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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic filing system used for the filing of |
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documents in courts of this state; authorizing the imposition of a |
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fee for use of that system in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 72.031, Government Code, is amended by |
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amending Subsection (d) and adding Subsections (d-1), (d-2), and |
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(g) to read as follows: |
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(d) A local government or [appellate] court that uses the |
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electronic filing system may accept electronic payment methods, |
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including payments made with credit and debit cards. |
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(d-1) Cameron, Hidalgo, and Webb Counties may each charge a |
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fee of not more than $2 for each electronic filing transaction filed |
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in a court in the county through an electronic filing system if: |
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(1) the fee is necessary to reimburse the county for |
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the system operating costs reasonably incurred by the county to: |
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(A) accept electronic payment methods; |
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(B) communicate with other technology |
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information systems; or |
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(C) improve and maintain cybersecurity systems |
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or equipment; |
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(2) the fee does not include an amount to reimburse |
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county employee costs, other than the direct costs incurred in |
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maintaining the system; |
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(3) the commissioners court of the county approves the |
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imposition of the fee using the county's standard fee approval |
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process; and |
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(4) the county and district clerks in the county |
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annually certify to the commissioners court of the county that the |
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fee is necessary to reimburse the county for the costs specified in |
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Subdivision (1). |
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(d-2) The clerk of a court in a county authorized to charge a |
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fee under Subsection (d-1) shall collect the fee in the manner |
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provided for other court costs and shall deliver the fee to the |
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county treasurer, or the person who performs the duties of the |
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county treasurer, of the county in which the court sits. The county |
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treasurer, or the person who performs the duties of the county |
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treasurer, shall deposit the fees received into the fund or account |
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from which the county spent the system operating costs described by |
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Subsection (d-1)(1). |
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(g) The comptroller may audit the records of a county |
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related to fees collected under this section. |
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SECTION 2. This Act takes effect September 1, 2021. |