Bill Text: TX HB3403 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to court administration and costs; increasing certain court costs; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-17 - Reported favorably as substituted [HB3403 Detail]
Download: Texas-2023-HB3403-Introduced.html
88R10930 AMF-F | ||
By: Orr | H.B. No. 3403 |
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relating to court administration and costs; increasing certain | ||
court costs; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 33.101, Estates Code, is amended to read | ||
as follows: | ||
Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS | ||
PROPER. If probate proceedings involving the same estate are | ||
commenced in more than one county and the court making a | ||
determination of venue as provided by Section 33.053 determines | ||
that venue is proper in another county, the court clerk shall | ||
transmit the file for the proceeding in accordance with the | ||
procedures provided by Section 33.105 [ |
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The court to which the file is transmitted shall conduct the | ||
proceeding in the same manner as if the proceeding had originally | ||
been commenced in that county. | ||
SECTION 2. Section 33.102(a), Estates Code, is amended to | ||
read as follows: | ||
(a) If it appears to the court at any time before the final | ||
order in a probate proceeding is rendered that the court does not | ||
have priority of venue over the proceeding, the court shall, on the | ||
application of an interested person, transfer the proceeding to the | ||
proper county by transmitting the file for the proceeding in | ||
accordance with the procedures provided by Section 33.105 to the | ||
proper court in that county [ |
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SECTION 3. Section 33.103(b), Estates Code, is amended to | ||
read as follows: | ||
(b) The clerk of the court from which the probate proceeding | ||
described by Subsection (a) is transferred shall transmit the file | ||
for the proceeding in accordance with the procedures provided by | ||
Section 33.105 to the court to which the proceeding is | ||
transferred[ |
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SECTION 4. Subchapter C, Chapter 33, Estates Code, is | ||
amended by adding Section 33.105 to read as follows: | ||
Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If | ||
a probate proceeding is transferred to a court in another county | ||
under this chapter, the clerk of the transferring court shall send | ||
to the clerk of the court to which the proceeding is transferred, | ||
using the electronic filing system established under Section | ||
72.031, Government Code: | ||
(1) a transfer certificate and index of transferred | ||
documents; | ||
(2) a copy of each final order; | ||
(3) a copy of the order of transfer signed by the | ||
transferring court; | ||
(4) a copy of the original papers filed in the | ||
transferring court, including a copy of any will; | ||
(5) a copy of the transfer certificate and index of | ||
transferred documents from each previous transfer; and | ||
(6) a bill of any costs accrued in the transferring | ||
court. | ||
(b) The clerk of the transferring court shall use the | ||
standardized transfer certificate and index of transferred | ||
documents form developed by the Office of Court Administration of | ||
the Texas Judicial System under Section 72.037, Government Code, | ||
when transferring a proceeding under this section. | ||
(c) The clerk of the transferring court shall keep a copy of | ||
the documents transferred under Subsection (a). | ||
(d) The clerk of the court to which the proceeding is | ||
transferred shall: | ||
(1) accept documents transferred under Subsection | ||
(a); | ||
(2) docket the proceeding; and | ||
(3) notify, using the electronic filing system | ||
established under Section 72.031, Government Code, all parties to | ||
the proceeding, the clerk of the transferring court, and, if | ||
appropriate, the transferring court's local registry that the | ||
proceeding has been docketed. | ||
(e) 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 (d) but may not physically or electronically mark | ||
or stamp any other document transferred under Subsection (a). | ||
(f) The clerks of both the transferee and transferring | ||
courts may each produce under Chapter 51, Government Code, | ||
certified or uncertified copies of documents transferred under | ||
Subsection (a) but must include a copy of the transfer certificate | ||
and index of transferred documents with each document produced. | ||
(g) Sections 80.001 and 80.002, Government Code, do not | ||
apply to the transfer of documents under this section. | ||
SECTION 5. Section 1023.006, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the | ||
10th working day after the date [ |
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signed [ |
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unrecorded papers of the guardianship required to be recorded. On | ||
payment of the clerk's fee, the clerk shall send, using the | ||
electronic filing system established under Section 72.031, | ||
Government Code, [ |
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county clerk of the county to which the guardianship was ordered | ||
transferred: | ||
(1) a transfer certificate and index of transferred | ||
documents [ |
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(2) a copy of each final order; | ||
(3) a copy of the order of transfer signed by the | ||
transferring court; | ||
(4) a copy of the original papers filed in the | ||
transferring court; | ||
(5) a copy of the transfer certificate and index of | ||
transferred documents from each previous transfer; and | ||
(6) a bill of any costs accrued in the transferring | ||
court [ |
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(b) The clerk of the transferring court shall use the | ||
standardized transfer certificate and index of transferred | ||
documents form developed by the Office of Court Administration of | ||
the Texas Judicial System under Section 72.037, Government Code, | ||
when transferring a proceeding under this section. | ||
(c) The clerk of the transferring court shall keep a copy of | ||
the documents transferred under Subsection (a). | ||
(d) The clerk of the court to which the proceeding is | ||
transferred shall: | ||
(1) accept documents transferred under Subsection | ||
(a); | ||
(2) docket the suit; and | ||
(3) notify, using the electronic filing system | ||
established under Section 72.031, Government Code, all parties, the | ||
clerk of the transferring court, and, if appropriate, the | ||
transferring court's local registry that the suit has been | ||
docketed. | ||
(e) 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 (d), but may not physically or electronically mark | ||
or stamp any other document transferred under Subsection (a). | ||
(f) The clerk of the transferring court shall send a | ||
certified copy of the order directing payments to the transferee | ||
court to: | ||
(1) any party affected by the 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) an employer affected by the order electronically | ||
or by first class mail. | ||
(g) The clerks of both the transferee and transferring | ||
courts may each produce under Chapter 51, Government Code, | ||
certified or uncertified copies of documents transferred under | ||
Subsection (a) but must include a copy of the transfer certificate | ||
and index of transferred documents with each document produced. | ||
(h) Sections 80.001 and 80.002, Government Code, do not | ||
apply to the transfer of documents under this section. | ||
SECTION 6. Section 1023.007, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring | ||
a guardianship does not take effect until the clerk of the court to | ||
which the proceeding is transferred accepts and dockets the case | ||
record under Section 1023.006[ |
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SECTION 7. Section 110.002, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) The clerk of the court may collect a filing fee of $80 | ||
[ |
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(1) a suit or motion for modification; | ||
(2) a motion for enforcement; | ||
(3) a notice of application for judicial writ of | ||
withholding; | ||
(4) [ |
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[ |
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(5) [ |
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suspension; or | ||
(6) [ |
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(d) Fees collected under this section are to be remitted and | ||
allocated as provided by Chapter 135, Local Government Code. | ||
SECTION 8. Section 110.005(a), Family Code, is amended to | ||
read as follows: | ||
(a) The fee for filing a transferred case is $80 [ |
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payable to the clerk of the court to which the case is transferred. | ||
Fees collected under this section are to be remitted and allocated | ||
as provided by Chapters 133 and 135, Local Government Code, as | ||
applicable [ |
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SECTION 9. Sections 155.207(a), (b), and (e), Family Code, | ||
are amended to read as follows: | ||
(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 [ |
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(1) a transfer certificate and index of transferred | ||
documents; | ||
(2) a copy of each final order; | ||
(3) a copy of the order of transfer signed by the | ||
transferring court; | ||
(4) a copy of the original papers filed in the | ||
transferring court; | ||
(5) a copy of the transfer certificate and index of | ||
transferred documents from each previous transfer; and | ||
(6) a bill of any costs that have accrued in the | ||
transferring court. | ||
(b) The clerk of the transferring court shall keep a copy of | ||
the documents transferred under Subsection (a) [ |
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(e) The clerks of both the transferee and transferring | ||
courts may each produce under Chapter 51, Government Code, | ||
certified or uncertified copies of documents transferred under | ||
Subsection (a) and must [ |
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and index of transferred documents with each document produced. | ||
SECTION 10. Section 51.3071, Government Code, is amended by | ||
amending Subsection (a) and adding Subsections (f) and (g) to read | ||
as follows: | ||
(a) If a case is transferred from a district court to a | ||
constitutional or statutory county court or another district court, | ||
the clerk of the transferring [ |
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[ |
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the electronic filing system established under Section 72.031: | ||
(1) a transfer certificate and index of transferred | ||
documents; | ||
(2) a copy of the original papers filed in the | ||
transferring court; | ||
(3) a copy of the order of transfer signed by the | ||
transferring court; | ||
(4) a copy of each final order; | ||
(5) a copy of the transfer certificate and index of | ||
transferred documents from each previous transfer; and | ||
(6) a bill of any costs that have accrued in the | ||
transferring court. | ||
(f) The clerks of both the transferee and transferring | ||
courts may each produce, under this chapter, certified or | ||
uncertified copies of documents transferred under Subsection (a) | ||
and must include a copy of the transfer certificate and index of | ||
transferred documents with each document produced. | ||
(g) This section applies regardless of whether the | ||
transferee court and the transferring court are in the same or | ||
different counties. | ||
SECTION 11. Section 51.318(b), Government Code, is amended | ||
to read as follows: | ||
(b) The fees are: | ||
(1) for issuing a subpoena, including one copy$8; | ||
(2) for issuing a citation, commission for deposition, | ||
writ of execution, order of sale, writ of execution and order of | ||
sale, writ of injunction, writ of garnishment, writ of attachment, | ||
or writ of sequestration, or any other writ or process not otherwise | ||
provided for, including one copy if required by law$8; | ||
(3) for searching files or records to locate a cause | ||
when the docket number is not provided or to ascertain the existence | ||
of an instrument or record in the district clerk's office$5; | ||
(4) for abstracting a judgment$8; | ||
(5) for preparation of the clerk's record on appeal, | ||
for each page or part of a page$1; | ||
(6) for approving a bond$5; | ||
(7) for a certified copy of a record, judgment, order, | ||
pleading, or paper on file or of record in the district clerk's | ||
office[ |
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(A) including certificate and seal$5; and | ||
(B) for each page or part of a page: | ||
(i) printed on paper$1; | ||
(ii) that is a paper document converted to | ||
electronic format$1; or | ||
(iii) that is an electronic copy of an | ||
electronic document: | ||
(a) for a document up to 10 pages in | ||
length$1; and | ||
(b) for each page or part of a page | ||
over 10 pages$0.10; | ||
(8) for a noncertified copy: | ||
(A) printed on paper, for each page or part of a | ||
page$1; | ||
(B) that is a paper document converted to | ||
electronic format, for each page or part of a page$1; or | ||
(C) that is an electronic copy of an electronic | ||
document: | ||
(i) for each document up to 10 pages in | ||
length$1; and | ||
(ii) for each page or part of a page over 10 | ||
pages$0.10; | ||
(9) for preparation of the clerk's record of transfer | ||
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, | ||
Family Code, and Sections 51.3071 and 51.403 of this code: | ||
(A) for the clerk's transfer certificate and | ||
index$5; | ||
(B) for each page or part of a page of a case | ||
record up to 10 pages in length$1.00; and | ||
(C) for each page or part of a page of a case | ||
record over 10 pages$0.10. | ||
SECTION 12. Section 51.403, Government Code, is amended by | ||
amending Subsection (a) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(a) If a case is transferred from a county court to a | ||
district court or a statutory county court or a county court of | ||
another county, the clerk of the transferring [ |
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send to the [ |
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transferred, using the electronic filing system established under | ||
Section 72.031: | ||
(1) a transfer certificate and index of transferred | ||
documents; | ||
(2) a copy of the original papers filed in the | ||
transferring court; | ||
(3) a copy of the order of transfer signed by the | ||
transferring court; | ||
(4) a copy of each final order; | ||
(5) a copy of the transfer certificate and index of | ||
transferred documents from each previous transfer; and | ||
(6) a bill of any costs that have accrued in the | ||
transferring court. | ||
(d) The clerks of both the transferee and transferring | ||
courts may each produce, under this chapter, certified or | ||
uncertified copies of documents transferred under Subsection (a) | ||
and must include a copy of the transfer certificate and index of | ||
transferred documents with each document produced. | ||
(e) This section applies regardless of whether the | ||
transferee court and the transferring court are in the same or | ||
different counties. | ||
SECTION 13. Section 72.037(a), Government Code, is amended | ||
to read as follows: | ||
(a) The office shall develop and make available a | ||
standardized transfer certificate and an index of transferred | ||
documents form to be used for the transfer of cases and proceedings | ||
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, | ||
Family Code, and Sections 51.3071 and 51.403 of this code. | ||
SECTION 14. Section 118.011(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A county clerk shall collect the following fees for | ||
services rendered to any person: | ||
(1) Personal Property Records Filing (Sec. 118.012): | ||
(A) for the first page$ 5.00; | ||
(B) for each additional page or part of a page on | ||
which there are visible marks of any kind$ 4.00; | ||
(2) Real Property Records Filing (Sec. 118.013): | ||
(A) for the first page$ 5.00; | ||
(B) for each additional page or part of a page on | ||
which there are visible marks of any kind$ 4.00; | ||
(C) for all or part of each 8-1/2" X | ||
14" attachment or rider$ 4.00; | ||
(D) for each name in excess of five names that has | ||
to be indexed in all records in which the document must be | ||
indexed$ 0.25; | ||
(3) Certified Papers (Sec. 118.014): | ||
(A) for the clerk's certificate$ 5.00; | ||
(B) printed on paper, plus a fee for each page or | ||
part of a page$ 1.00; | ||
(C) that is a paper document converted to | ||
electronic format, for each page or part of a page$1; | ||
(D) that is an electronic copy of an electronic | ||
document: | ||
(i) for each document up to 10 pages in | ||
length$1; | ||
(ii) for each page or part of a page of a | ||
document over 10 pages$0.10; | ||
(4) Noncertified Papers (Sec. 118.0145): | ||
(A) printed on paper, for each page or part of a | ||
page$ 1.00; | ||
(B) that is a paper document converted to | ||
electronic format, for each page or part of a page$1; | ||
(C) that is an electronic copy of an electronic | ||
document: | ||
(i) for each document up to 10 pages in | ||
length$1; | ||
(ii) for each page or part of a page of a | ||
document over 10 pages$0.10; | ||
(5) Birth or Death Certificate (Sec. | ||
118.015)same as state registrar; | ||
(6) Bond Approval (Sec. 118.016)$ 3.00; | ||
(7) Marriage License (Sec. 118.018)$60.00; | ||
(8) Declaration of Informal Marriage (Sec. | ||
118.019)$25.00; | ||
(9) Brand Registration (Sec. 118.020)$ 5.00; | ||
(10) Oath Administration (Sec. 118.021)$ 1.00. | ||
SECTION 15. Section 118.052, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court | ||
shall collect the following fees for services rendered to any | ||
person: | ||
(1) CIVIL COURT ACTIONS | ||
(A) Preparation of the clerk's record of transfer | ||
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, | ||
Family Code, and Sections 51.3071 and 51.403, Government Code: | ||
(i) for the clerk's transfer certificate | ||
and index . . . . . . $5; and | ||
(ii) for each page or part of a page of a | ||
case record up to 10 pages in length . . . . . . $1.00; | ||
(iii) for each page or part of a page of a | ||
case record over 10 pages . . . . . . $0.10; [ |
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(B) Services Rendered After Judgment in Original | ||
Action (Sec. 118.0545): | ||
(i) Abstract of judgment . . . $ 8.00; | ||
(ii) Execution, order of sale, writ, or | ||
other process . . . $ 8.00; | ||
(2) PROBATE COURT ACTIONS | ||
(A) Services in Pending Probate Action (Sec. | ||
118.056): | ||
(i) Filing an inventory and appraisement as | ||
provided by Section 118.056(d) . . . $25.00; | ||
(ii) Approving and recording bond . . . | ||
$ 5.00; | ||
(iii) Administering oath . . . $ 2.00; | ||
(iv) Filing annual or final account of | ||
estate . . . $25.00; | ||
(v) Filing application for sale of real or | ||
personal property . . . $25.00; | ||
(vi) Filing annual or final report of | ||
guardian of a person . . . $10.00; | ||
(vii) Filing a document not listed under | ||
this paragraph after the filing of an order approving the inventory | ||
and appraisement or after the 120th day after the date of the | ||
initial filing of the action, whichever occurs first, if more than | ||
25 pages . . . $25.00; | ||
(B) Claim Against Estate (Sec. 118.058) . . . | ||
$10.00; | ||
(C) Preparation of the clerk's record of transfer | ||
under Sections 33.105 and 1023.006, Estates Code, Section 155.207, | ||
Family Code, and Sections 51.3071 and 51.403, Government Code: | ||
(i) for the clerk's transfer certificate | ||
and index . . . . . . $5; | ||
(ii) for each page or part of a page of a | ||
case record up to 10 pages in length . . . . . . $1.00; | ||
(iii) for each page or part of a page of a | ||
case record over 10 pages . . . . . . $0.10; | ||
(3) OTHER FEES | ||
(A) Issuing Document (Sec. 118.059): | ||
(i) original document and one copy . . . | ||
$ 8.00; | ||
(ii) each additional set of an original and | ||
one copy . . . $ 8.00; | ||
(B) Certified Papers (Sec. 118.060): | ||
(i) for the clerk's certificate . . . | ||
$ 5.00; | ||
(ii) printed on paper, plus a fee per page | ||
or part of a page of . . . $ 1.00; | ||
(iii) that is a paper document converted to | ||
electronic format, for each page or part of a page . . . . . . $1; | ||
(iv) that is an electronic copy of an | ||
electronic document: | ||
(a) for each document up to 10 pages | ||
in length . . . . . . $1; | ||
(b) for each page or part of a page of | ||
a document over 10 pages . . . . . . $0.10; | ||
(C) Noncertified Papers (Sec. 118.0605): | ||
(i) printed on paper, for each page or part | ||
of a page . . . $ 1.00; | ||
(ii) that is a paper converted to | ||
electronic format, for each page or part of a page . . . $ 1.00; | ||
(iii) that is an electronic copy of an | ||
electronic document: | ||
(a) [ |
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pages in length . . . $ 1.00; [ |
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(b) [ |
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page of a document over 10 pages . . . $ 0.10; | ||
(D) Letters Testamentary, Letter of | ||
Guardianship, Letter of Administration, or Abstract of Judgment | ||
(Sec. 118.061) . . . $ 2.00; | ||
(E) Deposit and Safekeeping of Wills (Sec. | ||
118.062) . . . $ 5.00; | ||
(F) Mail Service of Process (Sec. 118.063) . . . | ||
same as sheriff; | ||
(G) Searching files or records to locate a cause | ||
when the docket number is not provided . . . $ 5.00; | ||
(H) Records Technology and Infrastructure Fee if | ||
authorized by the commissioners court of the county (Sec. 118.026) | ||
. . . $ 2.00; | ||
(I) Preparation of the clerk's record for appeal, | ||
per page or part of a page . . . $1.00. | ||
SECTION 16. Section 118.131(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The commissioners court of a county may set reasonable | ||
fees to be charged for service of process, including service of | ||
writs, [ |
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SECTION 17. Sections 133.151(a) and (a-1), Local Government | ||
Code, are amended to read as follows: | ||
(a) The clerk of a district court, statutory county court, | ||
statutory probate court, or county court shall collect: | ||
(1) a fee in the amount of $137 on the filing of any | ||
civil, probate, guardianship, or mental health case; and | ||
(2) a fee in the amount of $45 on any action other than | ||
an original action subject to Subdivision (1), including [ |
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action, adverse probate action, interpleader, motion for new trial, | ||
motion to reinstate, or third-party action. | ||
(a-1) The clerk of a justice court shall collect a fee in the | ||
amount of $21 on the filing of any civil case and on any action other | ||
than an original action for the civil case, including an appeal and | ||
any counterclaim, cross-action, intervention, contempt action, | ||
interpleader, motion for new trial, motion to reinstate, or | ||
third-party action. | ||
SECTION 18. Section 134.101(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The treasurer shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the clerk of the court account38.0953 percent; | ||
(2) the clerks [ |
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preservation fund23.8095 percent; | ||
(3) the county jury fund0.9524 percent; | ||
(4) the courthouse security fund9.5238 percent; | ||
(5) the county and district court technology | ||
fund3.8095 percent; and | ||
(6) the county specialty court account23.8095 | ||
percent. | ||
SECTION 19. Section 134.102(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The treasurer shall allocate the court costs received | ||
under this section to the following accounts and funds so that each | ||
receives to the extent practicable, utilizing historical data as | ||
applicable, the same amount of money the account or fund would have | ||
received if the court costs for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the clerk of the court account32.5203 percent; | ||
(2) the clerks [ |
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preservation fund20.3252 percent; | ||
(3) the account for prosecutor's | ||
fees16.2602 percent; | ||
(4) the county jury fund0.8130 percent; | ||
(5) the courthouse security fund8.1301 percent; | ||
(6) the county and district court technology | ||
fund3.2520 percent; | ||
(7) the court reporter service fund2.4390percent; and | ||
(8) the county specialty court account16.2602 | ||
percent. | ||
SECTION 20. Section 134.155, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 134.155. CLERKS [ |
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PRESERVATION FUND. Money allocated under Section 134.101 or | ||
134.102 to the clerks [ |
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fund maintained in the county treasury as required by Section | ||
134.151 may be used by a clerk [ |
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management and preservation services performed by the [ |
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who collects the fee. | ||
SECTION 21. Section 135.101, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 135.101. LOCAL CONSOLIDATED CIVIL FEE FOR CERTAIN | ||
CIVIL CASES IN DISTRICT COURT, STATUTORY COUNTY COURT, OR COUNTY | ||
COURT. (a) A person shall pay in a district court, statutory | ||
county court, or county court in addition to all other fees and | ||
court costs a local consolidated filing fee of: | ||
(1) $213 on filing any civil case except a probate, | ||
guardianship, or mental health case; and | ||
(2) $35 on any action other than an original action for | ||
a case subject to Subdivision (1), including an appeal and any | ||
counterclaim, cross-action, intervention, contempt action, | ||
interpleader, motion for new trial, motion to reinstate, or | ||
third-party action. | ||
(b) The county treasurer shall allocate the fees received | ||
under Subsection (a)(1) to the following accounts and funds so that | ||
each receives to the extent practicable, utilizing historical data | ||
as applicable, the same amount of money the account or fund would | ||
have received if the fees for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the appellate judicial system | ||
fund2.3474 percent; | ||
(2) the court facility fee fund9.3897 percent; | ||
(3) the clerk of the court account23.4742 percent; | ||
(4) the clerks [ |
||
preservation account14.0845 percent; | ||
(5) the court reporter service | ||
fund11.7371 percent; | ||
(6) the county law library fund16.4319 percent; | ||
(7) the courthouse security fund9.3897 percent; | ||
(8) the language access fund1.4085 percent; | ||
(9) the county jury fund4.6948 percent; and | ||
(10) the county dispute resolution fund7.0423 | ||
percent. | ||
(c) The county treasurer shall allocate the fees received | ||
under Subsection (a)(2) to the following accounts and funds so that | ||
each receives to the extent practicable, utilizing historical data | ||
as applicable, the same amount of money the account or fund would | ||
have received if the fees for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the clerk of the court | ||
account42.8571 percent; and | ||
(2) the clerks [ |
||
preservation account57.1429 percent. | ||
SECTION 22. Sections 135.102(b) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(b) The county treasurer shall allocate the fees received | ||
under Subsection (a)(1) to the following accounts and funds so that | ||
each receives to the extent practicable, utilizing historical data | ||
as applicable, the same amount of money the account or fund would | ||
have received if the fees for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the appellate judicial system | ||
fund2.2422 percent; | ||
(2) the court facility fee fund8.9686 percent; | ||
(3) the clerk of the court account17.9372 percent; | ||
(4) the clerks [ |
||
preservation account6.7265 percent; | ||
(5) the court reporter service | ||
fund11.2108 percent; | ||
(6) the county law library fund15.6951 percent; | ||
(7) the courthouse security fund8.9686 percent; | ||
(8) the language access fund1.3453 percent; | ||
(9) the county jury fund4.4841 percent; | ||
(10) the county dispute resolution fund6.7265 | ||
percent; | ||
(11) the court-initiated guardianship fund8.9686 | ||
percent; | ||
(12) the judicial education and support fund2.2422 | ||
percent; and | ||
(13) the public probate administrator fund4.4843 | ||
percent. | ||
(c) The county treasurer shall allocate the fees received | ||
under Subsection (a)(2) to the following accounts and funds so that | ||
each receives to the extent practicable, utilizing historical data | ||
as applicable, the same amount of money the account or fund would | ||
have received if the fees for the accounts and funds had been | ||
collected and reported separately, except that the account or fund | ||
may not receive less than the following percentages: | ||
(1) the clerk of the court account53.3333 percent; | ||
(2) the clerks [ |
||
preservation account6.6667 percent; | ||
(3) the court-initiated guardianship fund26.6667 | ||
percent; and | ||
(4) the public probate administrator fund13.3333 | ||
percent. | ||
SECTION 23. Section 135.103(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) In addition to all other fees and court costs, a person | ||
shall pay a local consolidated filing fee of $33 on filing of any | ||
civil case in a justice court and on any action other than an | ||
original action for a civil case, including an appeal and any | ||
counterclaim, cross-action, intervention, contempt action, | ||
interpleader, motion for new trial, motion to reinstate, or | ||
third-party action. | ||
SECTION 24. Section 135.154, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 135.154. CLERKS [ |
||
PRESERVATION ACCOUNT. Money allocated under Section 135.101 or | ||
135.102 to the clerks [ |
||
account maintained in the county treasury as required by Section | ||
135.151 may be used by a clerk [ |
||
management and preservation services, including automation, | ||
performed by the [ |
||
the commissioners court of a budget as provided by Chapter 111. An | ||
expenditure from the fund must comply with Subchapter C, Chapter | ||
262. | ||
SECTION 25. (a) Effective September 1, 2023, Section | ||
33.103(c), Estates Code, is repealed. | ||
(b) Effective January 1, 2024, Section 291.008, Local | ||
Government Code, is repealed. | ||
SECTION 26. As soon as practicable after January 1, 2024, | ||
the Office of Court Administration of the Texas Judicial System | ||
shall develop and make available all forms and materials required | ||
by Section 72.037, Government Code, as amended by this Act. | ||
SECTION 27. (a) Except as provided by Subsection (b) of this | ||
section or as otherwise provided by this Act, this Act takes effect | ||
January 1, 2024. | ||
(b) The following provisions take effect September 1, 2023: | ||
(1) Sections 33.101, 33.102(a), 33.103(b), 1023.006, | ||
and 1023.007, Estates Code, as amended by this Act; | ||
(2) Section 33.105, Estates Code, as added by this | ||
Act; | ||
(3) Sections 155.207(a), (b), and (e), Family Code, as | ||
amended by this Act; and | ||
(4) Sections 51.3071 and 51.403, Government Code, as | ||
amended by this Act. |