Texas 2021 - 87th Regular

Texas Senate Bill SB2027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R4616 TSS-F
2	2	By: Creighton S.B. No. 2027
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure for transferring certain cases and
8	8	proceedings between courts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 155.207, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 155.207. TRANSFER OF COURT FILES. (a) Not later than
13	13	the 10th working day after the date an order of transfer is signed,
14	14	the clerk of the court transferring a proceeding shall send, using
15	15	the electronic filing system established under Section 72.031,
16	16	Government Code, to the proper court in the county to which transfer
17	17	is being made:
18	18	(1) a transfer certificate and index of transferred
19	19	documents [the pleadings in the pending proceeding and any other
20	20	document specifically requested by a party];
21	21	(2) [certified copies of all entries in the minutes;
22	22	[(3) a certified copy of each final order; and
23	23	[(4)] a [certified] copy of the order of transfer
24	24	signed by the transferring court; and
25	25	(3) a copy of all documents required to be transferred
26	26	under rules adopted by the Office of Court Administration of the
27	27	Texas Judicial System under Section 72.037, Government Code.
28	28	(a-1) The clerk of the transferring court shall use the
29	29	standardized transfer certificate and index of transferred
30	30	documents form created by the Office of Court Administration of the
31	31	Texas Judicial System under Section 72.037, Government Code, when
32	32	transferring a proceeding under this section.
33	33	(b) The clerk of the transferring court shall keep a copy of
34	34	[the] transferred pleadings [and other requested documents. If the
35	35	transferring court retains jurisdiction of another child who was
36	36	the subject of the suit, the clerk shall send a copy of the
37	37	pleadings and other requested documents to the court to which the
38	38	transfer is made and shall keep the original pleadings and other
39	39	requested documents].
40	40	(c) The [On receipt of the pleadings, documents, and orders
41	41	from the transferring court, the] clerk of the transferee court
42	42	shall:
43	43	(1) accept documents transferred under Subsection
44	44	(a);
45	45	(2) docket the suit; and
46	46	(3) [shall] notify, using the electronic filing system
47	47	established under Section 72.031, Government Code [the judge of the
48	48	transferee court], all parties, the clerk of the transferring
49	49	court, and, if appropriate, the transferring court's local registry
50	50	that the suit has been docketed.
51	51	(c-1) The clerk of the transferee court shall physically or
52	52	electronically mark or stamp the transfer certificate and index of
53	53	transferred documents to evidence the date and time of acceptance
54	54	under Subsection (c), but may not physically or electronically mark
55	55	or stamp any other document transferred under Subsection (a).
56	56	(d) The clerk of the transferring court shall send a
57	57	certified copy of the order directing payments to the transferee
58	58	court:
59	59	(1) [,] to any party [or employer] affected by the
60	60	[that] order, and, if appropriate, to the local registry of the
61	61	transferee court using the electronic filing system established
62	62	under Section 72.031, Government Code; and
63	63	(2) to an employer affected by the order
64	64	electronically or by first class mail.
65	65	(e) The clerks of both the transferee and transferring
66	66	courts may each produce under Chapter 51, Government Code,
67	67	certified or uncertified copies of documents filed in a case
68	68	transferred under this section, but shall also include a copy of the
69	69	transfer certificate and index of transferred documents with each
70	70	document produced.
71	71	(f) Sections 80.001 and 80.002, Government Code, do not
72	72	apply to the transfer of documents under this section.
73	73	SECTION 2. Section 51.3071, Government Code, is amended to
74	74	read as follows:
75	75	Sec. 51.3071. TRANSFER OF CASES. (a) If a case is
76	76	transferred from a district court to a county court, the clerk of
77	77	the district court shall [may] send to the county clerk using the
78	78	electronic filing system established under Section 72.031 [in
79	79	electronic or paper form]:
80	80	(1) a transfer certificate and index of transferred
81	81	documents [certified transcript of the proceedings held in the
82	82	district court];
83	83	(2) a copy of the order of transfer signed by the
84	84	transferring court [the original papers filed in the district
85	85	court]; and
86	86	(3) a copy of all documents required to be transferred
87	87	under rules adopted by the Office of Court Administration of the
88	88	Texas Judicial System under Section 72.037 [a bill of the costs that
89	89	have accrued in the district court].
90	90	(b) The clerk of the transferring court shall use the
91	91	standardized transfer certificate and index of transferred
92	92	documents form created by the Office of Court Administration of the
93	93	Texas Judicial System under Section 72.037 when transferring a case
94	94	under this section.
95	95	(c) The clerk of the transferee court shall accept documents
96	96	transferred under Subsection (a) and docket the case.
97	97	(d) The clerk of the transferee court shall physically or
98	98	electronically mark or stamp the transfer certificate and index of
99	99	transferred documents to evidence the date and time of acceptance
100	100	under Subsection (c), but may not physically or electronically mark
101	101	or stamp any other document transferred under Subsection (a).
102	102	(e) Sections 80.001 and 80.002 do not apply to the transfer
103	103	of documents under this section.
104	104	SECTION 3. Section 51.403, Government Code, is amended to
105	105	read as follows:
106	106	Sec. 51.403. TRANSFER OF CASES. (a) If a case is
107	107	transferred from a county court to a district court, the clerk of
108	108	the county court shall send to the district clerk using the
109	109	electronic filing system established under Section 72.031 [in
110	110	electronic or paper form]:
111	111	(1) a transfer certificate and index of transferred
112	112	documents [certified transcript of the proceedings held in the
113	113	county court];
114	114	(2) a copy of the order of transfer signed by the
115	115	transferring court [the original papers filed in the county court];
116	116	and
117	117	(3) a copy of all documents required to be transferred
118	118	under rules adopted by the Office of Court Administration of the
119	119	Texas Judicial System under Section 72.037 [a bill of the costs that
120	120	have accrued in the county court].
121	121	(a-1) The clerk of the transferring court shall use the
122	122	standardized transfer certificate and index of transferred
123	123	documents form created by the Office of Court Administration of the
124	124	Texas Judicial System under Section 72.037 when transferring a case
125	125	under this section.
126	126	(a-2) The clerk of the transferee court shall accept
127	127	documents transferred under Subsection (a) and docket the case.
128	128	(a-3) The clerk of the transferee court shall physically or
129	129	electronically mark or stamp the transfer certificate and index of
130	130	transferred documents to evidence the date and time of acceptance
131	131	under Subsection (a-2), but may not physically or electronically
132	132	mark or stamp any other document transferred under Subsection (a).
133	133	(b) If civil or criminal jurisdiction of a county court is
134	134	transferred to a district court, the clerk of the county court shall
135	135	send using the electronic filing system established under Section
136	136	72.031 a certified copy of the judgments rendered in the county
137	137	court that remain unsatisfied [, in electronic or paper form,] to
138	138	the district clerks of the appropriate counties.
139	139	(c) Sections 80.001 and 80.002 do not apply to the transfer
140	140	of documents under this section.
141	141	SECTION 4. Subchapter C, Chapter 72, Government Code, is
142	142	amended by adding Section 72.037 to read as follows:
143	143	Sec. 72.037. PROCEDURE FOR TRANSFER OF CASES AND
144	144	PROCEEDINGS. (a) The office shall adopt rules prescribing the
145	145	documents to be transferred between courts when a transfer of a case
146	146	or proceeding is ordered under Section 155.207, Family Code, or
147	147	Section 51.3071 or 51.403 of this code.
148	148	(b) Rules adopted under this section must require the
149	149	transfer of the following documents relating to a transferred case
150	150	or proceeding:
151	151	(1) a copy of the original papers filed in the
152	152	transferring court;
153	153	(2) a copy of each final order;
154	154	(3) a copy of the transfer certificate and index of
155	155	transferred documents from each previous transfer; and
156	156	(4) a bill of any costs that have accrued in the
157	157	transferring court.
158	158	(c) The office shall develop and make available a
159	159	standardized transfer certificate and index of transferred
160	160	documents form to be used for the transfer of cases and proceedings
161	161	under Section 155.207, Family Code, and Sections 51.3071 and 51.403
162	162	of this code.
163	163	(d) In adopting rules and developing forms under this
164	164	section, the office shall consult with representatives of county
165	165	and district clerks.
166	166	SECTION 5. As soon as practicable after the effective date
167	167	of this Act, the Office of Court Administration of the Texas
168	168	Judicial System shall adopt rules and develop and make available
169	169	all forms and materials required by Section 72.037, Government
170	170	Code, as added by this Act.
171	171	SECTION 6. This Act takes effect September 1, 2021.