82R11823 T
By: Darby H.B. No. 2717
A BILL TO BE ENTITLED
AN ACT
relating to certain duties, functions, and procedures of county
clerks, district clerks, and local registrars.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.305, Government Code, is amended by
amending Subsection (b) and adding Subsection (i) to read as
follows:
(b) The commissioners court of a county may adopt a district
court records archive fee of not more than $5 for the filing of a
suit, including an appeal from an inferior court, or a
cross-action, counterclaim, intervention, contempt action, motion
for new trial, or third-party petition, in a district court, or
statutory county court that has concurrent jurisdiction with a
district court, in the county as part of the county's annual budget.
The fee must be set and itemized in the county's budget as part of
the budget preparation process and must be approved in a public
meeting. The fee is for preservation and restoration services
performed in connection with maintaining a district court records
archive.
(i) Notwithstanding any conflicting law, the fee prescribed
by Subsection (b) in relation to a statutory county court that has
concurrent jurisdiction with a district court is subject to
Subchapters B and C, Chapter 118, Local Government Code, in the same
manner as other similar fees under those subchapters.
SECTION 2. Section 51.605(c), Government Code, is amended
to read as follows:
(c) A clerk must annually complete 20 hours of continuing
education courses including, during each term of office and within
the first 12 months of taking office, at least one hour of
continuing education courses regarding registry funds handled
under Chapter 117, Local Government Code, in the performance of the
duties of office. The 20 hours of required continuing education
courses must include, during each term of office and within the
first 12 months of taking office, at least one hour of continuing
education regarding fraudulent court documents and fraudulent
document filings.
SECTION 3. Section 62.106(a), Government Code, is amended
to read as follows:
(a) A person qualified to serve as a petit juror may
establish an exemption from jury service if the person:
(1) is over 70 years of age;
(2) has legal custody of a child younger than 12 [15]
years of age and the person's service on the jury requires leaving
the child without adequate supervision;
(3) is a student of a public or private secondary
school;
(4) is a person enrolled and in actual attendance at an
institution of higher education;
(5) is an officer or an employee of the senate, the
house of representatives, or any department, commission, board,
office, or other agency in the legislative branch of state
government;
(6) is summoned for service in a county with a
population of at least 200,000, unless that county uses a jury plan
under Section 62.011 and the period authorized under Section
62.011(b)(5) exceeds two years, and the person has served as a petit
juror in the county during the 24-month period preceding the date
the person is to appear for jury service;
(7) is the primary caretaker of a person who is an
invalid unable to care for himself;
(8) except as provided by Subsection (b), is summoned
for service in a county with a population of at least 250,000 and
the person has served as a petit juror in the county during the
three-year period preceding the date the person is to appear for
jury service; or
(9) is a member of the United States military forces
serving on active duty and deployed to a location away from the
person's home station and out of the person's county of residence.
SECTION 4. Section 191.0045, Health and Safety Code, is
amended by amending Subsection (h) and adding Subsection (i) to
read as follows:
(h) In addition to other fees collected under this section,
a local registrar or county clerk may collect a fee not to exceed $1
for:
(1) the preservation of vital statistics records
maintained by the registrar or county clerk, including birth,
death, fetal death, marriage, divorce, and annulment records;
(2) vital statistics training; or
(3) any other needs of the local registrar or county
clerk to ensure the safety and security of vital statistics
records.
(i) A fee under Subsection (h) [this section] shall be
collected by the registrar or county clerk on the issuance of a
vital statistics record, including a record issued through a Remote
Birth Access site.
SECTION 5. Section 132.002(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county may authorize a
county or precinct officer who collects fees, fines, court costs,
or other charges on behalf of the county or the state to accept
payment by credit card or by the electronic processing of checks of
a fee, fine, court costs, or other charge. The commissioners court
may also authorize a county or precinct officer to collect and
retain a fee for processing the payment by credit card or by the
electronic processing of checks.
SECTION 6. Section 151.001(d), Local Government Code, is
amended to read as follows:
(d) The application must be accompanied by a statement of
the probable receipts from fees, commissions, and compensation to
be collected by the office during the budget process [fiscal year]
and the probable disbursements, including salaries and expenses, of
the office.
SECTION 7. Section 191.030, Health and Safety Code, is
repealed.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.