| 1 | 1 | | 87R7755 TSS-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1007 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the electronic filing system used for the filing of |
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| 8 | 8 | | documents in courts of this state; authorizing the imposition of a |
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| 9 | 9 | | fee for use of that system in certain counties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 72.031, Government Code, is amended by |
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| 12 | 12 | | amending Subsection (d) and adding Subsections (d-1), (d-2), and |
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| 13 | 13 | | (g) to read as follows: |
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| 14 | 14 | | (d) A local government or [appellate] court that uses the |
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| 15 | 15 | | electronic filing system may accept electronic payment methods, |
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| 16 | 16 | | including payments made with credit and debit cards. |
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| 17 | 17 | | (d-1) Cameron, Hidalgo, and Webb Counties may each charge a |
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| 18 | 18 | | fee of not more than $2 for each electronic filing transaction filed |
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| 19 | 19 | | in a court in the county through an electronic filing system if: |
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| 20 | 20 | | (1) the fee is necessary to reimburse the county for |
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| 21 | 21 | | the system operating costs reasonably incurred by the county to: |
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| 22 | 22 | | (A) accept electronic payment methods; |
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| 23 | 23 | | (B) communicate with other technology |
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| 24 | 24 | | information systems; or |
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| 25 | 25 | | (C) improve and maintain cybersecurity systems |
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| 26 | 26 | | or equipment; |
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| 27 | 27 | | (2) the fee does not include an amount to reimburse |
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| 28 | 28 | | county employee costs, other than the direct costs incurred in |
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| 29 | 29 | | maintaining the system; |
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| 30 | 30 | | (3) the commissioners court of the county approves the |
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| 31 | 31 | | imposition of the fee using the county's standard fee approval |
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| 32 | 32 | | process; and |
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| 33 | 33 | | (4) the county and district clerks in the county |
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| 34 | 34 | | annually certify to the commissioners court of the county that the |
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| 35 | 35 | | fee is necessary to reimburse the county for the costs specified in |
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| 36 | 36 | | Subdivision (1). |
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| 37 | 37 | | (d-2) The clerk of a court in a county authorized to charge a |
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| 38 | 38 | | fee under Subsection (d-1) shall collect the fee in the manner |
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| 39 | 39 | | provided for other court costs and shall deliver the fee to the |
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| 40 | 40 | | county treasurer, or the person who performs the duties of the |
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| 41 | 41 | | county treasurer, of the county in which the court sits. The county |
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| 42 | 42 | | treasurer, or the person who performs the duties of the county |
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| 43 | 43 | | treasurer, shall deposit the fees received into the fund or account |
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| 44 | 44 | | from which the county spent the system operating costs described by |
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| 45 | 45 | | Subsection (d-1)(1). |
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| 46 | 46 | | (g) The comptroller may audit the records of a county |
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| 47 | 47 | | related to fees collected under this section. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2021. |
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