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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties, functions, and procedures of county |
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clerks, district clerks, and local registrars. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.305, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (i) to read as |
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follows: |
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(b) The commissioners court of a county may adopt a district |
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court records archive fee of not more than $5 for the filing of a |
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suit, including an appeal from an inferior court, or a |
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cross-action, counterclaim, intervention, contempt action, motion |
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for new trial, or third-party petition, in a district court, or |
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statutory county court that has concurrent jurisdiction with a |
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district court, in the county as part of the county's annual budget. |
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The fee must be set and itemized in the county's budget as part of |
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the budget preparation process and must be approved in a public |
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meeting. The fee is for preservation and restoration services |
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performed in connection with maintaining a district court records |
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archive. |
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(i) Notwithstanding any conflicting law, the fee prescribed |
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by Subsection (b) in relation to a statutory county court that has |
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concurrent jurisdiction with a district court is subject to |
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Subchapters B and C, Chapter 118, Local Government Code, in the same |
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manner as other similar fees under those subchapters. |
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SECTION 2. Section 51.605(c), Government Code, is amended |
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to read as follows: |
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(c) A clerk must annually complete 20 hours of continuing |
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education courses including, during each term of office and within |
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the first 12 months of taking office, at least one hour of |
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continuing education courses regarding registry funds handled |
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under Chapter 117, Local Government Code, in the performance of the |
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duties of office. The 20 hours of required continuing education |
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courses must include, during each term of office and within the |
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first 12 months of taking office, at least one hour of continuing |
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education regarding fraudulent court documents and fraudulent |
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document filings. |
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SECTION 3. Section 62.106(a), Government Code, is amended |
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to read as follows: |
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(a) A person qualified to serve as a petit juror may |
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establish an exemption from jury service if the person: |
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(1) is over 70 years of age; |
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(2) has legal custody of a child younger than 12 [15] |
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years of age and the person's service on the jury requires leaving |
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the child without adequate supervision; |
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(3) is a student of a public or private secondary |
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school; |
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(4) is a person enrolled and in actual attendance at an |
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institution of higher education; |
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(5) is an officer or an employee of the senate, the |
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house of representatives, or any department, commission, board, |
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office, or other agency in the legislative branch of state |
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government; |
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(6) is summoned for service in a county with a |
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population of at least 200,000, unless that county uses a jury plan |
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under Section 62.011 and the period authorized under Section |
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62.011(b)(5) exceeds two years, and the person has served as a petit |
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juror in the county during the 24-month period preceding the date |
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the person is to appear for jury service; |
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(7) is the primary caretaker of a person who is an |
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invalid unable to care for himself; |
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(8) except as provided by Subsection (b), is summoned |
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for service in a county with a population of at least 250,000 and |
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the person has served as a petit juror in the county during the |
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three-year period preceding the date the person is to appear for |
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jury service; or |
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(9) is a member of the United States military forces |
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serving on active duty and deployed to a location away from the |
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person's home station and out of the person's county of residence. |
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SECTION 4. Section 191.0045, Health and Safety Code, is |
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amended by amending Subsection (h) and adding Subsection (i) to |
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read as follows: |
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(h) In addition to other fees collected under this section, |
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a local registrar or county clerk may collect a fee not to exceed $1 |
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for: |
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(1) the preservation of vital statistics records |
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maintained by the registrar or county clerk, including birth, |
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death, fetal death, marriage, divorce, and annulment records; |
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(2) vital statistics training; or |
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(3) any other needs of the local registrar or county |
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clerk to ensure the safety and security of vital statistics |
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records. |
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(i) A fee under Subsection (h) [this section] shall be |
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collected by the registrar or county clerk on the issuance of a |
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vital statistics record, including a record issued through a Remote |
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Birth Access site. |
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SECTION 5. Section 132.002(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county may authorize a |
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county or precinct officer who collects fees, fines, court costs, |
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or other charges on behalf of the county or the state to accept |
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payment by credit card or by the electronic processing of checks of |
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a fee, fine, court costs, or other charge. The commissioners court |
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may also authorize a county or precinct officer to collect and |
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retain a fee for processing the payment by credit card or by the |
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electronic processing of checks. |
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SECTION 6. Section 151.001(d), Local Government Code, is |
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amended to read as follows: |
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(d) The application must be accompanied by a statement of |
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the probable receipts from fees, commissions, and compensation to |
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be collected by the office during the budget process [fiscal year] |
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and the probable disbursements, including salaries and expenses, of |
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the office. |
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SECTION 7. Section 191.030, Health and Safety Code, is |
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repealed. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |