Texas 2021 - 87th Regular

Texas House Bill HB1365 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R10123 TSS-F
2	2		By: Clardy H.B. No. 1365
	3	+	Substitute the following for H.B. No. 1365:
	4	+	By: Schofield C.S.H.B. No. 1365
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the procedure for transferring certain cases and
8	10		proceedings between courts.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 155.207, Family Code, is amended to read
11	13		as follows:
12	14		Sec. 155.207. TRANSFER OF COURT FILES. (a) Not later than
13	15		the 10th working day after the date an order of transfer is signed,
14	16		the clerk of the court transferring a proceeding shall send, using
15	17		the electronic filing system established under Section 72.031,
16	18		Government Code, to the proper court in the county to which transfer
17	19		is being made:
18	20		(1) a transfer certificate and index of transferred
19	21		documents [the pleadings in the pending proceeding and any other
20	22		document specifically requested by a party];
21	23		(2) [certified copies of all entries in the minutes;
22	24		[(3)] a [certified] copy of each final order;
23	25		(3) [and
24	26		[(4)] a [certified] copy of the order of transfer
25	27		signed by the transferring court;
26	28		(4) a copy of the original papers filed in the
27	29		transferring court;
28	30		(5) a copy of the transfer certificate and index of
29	31		transferred documents from each previous transfer; and
30	32		(6) a bill of any costs that have accrued in the
31	33		transferring court.
32	34		(a-1) The clerk of the transferring court shall use the
33	35		standardized transfer certificate and index of transferred
34	36		documents form created by the Office of Court Administration of the
35	37		Texas Judicial System under Section 72.037, Government Code, when
36	38		transferring a proceeding under this section.
37	39		(b) The clerk of the transferring court shall keep a copy of
38	40		[the] transferred pleadings [and other requested documents. If the
39	41		transferring court retains jurisdiction of another child who was
40	42		the subject of the suit, the clerk shall send a copy of the
41	43		pleadings and other requested documents to the court to which the
42	44		transfer is made and shall keep the original pleadings and other
43	45		requested documents].
44	46		(c) The [On receipt of the pleadings, documents, and orders
45	47		from the transferring court, the] clerk of the transferee court
46	48		shall:
47	49		(1) accept documents transferred under Subsection
48	50		(a);
49	51		(2) docket the suit; and
50	52		(3) [shall] notify, using the electronic filing system
51	53		established under Section 72.031, Government Code [the judge of the
52	54		transferee court], all parties, the clerk of the transferring
53	55		court, and, if appropriate, the transferring court's local registry
54	56		that the suit has been docketed.
55	57		(c-1) The clerk of the transferee court shall physically or
56	58		electronically mark or stamp the transfer certificate and index of
57	59		transferred documents to evidence the date and time of acceptance
58	60		under Subsection (c), but may not physically or electronically mark
59	61		or stamp any other document transferred under Subsection (a).
60	62		(d) The clerk of the transferring court shall send a
61	63		certified copy of the order directing payments to the transferee
62	64		court:
63	65		(1) [,] to any party [or employer] affected by the
64	66		[that] order, and, if appropriate, to the local registry of the
65	67		transferee court using the electronic filing system established
66	68		under Section 72.031, Government Code; and
67	69		(2) to an employer affected by the order
68	70		electronically or by first class mail.
69	71		(e) The clerks of both the transferee and transferring
70	72		courts may each produce under Chapter 51, Government Code,
71	73		certified or uncertified copies of documents filed in a case
72	74		transferred under this section, but shall also include a copy of the
73	75		transfer certificate and index of transferred documents with each
74	76		document produced.
75	77		(f) Sections 80.001 and 80.002, Government Code, do not
76	78		apply to the transfer of documents under this section.
77	79		SECTION 2. Section 51.3071, Government Code, is amended to
78	80		read as follows:
79	81		Sec. 51.3071. TRANSFER OF CASES. (a) If a case is
80	82		transferred from a district court to a county court, the clerk of
81	83		the district court shall [may] send to the county clerk, using the
82	84		electronic filing system established under Section 72.031 [in
83	85		electronic or paper form]:
84	86		(1) a transfer certificate and index of transferred
85	87		documents [certified transcript of the proceedings held in the
86	88		district court];
87	89		(2) a copy of the original papers filed in the
88	90		transferring [district] court; [and]
89	91		(3) a copy of the order of transfer signed by the
90	92		transferring court;
91	93		(4) a copy of each final order;
92	94		(5) a copy of the transfer certificate and index of
93	95		transferred documents from each previous transfer; and
94	96		(6) a bill of any [the] costs that have accrued in the
95	97		transferring [district] court.
96	98		(b) The clerk of the transferring court shall use the
97	99		standardized transfer certificate and index of transferred
98	100		documents form created by the Office of Court Administration of the
99	101		Texas Judicial System under Section 72.037 when transferring a case
100	102		under this section.
101	103		(c) The clerk of the transferee court shall accept documents
102	104		transferred under Subsection (a) and docket the case.
103	105		(d) The clerk of the transferee court shall physically or
104	106		electronically mark or stamp the transfer certificate and index of
105	107		transferred documents to evidence the date and time of acceptance
106	108		under Subsection (c), but may not physically or electronically mark
107	109		or stamp any other document transferred under Subsection (a).
108	110		(e) Sections 80.001 and 80.002 do not apply to the transfer
109	111		of documents under this section.
110	112		SECTION 3. Section 51.403, Government Code, is amended to
111	113		read as follows:
112	114		Sec. 51.403. TRANSFER OF CASES. (a) If a case is
113	115		transferred from a county court to a district court, the clerk of
114	116		the county court shall send to the district clerk, using the
115	117		electronic filing system established under Section 72.031 [in
116	118		electronic or paper form]:
117	119		(1) a transfer certificate and index of transferred
118	120		documents [certified transcript of the proceedings held in the
119	121		county court];
120	122		(2) a copy of the original papers filed in the
121	123		transferring [county] court; [and]
122	124		(3) a copy of the order of transfer signed by the
123	125		transferring court;
124	126		(4) a copy of each final order;
125	127		(5) a copy of the transfer certificate and index of
126	128		transferred documents from each previous transfer; and
127	129		(6) a bill of any [the] costs that have accrued in the
128	130		transferring [county] court.
129	131		(a-1) The clerk of the transferring court shall use the
130	132		standardized transfer certificate and index of transferred
131	133		documents form created by the Office of Court Administration of the
132	134		Texas Judicial System under Section 72.037 when transferring a case
133	135		under this section.
134	136		(a-2) The clerk of the transferee court shall accept
135	137		documents transferred under Subsection (a) and docket the case.
136	138		(a-3) The clerk of the transferee court shall physically or
137	139		electronically mark or stamp the transfer certificate and index of
138	140		transferred documents to evidence the date and time of acceptance
139	141		under Subsection (a-2), but may not physically or electronically
140	142		mark or stamp any other document transferred under Subsection (a).
141	143		(b) If civil or criminal jurisdiction of a county court is
142	144		transferred to a district court, the clerk of the county court shall
143	145		send, using the electronic filing system established under Section
144	146		72.031, a certified copy of the judgments rendered in the county
145	147		court that remain unsatisfied [, in electronic or paper form,] to
146	148		the district clerks of the appropriate counties.
147	149		(c) Sections 80.001 and 80.002 do not apply to the transfer
148	150		of documents under this section.
149	151		SECTION 4. Subchapter C, Chapter 72, Government Code, is
150	152		amended by adding Section 72.037 to read as follows:
151	153		Sec. 72.037. TRANSFER CERTIFICATE AND INDEX OF TRANSFERRED
152	154		DOCUMENTS FORM. (a) The office shall develop and make available a
153	155		standardized transfer certificate and an index of transferred
154	156		documents form to be used for the transfer of cases and proceedings
155	157		under Section 155.207, Family Code, and Sections 51.3071 and 51.403
156	158		of this code.
157	159		(b) In developing a form under this section, the office
158	160		shall consult with representatives of county and district clerks.
159	161		SECTION 5. As soon as practicable after the effective date
160	162		of this Act, the Office of Court Administration of the Texas
161	163		Judicial System shall develop and make available a standardized
162	164		transfer certificate and an index of transferred documents form
163	165		required by Section 72.037, Government Code, as added by this Act.
164	166		SECTION 6. This Act takes effect September 1, 2021.