3) under Section 2.003, Civil Practice and Remedies
Code.
SECTION 12. Chapter 2, Civil Practice and Remedies Code, as
added by this Act, applies only to a document or pleading filed with
a court on or after January 1, 2006. A document or pleading filed
with a court before January 1, 2006, is governed by the law in
effect on the date the document or pleading was filed, and the
former law is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2005.