87R4616 TSS-F
By: Creighton S.B. No. 2027
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for transferring certain cases and
proceedings between courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 155.207, Family Code, is amended to read
as follows:
Sec. 155.207. TRANSFER OF COURT FILES. (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 [the pleadings in the pending proceeding and any other
document specifically requested by a party];
(2) [certified copies of all entries in the minutes;
[(3) a certified copy of each final order; and
[(4)] a [certified] copy of the order of transfer
signed by the transferring court; and
(3) a copy of all documents required to be transferred
under rules adopted by the Office of Court Administration of the
Texas Judicial System under Section 72.037, Government Code.
(a-1) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037, Government Code, when
transferring a proceeding under this section.
(b) The clerk of the transferring court shall keep a copy of
[the] transferred pleadings [and other requested documents. If the
transferring court retains jurisdiction of another child who was
the subject of the suit, the clerk shall send a copy of the
pleadings and other requested documents to the court to which the
transfer is made and shall keep the original pleadings and other
requested documents].
(c) The [On receipt of the pleadings, documents, and orders
from the transferring court, the] clerk of the transferee court
shall:
(1) accept documents transferred under Subsection
(a);
(2) docket the suit; and
(3) [shall] notify, using the electronic filing system
established under Section 72.031, Government Code [the judge of the
transferee court], all parties, the clerk of the transferring
court, and, if appropriate, the transferring court's local registry
that the suit has been docketed.
(c-1) 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 (c), but may not physically or electronically mark
or stamp any other document transferred under Subsection (a).
(d) The clerk of the transferring court shall send a
certified copy of the order directing payments to the transferee
court:
(1) [,] to any party [or employer] affected by the
[that] 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) to an employer affected by the order
electronically or by first class mail.
(e) The clerks of both the transferee and transferring
courts may each produce under Chapter 51, Government Code,
certified or uncertified copies of documents 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.
(f) Sections 80.001 and 80.002, Government Code, do not
apply to the transfer of documents under this section.
SECTION 2. Section 51.3071, Government Code, is amended to
read as follows:
Sec. 51.3071. TRANSFER OF CASES. (a) If a case is
transferred from a district court to a county court, the clerk of
the district court shall [may] send to the county clerk using the
electronic filing system established under Section 72.031 [in
electronic or paper form]:
(1) a transfer certificate and index of transferred
documents [certified transcript of the proceedings held in the
district court];
(2) a copy of the order of transfer signed by the
transferring court [the original papers filed in the district
court]; and
(3) a copy of all documents required to be transferred
under rules adopted by the Office of Court Administration of the
Texas Judicial System under Section 72.037 [a bill of the costs that
have accrued in the district court].
(b) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037 when transferring a case
under this section.
(c) The clerk of the transferee court shall accept documents
transferred under Subsection (a) and docket the case.
(d) 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 (c), but may not physically or electronically mark
or stamp any other document transferred under Subsection (a).
(e) Sections 80.001 and 80.002 do not apply to the transfer
of documents under this section.
SECTION 3. Section 51.403, Government Code, is amended to
read as follows:
Sec. 51.403. TRANSFER OF CASES. (a) If a case is
transferred from a county court to a district court, the clerk of
the county court shall send to the district clerk using the
electronic filing system established under Section 72.031 [in
electronic or paper form]:
(1) a transfer certificate and index of transferred
documents [certified transcript of the proceedings held in the
county court];
(2) a copy of the order of transfer signed by the
transferring court [the original papers filed in the county court];
and
(3) a copy of all documents required to be transferred
under rules adopted by the Office of Court Administration of the
Texas Judicial System under Section 72.037 [a bill of the costs that
have accrued in the county court].
(a-1) The clerk of the transferring court shall use the
standardized transfer certificate and index of transferred
documents form created by the Office of Court Administration of the
Texas Judicial System under Section 72.037 when transferring a case
under this section.
(a-2) The clerk of the transferee court shall accept
documents transferred under Subsection (a) and docket the case.
(a-3) 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 (a-2), but may not physically or electronically
mark or stamp any other document transferred under Subsection (a).
(b) If civil or criminal jurisdiction of a county court is
transferred to a district court, the clerk of the county court shall
send using the electronic filing system established under Section
72.031 a certified copy of the judgments rendered in the county
court that remain unsatisfied [, in electronic or paper form,] to
the district clerks of the appropriate counties.
(c) Sections 80.001 and 80.002 do not apply to the transfer
of documents under this section.
SECTION 4. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.037 to read as follows:
Sec. 72.037. PROCEDURE FOR TRANSFER OF CASES AND
PROCEEDINGS. (a) The office shall adopt rules prescribing the
documents to be transferred between courts when a transfer of a case
or proceeding is ordered under Section 155.207, Family Code, or
Section 51.3071 or 51.403 of this code.
(b) Rules adopted under this section must require the
transfer of the following documents relating to a transferred case
or proceeding:
(1) a copy of the original papers filed in the
transferring court;
(2) a copy of each final order;
(3) a copy of the transfer certificate and index of
transferred documents from each previous transfer; and
(4) a bill of any costs that have accrued in the
transferring court.
(c) The office shall develop and make available a
standardized transfer certificate and index of transferred
documents form to be used for the transfer of cases and proceedings
under Section 155.207, Family Code, and Sections 51.3071 and 51.403
of this code.
(d) In adopting rules and developing forms under this
section, the office shall consult with representatives of county
and district clerks.
SECTION 5. As soon as practicable after the effective date
of this Act, the Office of Court Administration of the Texas
Judicial System shall adopt rules and develop and make available
all forms and materials required by Section 72.037, Government
Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2021.