Texas 2023 - 88th Regular

Texas House Bill HB3403 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10930 AMF-F
2	2	By: Orr H.B. No. 3403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to court administration and costs; increasing certain
8	8	court costs; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.101, Estates Code, is amended to read
11	11	as follows:
12	12	Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
13	13	PROPER. If probate proceedings involving the same estate are
14	14	commenced in more than one county and the court making a
15	15	determination of venue as provided by Section 33.053 determines
16	16	that venue is proper in another county, the court clerk shall
17	17	transmit the file for the proceeding in accordance with the
18	18	procedures provided by Section 33.105 [make and retain a copy of the
19	19	entire file in the case and transmit the original file in electronic
20	20	or paper form] to the court in the county in which venue is proper.
21	21	The court to which the file is transmitted shall conduct the
22	22	proceeding in the same manner as if the proceeding had originally
23	23	been commenced in that county.
24	24	SECTION 2. Section 33.102(a), Estates Code, is amended to
25	25	read as follows:
26	26	(a) If it appears to the court at any time before the final
27	27	order in a probate proceeding is rendered that the court does not
28	28	have priority of venue over the proceeding, the court shall, on the
29	29	application of an interested person, transfer the proceeding to the
30	30	proper county by transmitting the file for the proceeding in
31	31	accordance with the procedures provided by Section 33.105 to the
32	32	proper court in that county [in electronic or paper form:
33	33	[(1) the original file in the case; and
34	34	[(2) certified copies of all entries that have been
35	35	made in the judge's probate docket in the proceeding].
36	36	SECTION 3. Section 33.103(b), Estates Code, is amended to
37	37	read as follows:
38	38	(b) The clerk of the court from which the probate proceeding
39	39	described by Subsection (a) is transferred shall transmit the file
40	40	for the proceeding in accordance with the procedures provided by
41	41	Section 33.105 to the court to which the proceeding is
42	42	transferred[:
43	43	[(1) the original file in the proceeding; and
44	44	[(2) a certified copy of the index].
45	45	SECTION 4. Subchapter C, Chapter 33, Estates Code, is
46	46	amended by adding Section 33.105 to read as follows:
47	47	Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If
48	48	a probate proceeding is transferred to a court in another county
49	49	under this chapter, the clerk of the transferring court shall send
50	50	to the clerk of the court to which the proceeding is transferred,
51	51	using the electronic filing system established under Section
52	52	72.031, Government Code:
53	53	(1) a transfer certificate and index of transferred
54	54	documents;
55	55	(2) a copy of each final order;
56	56	(3) a copy of the order of transfer signed by the
57	57	transferring court;
58	58	(4) a copy of the original papers filed in the
59	59	transferring court, including a copy of any will;
60	60	(5) a copy of the transfer certificate and index of
61	61	transferred documents from each previous transfer; and
62	62	(6) a bill of any costs accrued in the transferring
63	63	court.
64	64	(b) The clerk of the transferring court shall use the
65	65	standardized transfer certificate and index of transferred
66	66	documents form developed by the Office of Court Administration of
67	67	the Texas Judicial System under Section 72.037, Government Code,
68	68	when transferring a proceeding under this section.
69	69	(c) The clerk of the transferring court shall keep a copy of
70	70	the documents transferred under Subsection (a).
71	71	(d) The clerk of the court to which the proceeding is
72	72	transferred shall:
73	73	(1) accept documents transferred under Subsection
74	74	(a);
75	75	(2) docket the proceeding; and
76	76	(3) notify, using the electronic filing system
77	77	established under Section 72.031, Government Code, all parties to
78	78	the proceeding, the clerk of the transferring court, and, if
79	79	appropriate, the transferring court's local registry that the
80	80	proceeding has been docketed.
81	81	(e) The clerk of the transferee court shall physically or
82	82	electronically mark or stamp the transfer certificate and index of
83	83	transferred documents to evidence the date and time of acceptance
84	84	under Subsection (d) but may not physically or electronically mark
85	85	or stamp any other document transferred under Subsection (a).
86	86	(f) The clerks of both the transferee and transferring
87	87	courts may each produce under Chapter 51, Government Code,
88	88	certified or uncertified copies of documents transferred under
89	89	Subsection (a) but must include a copy of the transfer certificate
90	90	and index of transferred documents with each document produced.
91	91	(g) Sections 80.001 and 80.002, Government Code, do not
92	92	apply to the transfer of documents under this section.
93	93	SECTION 5. Section 1023.006, Estates Code, is amended to
94	94	read as follows:
95	95	Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the
96	96	10th working day after the date [When] an order of transfer is
97	97	signed [made] under Section 1023.005, the clerk shall record any
98	98	unrecorded papers of the guardianship required to be recorded. On
99	99	payment of the clerk's fee, the clerk shall send, using the
100	100	electronic filing system established under Section 72.031,
101	101	Government Code, [transmit in electronic or paper form] to the
102	102	county clerk of the county to which the guardianship was ordered
103	103	transferred:
104	104	(1) a transfer certificate and index of transferred
105	105	documents [the case file of the guardianship proceedings]; [and]
106	106	(2) a copy of each final order;
107	107	(3) a copy of the order of transfer signed by the
108	108	transferring court;
109	109	(4) a copy of the original papers filed in the
110	110	transferring court;
111	111	(5) a copy of the transfer certificate and index of
112	112	transferred documents from each previous transfer; and
113	113	(6) a bill of any costs accrued in the transferring
114	114	court [a certified copy of the index of the guardianship records].
115	115	(b) The clerk of the transferring court shall use the
116	116	standardized transfer certificate and index of transferred
117	117	documents form developed by the Office of Court Administration of
118	118	the Texas Judicial System under Section 72.037, Government Code,
119	119	when transferring a proceeding under this section.
120	120	(c) The clerk of the transferring court shall keep a copy of
121	121	the documents transferred under Subsection (a).
122	122	(d) The clerk of the court to which the proceeding is
123	123	transferred shall:
124	124	(1) accept documents transferred under Subsection
125	125	(a);
126	126	(2) docket the suit; and
127	127	(3) notify, using the electronic filing system
128	128	established under Section 72.031, Government Code, all parties, the
129	129	clerk of the transferring court, and, if appropriate, the
130	130	transferring court's local registry that the suit has been
131	131	docketed.
132	132	(e) The clerk of the transferee court shall physically or
133	133	electronically mark or stamp the transfer certificate and index of
134	134	transferred documents to evidence the date and time of acceptance
135	135	under Subsection (d), but may not physically or electronically mark
136	136	or stamp any other document transferred under Subsection (a).
137	137	(f) The clerk of the transferring court shall send a
138	138	certified copy of the order directing payments to the transferee
139	139	court to:
140	140	(1) any party affected by the order and, if
141	141	appropriate, to the local registry of the transferee court using
142	142	the electronic filing system established under Section 72.031,
143	143	Government Code; and
144	144	(2) an employer affected by the order electronically
145	145	or by first class mail.
146	146	(g) The clerks of both the transferee and transferring
147	147	courts may each produce under Chapter 51, Government Code,
148	148	certified or uncertified copies of documents transferred under
149	149	Subsection (a) but must include a copy of the transfer certificate
150	150	and index of transferred documents with each document produced.
151	151	(h) Sections 80.001 and 80.002, Government Code, do not
152	152	apply to the transfer of documents under this section.
153	153	SECTION 6. Section 1023.007, Estates Code, is amended to
154	154	read as follows:
155	155	Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
156	156	a guardianship does not take effect until the clerk of the court to
157	157	which the proceeding is transferred accepts and dockets the case
158	158	record under Section 1023.006[:
159	159	[(1) the case file and a certified copy of the index
160	160	required by Section 1023.006 are filed in electronic or paper form
161	161	in the office of the county clerk of the county to which the
162	162	guardianship was ordered transferred; and
163	163	[(2) a certificate under the clerk's official seal and
164	164	reporting the filing of the case file and a certified copy of the
165	165	index is filed in electronic or paper form in the court ordering the
166	166	transfer by the county clerk of the county to which the guardianship
167	167	was ordered transferred].
168	168	SECTION 7. Section 110.002, Family Code, is amended by
169	169	amending Subsection (a) and adding Subsection (d) to read as
170	170	follows:
171	171	(a) The clerk of the court may collect a filing fee of $80
172	172	[$15] in a suit for filing:
173	173	(1) a suit or motion for modification;
174	174	(2) a motion for enforcement;
175	175	(3) a notice of application for judicial writ of
176	176	withholding;
177	177	(4) [a motion to transfer;
178	178	[(5)] a petition for license suspension;
179	179	(5) [(6)] a motion to revoke a stay of license
180	180	suspension; or
181	181	(6) [(7)] a motion for contempt.
182	182	(d) Fees collected under this section are to be remitted and
183	183	allocated as provided by Chapter 135, Local Government Code.
184	184	SECTION 8. Section 110.005(a), Family Code, is amended to
185	185	read as follows:
186	186	(a) The fee for filing a transferred case is $80 [$45]
187	187	payable to the clerk of the court to which the case is transferred.
188	188	Fees collected under this section are to be remitted and allocated
189	189	as provided by Chapters 133 and 135, Local Government Code, as
190	190	applicable [No portion of this fee may be sent to the state].
191	191	SECTION 9. Sections 155.207(a), (b), and (e), Family Code,
192	192	are amended to read as follows:
193	193	(a) Not later than the 10th working day after the date an
194	194	order of transfer is signed, the clerk of the court transferring a
195	195	proceeding shall send, using the electronic filing system
196	196	established under Section 72.031, Government Code, to the proper
197	197	court [in the county] to which transfer is being made:
198	198	(1) a transfer certificate and index of transferred
199	199	documents;
200	200	(2) a copy of each final order;
201	201	(3) a copy of the order of transfer signed by the
202	202	transferring court;
203	203	(4) a copy of the original papers filed in the
204	204	transferring court;
205	205	(5) a copy of the transfer certificate and index of
206	206	transferred documents from each previous transfer; and
207	207	(6) a bill of any costs that have accrued in the
208	208	transferring court.
209	209	(b) The clerk of the transferring court shall keep a copy of
210	210	the documents transferred under Subsection (a) [transferred
211	211	pleadings].
212	212	(e) The clerks of both the transferee and transferring
213	213	courts may each produce under Chapter 51, Government Code,
214	214	certified or uncertified copies of documents transferred under
215	215	Subsection (a) and must [filed in a case transferred under this
216	216	section, but shall also] include a copy of the transfer certificate
217	217	and index of transferred documents with each document produced.
218	218	SECTION 10. Section 51.3071, Government Code, is amended by
219	219	amending Subsection (a) and adding Subsections (f) and (g) to read
220	220	as follows:
221	221	(a) If a case is transferred from a district court to a
222	222	constitutional or statutory county court or another district court,
223	223	the clerk of the transferring [district] court shall send to the
224	224	[county] clerk of the court to which the case is transferred, using
225	225	the electronic filing system established under Section 72.031:
226	226	(1) a transfer certificate and index of transferred
227	227	documents;
228	228	(2) a copy of the original papers filed in the
229	229	transferring court;
230	230	(3) a copy of the order of transfer signed by the
231	231	transferring court;
232	232	(4) a copy of each final order;
233	233	(5) a copy of the transfer certificate and index of
234	234	transferred documents from each previous transfer; and
235	235	(6) a bill of any costs that have accrued in the
236	236	transferring court.
237	237	(f) The clerks of both the transferee and transferring
238	238	courts may each produce, under this chapter, certified or
239	239	uncertified copies of documents transferred under Subsection (a)
240	240	and must include a copy of the transfer certificate and index of
241	241	transferred documents with each document produced.
242	242	(g) This section applies regardless of whether the
243	243	transferee court and the transferring court are in the same or
244	244	different counties.
245	245	SECTION 11. Section 51.318(b), Government Code, is amended
246	246	to read as follows:
247	247	(b) The fees are:
248	248	(1) for issuing a subpoena, including one copy$8;
249	249	(2) for issuing a citation, commission for deposition,
250	250	writ of execution, order of sale, writ of execution and order of
251	251	sale, writ of injunction, writ of garnishment, writ of attachment,
252	252	or writ of sequestration, or any other writ or process not otherwise
253	253	provided for, including one copy if required by law$8;
254	254	(3) for searching files or records to locate a cause
255	255	when the docket number is not provided or to ascertain the existence
256	256	of an instrument or record in the district clerk's office$5;
257	257	(4) for abstracting a judgment$8;
258	258	(5) for preparation of the clerk's record on appeal,
259	259	for each page or part of a page$1;
260	260	(6) for approving a bond$5;
261	261	(7) for a certified copy of a record, judgment, order,
262	262	pleading, or paper on file or of record in the district clerk's
263	263	office[, printed on paper]:
264	264	(A) including certificate and seal$5; and
265	265	(B) for each page or part of a page:
266	266	(i) printed on paper$1;
267	267	(ii) that is a paper document converted to
268	268	electronic format$1; or
269	269	(iii) that is an electronic copy of an
270	270	electronic document:
271	271	(a) for a document up to 10 pages in
272	272	length$1; and
273	273	(b) for each page or part of a page
274	274	over 10 pages$0.10;
275	275	(8) for a noncertified copy:
276	276	(A) printed on paper, for each page or part of a
277	277	page$1;
278	278	(B) that is a paper document converted to
279	279	electronic format, for each page or part of a page$1; or
280	280	(C) that is an electronic copy of an electronic
281	281	document:
282	282	(i) for each document up to 10 pages in
283	283	length$1; and
284	284	(ii) for each page or part of a page over 10
285	285	pages$0.10;
286	286	(9) for preparation of the clerk's record of transfer
287	287	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
288	288	Family Code, and Sections 51.3071 and 51.403 of this code:
289	289	(A) for the clerk's transfer certificate and
290	290	index$5;
291	291	(B) for each page or part of a page of a case
292	292	record up to 10 pages in length$1.00; and
293	293	(C) for each page or part of a page of a case
294	294	record over 10 pages$0.10.
295	295	SECTION 12. Section 51.403, Government Code, is amended by
296	296	amending Subsection (a) and adding Subsections (d) and (e) to read
297	297	as follows:
298	298	(a) If a case is transferred from a county court to a
299	299	district court or a statutory county court or a county court of
300	300	another county, the clerk of the transferring [county] court shall
301	301	send to the [district] clerk of the court to which the case is
302	302	transferred, using the electronic filing system established under
303	303	Section 72.031:
304	304	(1) a transfer certificate and index of transferred
305	305	documents;
306	306	(2) a copy of the original papers filed in the
307	307	transferring court;
308	308	(3) a copy of the order of transfer signed by the
309	309	transferring court;
310	310	(4) a copy of each final order;
311	311	(5) a copy of the transfer certificate and index of
312	312	transferred documents from each previous transfer; and
313	313	(6) a bill of any costs that have accrued in the
314	314	transferring court.
315	315	(d) The clerks of both the transferee and transferring
316	316	courts may each produce, under this chapter, certified or
317	317	uncertified copies of documents transferred under Subsection (a)
318	318	and must include a copy of the transfer certificate and index of
319	319	transferred documents with each document produced.
320	320	(e) This section applies regardless of whether the
321	321	transferee court and the transferring court are in the same or
322	322	different counties.
323	323	SECTION 13. Section 72.037(a), Government Code, is amended
324	324	to read as follows:
325	325	(a) The office shall develop and make available a
326	326	standardized transfer certificate and an index of transferred
327	327	documents form to be used for the transfer of cases and proceedings
328	328	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
329	329	Family Code, and Sections 51.3071 and 51.403 of this code.
330	330	SECTION 14. Section 118.011(a), Local Government Code, is
331	331	amended to read as follows:
332	332	(a) A county clerk shall collect the following fees for
333	333	services rendered to any person:
334	334	(1) Personal Property Records Filing (Sec. 118.012):
335	335	(A) for the first page$ 5.00;
336	336	(B) for each additional page or part of a page on
337	337	which there are visible marks of any kind$ 4.00;
338	338	(2) Real Property Records Filing (Sec. 118.013):
339	339	(A) for the first page$ 5.00;
340	340	(B) for each additional page or part of a page on
341	341	which there are visible marks of any kind$ 4.00;
342	342	(C) for all or part of each 8-1/2" X
343	343	14" attachment or rider$ 4.00;
344	344	(D) for each name in excess of five names that has
345	345	to be indexed in all records in which the document must be
346	346	indexed$ 0.25;
347	347	(3) Certified Papers (Sec. 118.014):
348	348	(A) for the clerk's certificate$ 5.00;
349	349	(B) printed on paper, plus a fee for each page or
350	350	part of a page$ 1.00;
351	351	(C) that is a paper document converted to
352	352	electronic format, for each page or part of a page$1;
353	353	(D) that is an electronic copy of an electronic
354	354	document:
355	355	(i) for each document up to 10 pages in
356	356	length$1;
357	357	(ii) for each page or part of a page of a
358	358	document over 10 pages$0.10;
359	359	(4) Noncertified Papers (Sec. 118.0145):
360	360	(A) printed on paper, for each page or part of a
361	361	page$ 1.00;
362	362	(B) that is a paper document converted to
363	363	electronic format, for each page or part of a page$1;
364	364	(C) that is an electronic copy of an electronic
365	365	document:
366	366	(i) for each document up to 10 pages in
367	367	length$1;
368	368	(ii) for each page or part of a page of a
369	369	document over 10 pages$0.10;
370	370	(5) Birth or Death Certificate (Sec.
371	371	118.015)same as state registrar;
372	372	(6) Bond Approval (Sec. 118.016)$ 3.00;
373	373	(7) Marriage License (Sec. 118.018)$60.00;
374	374	(8) Declaration of Informal Marriage (Sec.
375	375	118.019)$25.00;
376	376	(9) Brand Registration (Sec. 118.020)$ 5.00;
377	377	(10) Oath Administration (Sec. 118.021)$ 1.00.
378	378	SECTION 15. Section 118.052, Local Government Code, is
379	379	amended to read as follows:
380	380	Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
381	381	shall collect the following fees for services rendered to any
382	382	person:
383	383	(1) CIVIL COURT ACTIONS
384	384	(A) Preparation of the clerk's record of transfer
385	385	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
386	386	Family Code, and Sections 51.3071 and 51.403, Government Code:
387	387	(i) for the clerk's transfer certificate
388	388	and index . . . . . . $5; and
389	389	(ii) for each page or part of a page of a
390	390	case record up to 10 pages in length . . . . . . $1.00;
391	391	(iii) for each page or part of a page of a
392	392	case record over 10 pages . . . . . . $0.10; [Filing
393	393	of Garnishment after judgment . . . $15.00]
394	394	(B) Services Rendered After Judgment in Original
395	395	Action (Sec. 118.0545):
396	396	(i) Abstract of judgment . . . $ 8.00;
397	397	(ii) Execution, order of sale, writ, or
398	398	other process . . . $ 8.00;
399	399	(2) PROBATE COURT ACTIONS
400	400	(A) Services in Pending Probate Action (Sec.
401	401	118.056):
402	402	(i) Filing an inventory and appraisement as
403	403	provided by Section 118.056(d) . . . $25.00;
404	404	(ii) Approving and recording bond . . .
405	405	$ 5.00;
406	406	(iii) Administering oath . . . $ 2.00;
407	407	(iv) Filing annual or final account of
408	408	estate . . . $25.00;
409	409	(v) Filing application for sale of real or
410	410	personal property . . . $25.00;
411	411	(vi) Filing annual or final report of
412	412	guardian of a person . . . $10.00;
413	413	(vii) Filing a document not listed under
414	414	this paragraph after the filing of an order approving the inventory
415	415	and appraisement or after the 120th day after the date of the
416	416	initial filing of the action, whichever occurs first, if more than
417	417	25 pages . . . $25.00;
418	418	(B) Claim Against Estate (Sec. 118.058) . . .
419	419	$10.00;
420	420	(C) Preparation of the clerk's record of transfer
421	421	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
422	422	Family Code, and Sections 51.3071 and 51.403, Government Code:
423	423	(i) for the clerk's transfer certificate
424	424	and index . . . . . . $5;
425	425	(ii) for each page or part of a page of a
426	426	case record up to 10 pages in length . . . . . . $1.00;
427	427	(iii) for each page or part of a page of a
428	428	case record over 10 pages . . . . . . $0.10;
429	429	(3) OTHER FEES
430	430	(A) Issuing Document (Sec. 118.059):
431	431	(i) original document and one copy . . .
432	432	$ 8.00;
433	433	(ii) each additional set of an original and
434	434	one copy . . . $ 8.00;
435	435	(B) Certified Papers (Sec. 118.060):
436	436	(i) for the clerk's certificate . . .
437	437	$ 5.00;
438	438	(ii) printed on paper, plus a fee per page
439	439	or part of a page of . . . $ 1.00;
440	440	(iii) that is a paper document converted to
441	441	electronic format, for each page or part of a page . . . . . . $1;
442	442	(iv) that is an electronic copy of an
443	443	electronic document:
444	444	(a) for each document up to 10 pages
445	445	in length . . . . . . $1;
446	446	(b) for each page or part of a page of
447	447	a document over 10 pages . . . . . . $0.10;
448	448	(C) Noncertified Papers (Sec. 118.0605):
449	449	(i) printed on paper, for each page or part
450	450	of a page . . . $ 1.00;
451	451	(ii) that is a paper converted to
452	452	electronic format, for each page or part of a page . . . $ 1.00;
453	453	(iii) that is an electronic copy of an
454	454	electronic document:
455	455	(a) [(i)] for each document up to 10
456	456	pages in length . . . $ 1.00; [and]
457	457	(b) [(ii)] for each page or part of a
458	458	page of a document over 10 pages . . . $ 0.10;
459	459	(D) Letters Testamentary, Letter of
460	460	Guardianship, Letter of Administration, or Abstract of Judgment
461	461	(Sec. 118.061) . . . $ 2.00;
462	462	(E) Deposit and Safekeeping of Wills (Sec.
463	463	118.062) . . . $ 5.00;
464	464	(F) Mail Service of Process (Sec. 118.063) . . .
465	465	same as sheriff;
466	466	(G) Searching files or records to locate a cause
467	467	when the docket number is not provided . . . $ 5.00;
468	468	(H) Records Technology and Infrastructure Fee if
469	469	authorized by the commissioners court of the county (Sec. 118.026)
470	470	. . . $ 2.00;
471	471	(I) Preparation of the clerk's record for appeal,
472	472	per page or part of a page . . . $1.00.
473	473	SECTION 16. Section 118.131(a), Local Government Code, is
474	474	amended to read as follows:
475	475	(a) The commissioners court of a county may set reasonable
476	476	fees to be charged for service of process, including service of
477	477	writs, [services] by the offices of the sheriff and constables.
478	478	SECTION 17. Sections 133.151(a) and (a-1), Local Government
479	479	Code, are amended to read as follows:
480	480	(a) The clerk of a district court, statutory county court,
481	481	statutory probate court, or county court shall collect:
482	482	(1) a fee in the amount of $137 on the filing of any
483	483	civil, probate, guardianship, or mental health case; and
484	484	(2) a fee in the amount of $45 on any action other than
485	485	an original action subject to Subdivision (1), including [an appeal
486	486	and] any counterclaim, cross-action, intervention, contempt
487	487	action, adverse probate action, interpleader, motion for new trial,
488	488	motion to reinstate, or third-party action.
489	489	(a-1) The clerk of a justice court shall collect a fee in the
490	490	amount of $21 on the filing of any civil case and on any action other
491	491	than an original action for the civil case, including an appeal and
492	492	any counterclaim, cross-action, intervention, contempt action,
493	493	interpleader, motion for new trial, motion to reinstate, or
494	494	third-party action.
495	495	SECTION 18. Section 134.101(b), Local Government Code, is
496	496	amended to read as follows:
497	497	(b) The treasurer shall allocate the court costs received
498	498	under this section to the following accounts and funds so that each
499	499	receives to the extent practicable, utilizing historical data as
500	500	applicable, the same amount of money the account or fund would have
501	501	received if the court costs for the accounts and funds had been
502	502	collected and reported separately, except that the account or fund
503	503	may not receive less than the following percentages:
504	504	(1) the clerk of the court account38.0953 percent;
505	505	(2) the clerks [county] records management and
506	506	preservation fund23.8095 percent;
507	507	(3) the county jury fund0.9524 percent;
508	508	(4) the courthouse security fund9.5238 percent;
509	509	(5) the county and district court technology
510	510	fund3.8095 percent; and
511	511	(6) the county specialty court account23.8095
512	512	percent.
513	513	SECTION 19. Section 134.102(b), Local Government Code, is
514	514	amended to read as follows:
515	515	(b) The treasurer shall allocate the court costs received
516	516	under this section to the following accounts and funds so that each
517	517	receives to the extent practicable, utilizing historical data as
518	518	applicable, the same amount of money the account or fund would have
519	519	received if the court costs for the accounts and funds had been
520	520	collected and reported separately, except that the account or fund
521	521	may not receive less than the following percentages:
522	522	(1) the clerk of the court account32.5203 percent;
523	523	(2) the clerks [county] records management and
524	524	preservation fund20.3252 percent;
525	525	(3) the account for prosecutor's
526	526	fees16.2602 percent;
527	527	(4) the county jury fund0.8130 percent;
528	528	(5) the courthouse security fund8.1301 percent;
529	529	(6) the county and district court technology
530	530	fund3.2520 percent;
531	531	(7) the court reporter service fund2.4390percent; and
532	532	(8) the county specialty court account16.2602
533	533	percent.
534	534	SECTION 20. Section 134.155, Local Government Code, is
535	535	amended to read as follows:
536	536	Sec. 134.155. CLERKS [COUNTY] RECORDS MANAGEMENT AND
537	537	PRESERVATION FUND. Money allocated under Section 134.101 or
538	538	134.102 to the clerks [county] records management and preservation
539	539	fund maintained in the county treasury as required by Section
540	540	134.151 may be used by a clerk [county] only to fund records
541	541	management and preservation services performed by the [court] clerk
542	542	who collects the fee.
543	543	SECTION 21. Section 135.101, Local Government Code, is
544	544	amended to read as follows:
545	545	Sec. 135.101. LOCAL CONSOLIDATED CIVIL FEE FOR CERTAIN
546	546	CIVIL CASES IN DISTRICT COURT, STATUTORY COUNTY COURT, OR COUNTY
547	547	COURT. (a) A person shall pay in a district court, statutory
548	548	county court, or county court in addition to all other fees and
549	549	court costs a local consolidated filing fee of:
550	550	(1) $213 on filing any civil case except a probate,
551	551	guardianship, or mental health case; and
552	552	(2) $35 on any action other than an original action for
553	553	a case subject to Subdivision (1), including an appeal and any
554	554	counterclaim, cross-action, intervention, contempt action,
555	555	interpleader, motion for new trial, motion to reinstate, or
556	556	third-party action.
557	557	(b) The county treasurer shall allocate the fees received
558	558	under Subsection (a)(1) to the following accounts and funds so that
559	559	each receives to the extent practicable, utilizing historical data
560	560	as applicable, the same amount of money the account or fund would
561	561	have received if the fees for the accounts and funds had been
562	562	collected and reported separately, except that the account or fund
563	563	may not receive less than the following percentages:
564	564	(1) the appellate judicial system
565	565	fund2.3474 percent;
566	566	(2) the court facility fee fund9.3897 percent;
567	567	(3) the clerk of the court account23.4742 percent;
568	568	(4) the clerks [county] records management and
569	569	preservation account14.0845 percent;
570	570	(5) the court reporter service
571	571	fund11.7371 percent;
572	572	(6) the county law library fund16.4319 percent;
573	573	(7) the courthouse security fund9.3897 percent;
574	574	(8) the language access fund1.4085 percent;
575	575	(9) the county jury fund4.6948 percent; and
576	576	(10) the county dispute resolution fund7.0423
577	577	percent.
578	578	(c) The county treasurer shall allocate the fees received
579	579	under Subsection (a)(2) to the following accounts and funds so that
580	580	each receives to the extent practicable, utilizing historical data
581	581	as applicable, the same amount of money the account or fund would
582	582	have received if the fees for the accounts and funds had been
583	583	collected and reported separately, except that the account or fund
584	584	may not receive less than the following percentages:
585	585	(1) the clerk of the court
586	586	account42.8571 percent; and
587	587	(2) the clerks [county] records management and
588	588	preservation account57.1429 percent.
589	589	SECTION 22. Sections 135.102(b) and (c), Local Government
590	590	Code, are amended to read as follows:
591	591	(b) The county treasurer shall allocate the fees received
592	592	under Subsection (a)(1) to the following accounts and funds so that
593	593	each receives to the extent practicable, utilizing historical data
594	594	as applicable, the same amount of money the account or fund would
595	595	have received if the fees for the accounts and funds had been
596	596	collected and reported separately, except that the account or fund
597	597	may not receive less than the following percentages:
598	598	(1) the appellate judicial system
599	599	fund2.2422 percent;
600	600	(2) the court facility fee fund8.9686 percent;
601	601	(3) the clerk of the court account17.9372 percent;
602	602	(4) the clerks [county] records management and
603	603	preservation account6.7265 percent;
604	604	(5) the court reporter service
605	605	fund11.2108 percent;
606	606	(6) the county law library fund15.6951 percent;
607	607	(7) the courthouse security fund8.9686 percent;
608	608	(8) the language access fund1.3453 percent;
609	609	(9) the county jury fund4.4841 percent;
610	610	(10) the county dispute resolution fund6.7265
611	611	percent;
612	612	(11) the court-initiated guardianship fund8.9686
613	613	percent;
614	614	(12) the judicial education and support fund2.2422
615	615	percent; and
616	616	(13) the public probate administrator fund4.4843
617	617	percent.
618	618	(c) The county treasurer shall allocate the fees received
619	619	under Subsection (a)(2) to the following accounts and funds so that
620	620	each receives to the extent practicable, utilizing historical data
621	621	as applicable, the same amount of money the account or fund would
622	622	have received if the fees for the accounts and funds had been
623	623	collected and reported separately, except that the account or fund
624	624	may not receive less than the following percentages:
625	625	(1) the clerk of the court account53.3333 percent;
626	626	(2) the clerks [county] records management and
627	627	preservation account6.6667 percent;
628	628	(3) the court-initiated guardianship fund26.6667
629	629	percent; and
630	630	(4) the public probate administrator fund13.3333
631	631	percent.
632	632	SECTION 23. Section 135.103(a), Local Government Code, is
633	633	amended to read as follows:
634	634	(a) In addition to all other fees and court costs, a person
635	635	shall pay a local consolidated filing fee of $33 on filing of any
636	636	civil case in a justice court and on any action other than an
637	637	original action for a civil case, including an appeal and any
638	638	counterclaim, cross-action, intervention, contempt action,
639	639	interpleader, motion for new trial, motion to reinstate, or
640	640	third-party action.
641	641	SECTION 24. Section 135.154, Local Government Code, is
642	642	amended to read as follows:
643	643	Sec. 135.154. CLERKS [COUNTY] RECORDS MANAGEMENT AND
644	644	PRESERVATION ACCOUNT. Money allocated under Section 135.101 or
645	645	135.102 to the clerks [county] records management and preservation
646	646	account maintained in the county treasury as required by Section
647	647	135.151 may be used by a clerk [county] only to fund records
648	648	management and preservation services, including automation,
649	649	performed by the [court] clerk who collects the fee on approval by
650	650	the commissioners court of a budget as provided by Chapter 111. An
651	651	expenditure from the fund must comply with Subchapter C, Chapter
652	652	262.
653	653	SECTION 25. (a) Effective September 1, 2023, Section
654	654	33.103(c), Estates Code, is repealed.
655	655	(b) Effective January 1, 2024, Section 291.008, Local
656	656	Government Code, is repealed.
657	657	SECTION 26. As soon as practicable after January 1, 2024,
658	658	the Office of Court Administration of the Texas Judicial System
659	659	shall develop and make available all forms and materials required
660	660	by Section 72.037, Government Code, as amended by this Act.
661	661	SECTION 27. (a) Except as provided by Subsection (b) of this
662	662	section or as otherwise provided by this Act, this Act takes effect
663	663	January 1, 2024.
664	664	(b) The following provisions take effect September 1, 2023:
665	665	(1) Sections 33.101, 33.102(a), 33.103(b), 1023.006,
666	666	and 1023.007, Estates Code, as amended by this Act;
667	667	(2) Section 33.105, Estates Code, as added by this
668	668	Act;
669	669	(3) Sections 155.207(a), (b), and (e), Family Code, as
670	670	amended by this Act; and
671	671	(4) Sections 51.3071 and 51.403, Government Code, as
672	672	amended by this Act.