87R4616 TSS-F
 
  By: Creighton S.B. No. 2027
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for transferring certain cases and
  proceedings between courts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 155.207, Family Code, is amended to read
  as follows:
         Sec. 155.207.  TRANSFER OF COURT FILES. (a)  Not later than
  the 10th working day after the date an order of transfer is signed,
  the clerk of the court transferring a proceeding shall send, using
  the electronic filing system established under Section 72.031,
  Government Code, to the proper court in the county to which transfer
  is being made:
               (1)  a transfer certificate and index of transferred
  documents [the pleadings in the pending proceeding and any other
  document specifically requested by a party];
               (2)  [certified copies of all entries in the minutes;
               [(3)  a certified copy of each final order; and
               [(4)]  a [certified] copy of the order of transfer
  signed by the transferring court; and
               (3)  a copy of all documents required to be transferred
  under rules adopted by the Office of Court Administration of the
  Texas Judicial System under Section 72.037, Government Code.
         (a-1)  The clerk of the transferring court shall use the
  standardized transfer certificate and index of transferred
  documents form created by the Office of Court Administration of the
  Texas Judicial System under Section 72.037, Government Code, when
  transferring a proceeding under this section.
         (b)  The clerk of the transferring court shall keep a copy of
  [the] transferred pleadings [and other requested documents.  If the
  transferring court retains jurisdiction of another child who was
  the subject of the suit, the clerk shall send a copy of the
  pleadings and other requested documents to the court to which the
  transfer is made and shall keep the original pleadings and other
  requested documents].
         (c)  The [On receipt of the pleadings, documents, and orders
  from the transferring court, the] clerk of the transferee court
  shall:
               (1)  accept documents transferred under Subsection
  (a);
               (2)  docket the suit; and
               (3)  [shall] notify, using the electronic filing system
  established under Section 72.031, Government Code [the judge of the
  transferee court], all parties, the clerk of the transferring
  court, and, if appropriate, the transferring court's local registry
  that the suit has been docketed.
         (c-1)  The clerk of the transferee court shall physically or
  electronically mark or stamp the transfer certificate and index of
  transferred documents to evidence the date and time of acceptance
  under Subsection (c), but may not physically or electronically mark
  or stamp any other document transferred under Subsection (a).
         (d)  The clerk of the transferring court shall send a
  certified copy of the order directing payments to the transferee
  court:
               (1)  [,] to any party [or employer] affected by the
  [that] order, and, if appropriate, to the local registry of the
  transferee court using the electronic filing system established
  under Section 72.031, Government Code; and
               (2)  to an employer affected by the order
  electronically or by first class mail.
         (e)  The clerks of both the transferee and transferring
  courts may each produce under Chapter 51, Government Code,
  certified or uncertified copies of documents filed in a case
  transferred under this section, but shall also include a copy of the
  transfer certificate and index of transferred documents with each
  document produced.
         (f)  Sections 80.001 and 80.002, Government Code, do not
  apply to the transfer of documents under this section.
         SECTION 2.  Section 51.3071, Government Code, is amended to
  read as follows:
         Sec. 51.3071.  TRANSFER OF CASES.  (a) If a case is
  transferred from a district court to a county court, the clerk of
  the district court shall [may] send to the county clerk using the
  electronic filing system established under Section 72.031 [in
  electronic or paper form]:
               (1)  a transfer certificate and index of transferred
  documents [certified transcript of the proceedings held in the
  district court];
               (2)  a copy of the order of transfer signed by the
  transferring court [the original papers filed in the district
  court]; and
               (3)  a copy of all documents required to be transferred
  under rules adopted by the Office of Court Administration of the
  Texas Judicial System under Section 72.037 [a bill of the costs that
  have accrued in the district court].
         (b)  The clerk of the transferring court shall use the
  standardized transfer certificate and index of transferred
  documents form created by the Office of Court Administration of the
  Texas Judicial System under Section 72.037 when transferring a case
  under this section.
         (c)  The clerk of the transferee court shall accept documents
  transferred under Subsection (a) and docket the case.
         (d)  The clerk of the transferee court shall physically or
  electronically mark or stamp the transfer certificate and index of
  transferred documents to evidence the date and time of acceptance
  under Subsection (c), but may not physically or electronically mark
  or stamp any other document transferred under Subsection (a).
         (e)  Sections 80.001 and 80.002 do not apply to the transfer
  of documents under this section.
         SECTION 3.  Section 51.403, Government Code, is amended to
  read as follows:
         Sec. 51.403.  TRANSFER OF CASES. (a)  If a case is
  transferred from a county court to a district court, the clerk of
  the county court shall send to the district clerk using the
  electronic filing system established under Section 72.031 [in
  electronic or paper form]:
               (1)  a transfer certificate and index of transferred
  documents [certified transcript of the proceedings held in the
  county court];
               (2)  a copy of the order of transfer signed by the
  transferring court [the original papers filed in the county court];
  and
               (3)  a copy of all documents required to be transferred
  under rules adopted by the Office of Court Administration of the
  Texas Judicial System under Section 72.037 [a bill of the costs that
  have accrued in the county court].
         (a-1)  The clerk of the transferring court shall use the
  standardized transfer certificate and index of transferred
  documents form created by the Office of Court Administration of the
  Texas Judicial System under Section 72.037 when transferring a case
  under this section.
         (a-2)  The clerk of the transferee court shall accept
  documents transferred under Subsection (a) and docket the case.
         (a-3)  The clerk of the transferee court shall physically or
  electronically mark or stamp the transfer certificate and index of
  transferred documents to evidence the date and time of acceptance
  under Subsection (a-2), but may not physically or electronically
  mark or stamp any other document transferred under Subsection (a).
         (b)  If civil or criminal jurisdiction of a county court is
  transferred to a district court, the clerk of the county court shall
  send using the electronic filing system established under Section
  72.031 a certified copy of the judgments rendered in the county
  court that remain unsatisfied [, in electronic or paper form,] to
  the district clerks of the appropriate counties.
         (c)  Sections 80.001 and 80.002 do not apply to the transfer
  of documents under this section.
         SECTION 4.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.037 to read as follows:
         Sec. 72.037.  PROCEDURE FOR TRANSFER OF CASES AND
  PROCEEDINGS. (a)  The office shall adopt rules prescribing the
  documents to be transferred between courts when a transfer of a case
  or proceeding is ordered under Section 155.207, Family Code, or
  Section 51.3071 or 51.403 of this code.
         (b)  Rules adopted under this section must require the
  transfer of the following documents relating to a transferred case
  or proceeding:
               (1)  a copy of the original papers filed in the
  transferring court;
               (2)  a copy of each final order;
               (3)  a copy of the transfer certificate and index of
  transferred documents from each previous transfer; and
               (4)  a bill of any costs that have accrued in the
  transferring court.
         (c)  The office shall develop and make available a
  standardized transfer certificate and index of transferred
  documents form to be used for the transfer of cases and proceedings
  under Section 155.207, Family Code, and Sections 51.3071 and 51.403
  of this code.
         (d)  In adopting rules and developing forms under this
  section, the office shall consult with representatives of county
  and district clerks.
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the Office of Court Administration of the Texas
  Judicial System shall adopt rules and develop and make available
  all forms and materials required by Section 72.037, Government
  Code, as added by this Act.
         SECTION 6.  This Act takes effect September 1, 2021.