Bill Text: TX SB1612 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to court administration and costs; increasing certain court costs; authorizing fees.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2023-05-27 - See remarks for effective date [SB1612 Detail]

Download: Texas-2023-SB1612-Enrolled.html

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S.B. No. 1612

AN ACT
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 [make and retain a copy of the
entire file in the case and transmit the original file in electronic
or paper form] to the court in the county in which venue is proper.
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 [in electronic or paper form:
[(1) the original file in the case; and
[(2) certified copies of all entries that have been
made in the judge's probate docket in the proceeding].
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[:
[(1) the original file in the proceeding; and
[(2) a certified copy of the index].
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 [When] an order of transfer is
signed [made] under Section 1023.005, the clerk shall record any
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, [transmit in electronic or paper form] to the
county clerk of the county to which the guardianship was ordered
transferred:
(1) a transfer certificate and index of transferred
documents [the case file of the guardianship proceedings]; [and]
(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 [a certified copy of the index of the guardianship records].
(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[:
[(1) the case file and a certified copy of the index
required by Section 1023.006 are filed in electronic or paper form
in the office of the county clerk of the county to which the
guardianship was ordered transferred; and
[(2) a certificate under the clerk's official seal and
reporting the filing of the case file and a certified copy of the
index is filed in electronic or paper form in the court ordering the
transfer by the county clerk of the county to which the guardianship
was ordered transferred].
SECTION 7. Section 51.072(l), Family Code, is amended to
read as follows:
(l) The sending county is financially responsible for any
special treatment program or placement that the juvenile court of
the sending county requires as a condition of probation [if the
child's family is financially unable to pay for the program or
placement].
SECTION 8. Section 61.002, Family Code, is amended to read
as follows:
Sec. 61.002. APPLICABILITY. This [(a) Except as provided
by Subsection (b), this] chapter applies to a proceeding to enter a
juvenile court order:
(1) [for payment of probation fees under Section
54.061;
[(2)] for restitution under Sections 54.041(b) and
54.048;
(2) [(3)] for community service under Section
54.044(b);
(3) [(4)] requiring the person to refrain from doing
any act injurious to the welfare of the child under Section
54.041(a)(1);
(4) [(5)] enjoining contact between the person and the
child who is the subject of a proceeding under Section
54.041(a)(2);
(5) [(6)] ordering a person living in the same
household with the child to participate in counseling under Section
54.041(a)(3);
(6) [(7) requiring a parent or other eligible person
to pay reasonable attorney's fees for representing the child under
Section 51.10(e);
[(8) requiring the parent or other eligible person to
reimburse the county for payments the county has made to an attorney
appointed to represent the child under Section 51.10(j);
[(9) requiring payment of deferred prosecution
supervision fees under Section 53.03(d);
[(10)] requiring a parent or other eligible person to
attend a court hearing under Section 51.115;
(7) [(11)] requiring a parent or other eligible person
to act or refrain from acting to aid the child in complying with
conditions of release from detention under Section 54.01(r); or
(8) [(12)] requiring a parent or other eligible person
to act or refrain from acting under any law imposing an obligation
of action or omission on a parent or other eligible person because
of the parent's or person's relation to the child who is the subject
of a proceeding under this title[; or
[(13) for payment of the cost of attending an
educational program under Section 54.0404].
[(b) This subchapter does not apply to the entry and
enforcement of a child support order under Section 54.06.]
SECTION 9. 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
[$15] in a suit for filing:
(1) a suit or motion for modification;
(2) a motion for enforcement;
(3) a notice of application for judicial writ of
withholding;
(4) [a motion to transfer;
[(5)] a petition for license suspension;
(5) [(6)] a motion to revoke a stay of license
suspension; or
(6) [(7)] a motion for contempt.
(d) Fees collected under this section are to be remitted and
allocated as provided by Chapters 133 and 135, Local Government
Code, as applicable.
SECTION 10. Section 110.005(a), Family Code, is amended to
read as follows:
(a) The fee for filing a transferred case is $80 [$45]
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 [No portion of this fee may be sent to the state].
SECTION 11. 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 [in the county] to which transfer is being made:
(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) [transferred
pleadings].
(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 [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.
SECTION 12. 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 [district] court shall send to the
[county] clerk of the court to which the case is 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.
(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 13. 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[, printed on paper]:
(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$0.10.
SECTION 14. Section 51.403, Government Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) If a case is transferred from a county court to a
district court or a statutory county court or a county court of
another county, the clerk of the transferring [county] court shall
send to the [district] clerk of the court to which the case is
transferred, using the electronic filing system established under
Section 72.031:
(1) a transfer certificate and index of transferred
documents;
(2) a copy of the original papers filed in the
transferring court;
(3) a copy of the order of transfer signed by the
transferring court;
(4) a copy of each final order;
(5) a copy of the transfer certificate and index of
transferred documents from each previous transfer; and
(6) a bill of any costs that have accrued in the
transferring court.
(d) The clerks of both the transferee and transferring
courts may each produce, under this chapter, certified or
uncertified copies of documents transferred under Subsection (a)
and must include a copy of the transfer certificate and index of
transferred documents with each document produced.
(e) This section applies regardless of whether the
transferee court and the transferring court are in the same or
different counties.
SECTION 15. Section 72.037(a), Government Code, is amended
to read as follows:
(a) The office shall develop and make available a
standardized transfer certificate and an index of transferred
documents form to be used for the transfer of cases and proceedings
under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
Family Code, and Sections 51.3071 and 51.403 of this code.
SECTION 16. Section 118.011(a), Local Government Code, is
amended to read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec. 118.012):
(A) for the first page$ 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 17. 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;
(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; [Filing
of Garnishment after judgment . . . $15.00]
(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) [(i)] for each document up to 10
pages in length . . . $ 1.00; [and]
(b) [(ii)] for each page or part of a
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 18. 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, [services] by the offices of the sheriff and constables.
SECTION 19. 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 [an appeal
and] any counterclaim, cross-action, intervention, contempt
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 20. 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 [county] records management and
preservation fund 23.8095 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 21. 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 [county] records management and
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 22. Section 134.155, Local Government Code, is
amended to read as follows:
Sec. 134.155. CLERKS [COUNTY] RECORDS MANAGEMENT AND
PRESERVATION FUND. Money allocated under Section 134.101 or
134.102 to the clerks [county] records management and preservation
fund maintained in the county treasury as required by Section
134.151 may be used by a clerk [county] only to fund records
management and preservation services performed by the [court] clerk
who collects the fee.
SECTION 23. 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 [county] records management and
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 [county] records management and
preservation account57.1429 percent.
SECTION 24. 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 [county] records management and
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 [county] records management and
preservation account6.6667 percent;
(3) the court-initiated guardianship fund26.6667
percent; and
(4) the public probate administrator fund13.3333
percent.
SECTION 25. 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 26. Section 135.154, Local Government Code, is
amended to read as follows:
Sec. 135.154. CLERKS [COUNTY] RECORDS MANAGEMENT AND
PRESERVATION ACCOUNT. Money allocated under Section 135.101 or
135.102 to the clerks [county] records management and preservation
account maintained in the county treasury as required by Section
135.151 may be used by a clerk [county] only to fund records
management and preservation services, including automation,
performed by the [court] clerk who collects the fee on approval by
the commissioners court of a budget as provided by Chapter 111. An
expenditure from the fund must comply with Subchapter C, Chapter
262.
SECTION 27. (a) Effective September 1, 2023, the following
laws are repealed:
(1) Article 26.057, Code of Criminal Procedure;
(2) Section 33.103(c), Estates Code;
(3) Sections 51.10(e), (k), and (l), Family Code;
(4) Section 53.03(d), Family Code;
(5) Section 54.0404(b), Family Code;
(6) Section 54.06, Family Code;
(7) Section 54.061, Family Code; and
(8) Section 56.01(l), Family Code.
(b) Effective January 1, 2024, Section 291.008, Local
Government Code, is repealed.
SECTION 28. (a) Notwithstanding Section 51.607(c),
Government Code, Sections 51.072(l) and 61.002, Family Code, as
amended by this Act, and the repeal of Sections 51.10(e), (k), and
(l), 53.03(d), 54.0404(b), and 56.01(l), Family Code, by this Act
apply to the authority of a juvenile court to impose a fee or cost on
or after September 1, 2023, regardless of whether the underlying
action commenced before, on, or after September 1, 2023. The
imposition of a fee or cost by a juvenile court before September 1,
2023, is governed by the law in effect on the date the fee or cost
was imposed, and the former law is continued in effect for that
purpose.
(b) 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.
(c) The repeal of Article 26.057, Code of Criminal
Procedure, by this Act, applies to a case transferred to a criminal
court under Section 54.02, Family Code, on or after September 1,
2023. A case transferred to a criminal court before September 1,
2023, is governed by the law in effect on the date the case was
transferred, and the former law is continued in effect for that
purpose.
(d) The repeal of Section 54.06, Family Code, by this Act
applies only to an order for assignment of child support rendered on
or after September 1, 2023. An order for assignment of child support
rendered before September 1, 2023, is governed by the law in effect
on the date the order was rendered, and the former law is continued
in effect for that purpose.
SECTION 29. (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 51.072(l), 61.002, and 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1612 passed the Senate on
April 12, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1612 passed the House on
May 12, 2023, by the following vote: Yeas 124, Nays 16,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor