Texas 2023 - 88th Regular

Texas Senate Bill SB1612 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1612
2	2
3	3
4	4	AN ACT
5	5	relating to court administration and costs; increasing certain
6	6	court costs; authorizing fees.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 33.101, Estates Code, is amended to read
9	9	as follows:
10	10	Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
11	11	PROPER. If probate proceedings involving the same estate are
12	12	commenced in more than one county and the court making a
13	13	determination of venue as provided by Section 33.053 determines
14	14	that venue is proper in another county, the court clerk shall
15	15	transmit the file for the proceeding in accordance with the
16	16	procedures provided by Section 33.105 [make and retain a copy of the
17	17	entire file in the case and transmit the original file in electronic
18	18	or paper form] to the court in the county in which venue is proper.
19	19	The court to which the file is transmitted shall conduct the
20	20	proceeding in the same manner as if the proceeding had originally
21	21	been commenced in that county.
22	22	SECTION 2. Section 33.102(a), Estates Code, is amended to
23	23	read as follows:
24	24	(a) If it appears to the court at any time before the final
25	25	order in a probate proceeding is rendered that the court does not
26	26	have priority of venue over the proceeding, the court shall, on the
27	27	application of an interested person, transfer the proceeding to the
28	28	proper county by transmitting the file for the proceeding in
29	29	accordance with the procedures provided by Section 33.105 to the
30	30	proper court in that county [in electronic or paper form:
31	31	[(1) the original file in the case; and
32	32	[(2) certified copies of all entries that have been
33	33	made in the judge's probate docket in the proceeding].
34	34	SECTION 3. Section 33.103(b), Estates Code, is amended to
35	35	read as follows:
36	36	(b) The clerk of the court from which the probate proceeding
37	37	described by Subsection (a) is transferred shall transmit the file
38	38	for the proceeding in accordance with the procedures provided by
39	39	Section 33.105 to the court to which the proceeding is
40	40	transferred[:
41	41	[(1) the original file in the proceeding; and
42	42	[(2) a certified copy of the index].
43	43	SECTION 4. Subchapter C, Chapter 33, Estates Code, is
44	44	amended by adding Section 33.105 to read as follows:
45	45	Sec. 33.105. TRANSFER OF PROBATE PROCEEDING RECORD. (a) If
46	46	a probate proceeding is transferred to a court in another county
47	47	under this chapter, the clerk of the transferring court shall send
48	48	to the clerk of the court to which the proceeding is transferred,
49	49	using the electronic filing system established under Section
50	50	72.031, Government Code:
51	51	(1) a transfer certificate and index of transferred
52	52	documents;
53	53	(2) a copy of each final order;
54	54	(3) a copy of the order of transfer signed by the
55	55	transferring court;
56	56	(4) a copy of the original papers filed in the
57	57	transferring court, including a copy of any will;
58	58	(5) a copy of the transfer certificate and index of
59	59	transferred documents from each previous transfer; and
60	60	(6) a bill of any costs accrued in the transferring
61	61	court.
62	62	(b) The clerk of the transferring court shall use the
63	63	standardized transfer certificate and index of transferred
64	64	documents form developed by the Office of Court Administration of
65	65	the Texas Judicial System under Section 72.037, Government Code,
66	66	when transferring a proceeding under this section.
67	67	(c) The clerk of the transferring court shall keep a copy of
68	68	the documents transferred under Subsection (a).
69	69	(d) The clerk of the court to which the proceeding is
70	70	transferred shall:
71	71	(1) accept documents transferred under Subsection
72	72	(a);
73	73	(2) docket the proceeding; and
74	74	(3) notify, using the electronic filing system
75	75	established under Section 72.031, Government Code, all parties to
76	76	the proceeding, the clerk of the transferring court, and, if
77	77	appropriate, the transferring court's local registry that the
78	78	proceeding has been docketed.
79	79	(e) The clerk of the transferee court shall physically or
80	80	electronically mark or stamp the transfer certificate and index of
81	81	transferred documents to evidence the date and time of acceptance
82	82	under Subsection (d) but may not physically or electronically mark
83	83	or stamp any other document transferred under Subsection (a).
84	84	(f) The clerks of both the transferee and transferring
85	85	courts may each produce under Chapter 51, Government Code,
86	86	certified or uncertified copies of documents transferred under
87	87	Subsection (a) but must include a copy of the transfer certificate
88	88	and index of transferred documents with each document produced.
89	89	(g) Sections 80.001 and 80.002, Government Code, do not
90	90	apply to the transfer of documents under this section.
91	91	SECTION 5. Section 1023.006, Estates Code, is amended to
92	92	read as follows:
93	93	Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the
94	94	10th working day after the date [When] an order of transfer is
95	95	signed [made] under Section 1023.005, the clerk shall record any
96	96	unrecorded papers of the guardianship required to be recorded. On
97	97	payment of the clerk's fee, the clerk shall send, using the
98	98	electronic filing system established under Section 72.031,
99	99	Government Code, [transmit in electronic or paper form] to the
100	100	county clerk of the county to which the guardianship was ordered
101	101	transferred:
102	102	(1) a transfer certificate and index of transferred
103	103	documents [the case file of the guardianship proceedings]; [and]
104	104	(2) a copy of each final order;
105	105	(3) a copy of the order of transfer signed by the
106	106	transferring court;
107	107	(4) a copy of the original papers filed in the
108	108	transferring court;
109	109	(5) a copy of the transfer certificate and index of
110	110	transferred documents from each previous transfer; and
111	111	(6) a bill of any costs accrued in the transferring
112	112	court [a certified copy of the index of the guardianship records].
113	113	(b) The clerk of the transferring court shall use the
114	114	standardized transfer certificate and index of transferred
115	115	documents form developed by the Office of Court Administration of
116	116	the Texas Judicial System under Section 72.037, Government Code,
117	117	when transferring a proceeding under this section.
118	118	(c) The clerk of the transferring court shall keep a copy of
119	119	the documents transferred under Subsection (a).
120	120	(d) The clerk of the court to which the proceeding is
121	121	transferred shall:
122	122	(1) accept documents transferred under Subsection
123	123	(a);
124	124	(2) docket the suit; and
125	125	(3) notify, using the electronic filing system
126	126	established under Section 72.031, Government Code, all parties, the
127	127	clerk of the transferring court, and, if appropriate, the
128	128	transferring court's local registry that the suit has been
129	129	docketed.
130	130	(e) The clerk of the transferee court shall physically or
131	131	electronically mark or stamp the transfer certificate and index of
132	132	transferred documents to evidence the date and time of acceptance
133	133	under Subsection (d), but may not physically or electronically mark
134	134	or stamp any other document transferred under Subsection (a).
135	135	(f) The clerk of the transferring court shall send a
136	136	certified copy of the order directing payments to the transferee
137	137	court to:
138	138	(1) any party affected by the order and, if
139	139	appropriate, to the local registry of the transferee court using
140	140	the electronic filing system established under Section 72.031,
141	141	Government Code; and
142	142	(2) an employer affected by the order electronically
143	143	or by first class mail.
144	144	(g) The clerks of both the transferee and transferring
145	145	courts may each produce under Chapter 51, Government Code,
146	146	certified or uncertified copies of documents transferred under
147	147	Subsection (a) but must include a copy of the transfer certificate
148	148	and index of transferred documents with each document produced.
149	149	(h) Sections 80.001 and 80.002, Government Code, do not
150	150	apply to the transfer of documents under this section.
151	151	SECTION 6. Section 1023.007, Estates Code, is amended to
152	152	read as follows:
153	153	Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring
154	154	a guardianship does not take effect until the clerk of the court to
155	155	which the proceeding is transferred accepts and dockets the case
156	156	record under Section 1023.006[:
157	157	[(1) the case file and a certified copy of the index
158	158	required by Section 1023.006 are filed in electronic or paper form
159	159	in the office of the county clerk of the county to which the
160	160	guardianship was ordered transferred; and
161	161	[(2) a certificate under the clerk's official seal and
162	162	reporting the filing of the case file and a certified copy of the
163	163	index is filed in electronic or paper form in the court ordering the
164	164	transfer by the county clerk of the county to which the guardianship
165	165	was ordered transferred].
166	166	SECTION 7. Section 51.072(l), Family Code, is amended to
167	167	read as follows:
168	168	(l) The sending county is financially responsible for any
169	169	special treatment program or placement that the juvenile court of
170	170	the sending county requires as a condition of probation [if the
171	171	child's family is financially unable to pay for the program or
172	172	placement].
173	173	SECTION 8. Section 61.002, Family Code, is amended to read
174	174	as follows:
175	175	Sec. 61.002. APPLICABILITY. This [(a) Except as provided
176	176	by Subsection (b), this] chapter applies to a proceeding to enter a
177	177	juvenile court order:
178	178	(1) [for payment of probation fees under Section
179	179	54.061;
180	180	[(2)] for restitution under Sections 54.041(b) and
181	181	54.048;
182	182	(2) [(3)] for community service under Section
183	183	54.044(b);
184	184	(3) [(4)] requiring the person to refrain from doing
185	185	any act injurious to the welfare of the child under Section
186	186	54.041(a)(1);
187	187	(4) [(5)] enjoining contact between the person and the
188	188	child who is the subject of a proceeding under Section
189	189	54.041(a)(2);
190	190	(5) [(6)] ordering a person living in the same
191	191	household with the child to participate in counseling under Section
192	192	54.041(a)(3);
193	193	(6) [(7) requiring a parent or other eligible person
194	194	to pay reasonable attorney's fees for representing the child under
195	195	Section 51.10(e);
196	196	[(8) requiring the parent or other eligible person to
197	197	reimburse the county for payments the county has made to an attorney
198	198	appointed to represent the child under Section 51.10(j);
199	199	[(9) requiring payment of deferred prosecution
200	200	supervision fees under Section 53.03(d);
201	201	[(10)] requiring a parent or other eligible person to
202	202	attend a court hearing under Section 51.115;
203	203	(7) [(11)] requiring a parent or other eligible person
204	204	to act or refrain from acting to aid the child in complying with
205	205	conditions of release from detention under Section 54.01(r); or
206	206	(8) [(12)] requiring a parent or other eligible person
207	207	to act or refrain from acting under any law imposing an obligation
208	208	of action or omission on a parent or other eligible person because
209	209	of the parent's or person's relation to the child who is the subject
210	210	of a proceeding under this title[; or
211	211	[(13) for payment of the cost of attending an
212	212	educational program under Section 54.0404].
213	213	[(b) This subchapter does not apply to the entry and
214	214	enforcement of a child support order under Section 54.06.]
215	215	SECTION 9. Section 110.002, Family Code, is amended by
216	216	amending Subsection (a) and adding Subsection (d) to read as
217	217	follows:
218	218	(a) The clerk of the court may collect a filing fee of $80
219	219	[$15] in a suit for filing:
220	220	(1) a suit or motion for modification;
221	221	(2) a motion for enforcement;
222	222	(3) a notice of application for judicial writ of
223	223	withholding;
224	224	(4) [a motion to transfer;
225	225	[(5)] a petition for license suspension;
226	226	(5) [(6)] a motion to revoke a stay of license
227	227	suspension; or
228	228	(6) [(7)] a motion for contempt.
229	229	(d) Fees collected under this section are to be remitted and
230	230	allocated as provided by Chapters 133 and 135, Local Government
231	231	Code, as applicable.
232	232	SECTION 10. Section 110.005(a), Family Code, is amended to
233	233	read as follows:
234	234	(a) The fee for filing a transferred case is $80 [$45]
235	235	payable to the clerk of the court to which the case is transferred.
236	236	Fees collected under this section are to be remitted and allocated
237	237	as provided by Chapters 133 and 135, Local Government Code, as
238	238	applicable [No portion of this fee may be sent to the state].
239	239	SECTION 11. Sections 155.207(a), (b), and (e), Family Code,
240	240	are amended to read as follows:
241	241	(a) Not later than the 10th working day after the date an
242	242	order of transfer is signed, the clerk of the court transferring a
243	243	proceeding shall send, using the electronic filing system
244	244	established under Section 72.031, Government Code, to the proper
245	245	court [in the county] to which transfer is being made:
246	246	(1) a transfer certificate and index of transferred
247	247	documents;
248	248	(2) a copy of each final order;
249	249	(3) a copy of the order of transfer signed by the
250	250	transferring court;
251	251	(4) a copy of the original papers filed in the
252	252	transferring court;
253	253	(5) a copy of the transfer certificate and index of
254	254	transferred documents from each previous transfer; and
255	255	(6) a bill of any costs that have accrued in the
256	256	transferring court.
257	257	(b) The clerk of the transferring court shall keep a copy of
258	258	the documents transferred under Subsection (a) [transferred
259	259	pleadings].
260	260	(e) The clerks of both the transferee and transferring
261	261	courts may each produce under Chapter 51, Government Code,
262	262	certified or uncertified copies of documents transferred under
263	263	Subsection (a) and must [filed in a case transferred under this
264	264	section, but shall also] include a copy of the transfer certificate
265	265	and index of transferred documents with each document produced.
266	266	SECTION 12. Section 51.3071, Government Code, is amended by
267	267	amending Subsection (a) and adding Subsections (f) and (g) to read
268	268	as follows:
269	269	(a) If a case is transferred from a district court to a
270	270	constitutional or statutory county court or another district court,
271	271	the clerk of the transferring [district] court shall send to the
272	272	[county] clerk of the court to which the case is transferred, using
273	273	the electronic filing system established under Section 72.031:
274	274	(1) a transfer certificate and index of transferred
275	275	documents;
276	276	(2) a copy of the original papers filed in the
277	277	transferring court;
278	278	(3) a copy of the order of transfer signed by the
279	279	transferring court;
280	280	(4) a copy of each final order;
281	281	(5) a copy of the transfer certificate and index of
282	282	transferred documents from each previous transfer; and
283	283	(6) a bill of any costs that have accrued in the
284	284	transferring court.
285	285	(f) The clerks of both the transferee and transferring
286	286	courts may each produce, under this chapter, certified or
287	287	uncertified copies of documents transferred under Subsection (a)
288	288	and must include a copy of the transfer certificate and index of
289	289	transferred documents with each document produced.
290	290	(g) This section applies regardless of whether the
291	291	transferee court and the transferring court are in the same or
292	292	different counties.
293	293	SECTION 13. Section 51.318(b), Government Code, is amended
294	294	to read as follows:
295	295	(b) The fees are:
296	296	(1) for issuing a subpoena, including one copy$8;
297	297	(2) for issuing a citation, commission for deposition,
298	298	writ of execution, order of sale, writ of execution and order of
299	299	sale, writ of injunction, writ of garnishment, writ of attachment,
300	300	or writ of sequestration, or any other writ or process not otherwise
301	301	provided for, including one copy if required by law$8;
302	302	(3) for searching files or records to locate a cause
303	303	when the docket number is not provided or to ascertain the existence
304	304	of an instrument or record in the district clerk's office$5;
305	305	(4) for abstracting a judgment$8;
306	306	(5) for preparation of the clerk's record on appeal,
307	307	for each page or part of a page$1;
308	308	(6) for approving a bond$5;
309	309	(7) for a certified copy of a record, judgment, order,
310	310	pleading, or paper on file or of record in the district clerk's
311	311	office[, printed on paper]:
312	312	(A) including certificate and seal$5; and
313	313	(B) for each page or part of a page:
314	314	(i) printed on paper$1;
315	315	(ii) that is a paper document converted to
316	316	electronic format$1; or
317	317	(iii) that is an electronic copy of an
318	318	electronic document:
319	319	(a) for a document up to 10 pages in
320	320	length$1; and
321	321	(b) for each page or part of a page
322	322	over 10 pages$0.10;
323	323	(8) for a noncertified copy:
324	324	(A) printed on paper, for each page or part of a
325	325	page$1;
326	326	(B) that is a paper document converted to
327	327	electronic format, for each page or part of a page$1; or
328	328	(C) that is an electronic copy of an electronic
329	329	document:
330	330	(i) for each document up to 10 pages in
331	331	length$1; and
332	332	(ii) for each page or part of a page over 10
333	333	pages$0.10;
334	334	(9) for preparation of the clerk's record of transfer
335	335	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
336	336	Family Code, and Sections 51.3071 and 51.403 of this code:
337	337	(A) for the clerk's transfer certificate and
338	338	index$5;
339	339	(B) for each page or part of a page of a case
340	340	record up to 10 pages in length$1.00; and
341	341	(C) for each page or part of a page of a case
342	342	record over 10 pages$0.10.
343	343	SECTION 14. Section 51.403, Government Code, is amended by
344	344	amending Subsection (a) and adding Subsections (d) and (e) to read
345	345	as follows:
346	346	(a) If a case is transferred from a county court to a
347	347	district court or a statutory county court or a county court of
348	348	another county, the clerk of the transferring [county] court shall
349	349	send to the [district] clerk of the court to which the case is
350	350	transferred, using the electronic filing system established under
351	351	Section 72.031:
352	352	(1) a transfer certificate and index of transferred
353	353	documents;
354	354	(2) a copy of the original papers filed in the
355	355	transferring court;
356	356	(3) a copy of the order of transfer signed by the
357	357	transferring court;
358	358	(4) a copy of each final order;
359	359	(5) a copy of the transfer certificate and index of
360	360	transferred documents from each previous transfer; and
361	361	(6) a bill of any costs that have accrued in the
362	362	transferring court.
363	363	(d) The clerks of both the transferee and transferring
364	364	courts may each produce, under this chapter, certified or
365	365	uncertified copies of documents transferred under Subsection (a)
366	366	and must include a copy of the transfer certificate and index of
367	367	transferred documents with each document produced.
368	368	(e) This section applies regardless of whether the
369	369	transferee court and the transferring court are in the same or
370	370	different counties.
371	371	SECTION 15. Section 72.037(a), Government Code, is amended
372	372	to read as follows:
373	373	(a) The office shall develop and make available a
374	374	standardized transfer certificate and an index of transferred
375	375	documents form to be used for the transfer of cases and proceedings
376	376	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
377	377	Family Code, and Sections 51.3071 and 51.403 of this code.
378	378	SECTION 16. Section 118.011(a), Local Government Code, is
379	379	amended to read as follows:
380	380	(a) A county clerk shall collect the following fees for
381	381	services rendered to any person:
382	382	(1) Personal Property Records Filing (Sec. 118.012):
383	383	(A) for the first page$ 5.00;
384	384	(B) for each additional page or part of a page on
385	385	which there are visible marks of any kind$ 4.00;
386	386	(2) Real Property Records Filing (Sec. 118.013):
387	387	(A) for the first page$ 5.00;
388	388	(B) for each additional page or part of a page on
389	389	which there are visible marks of any kind$ 4.00;
390	390	(C) for all or part of each 8-1/2" X
391	391	14" attachment or rider$ 4.00;
392	392	(D) for each name in excess of five names that has
393	393	to be indexed in all records in which the document must be
394	394	indexed$ 0.25;
395	395	(3) Certified Papers (Sec. 118.014):
396	396	(A) for the clerk's certificate$ 5.00;
397	397	(B) printed on paper, plus a fee for each page or
398	398	part of a page$ 1.00;
399	399	(C) that is a paper document converted to
400	400	electronic format, for each page or part of a page$1;
401	401	(D) that is an electronic copy of an electronic
402	402	document:
403	403	(i) for each document up to 10 pages in
404	404	length$1;
405	405	(ii) for each page or part of a page of a
406	406	document over 10 pages$0.10;
407	407	(4) Noncertified Papers (Sec. 118.0145):
408	408	(A) printed on paper, for each page or part of a
409	409	page$ 1.00;
410	410	(B) that is a paper document converted to
411	411	electronic format, for each page or part of a page$1;
412	412	(C) that is an electronic copy of an electronic
413	413	document:
414	414	(i) for each document up to 10 pages in
415	415	length$1;
416	416	(ii) for each page or part of a page of a
417	417	document over 10 pages$0.10;
418	418	(5) Birth or Death Certificate (Sec.
419	419	118.015)same as state registrar;
420	420	(6) Bond Approval (Sec. 118.016)$ 3.00;
421	421	(7) Marriage License (Sec. 118.018)$60.00;
422	422	(8) Declaration of Informal Marriage (Sec.
423	423	118.019)$25.00;
424	424	(9) Brand Registration (Sec. 118.020)$ 5.00;
425	425	(10) Oath Administration (Sec. 118.021)$ 1.00.
426	426	SECTION 17. Section 118.052, Local Government Code, is
427	427	amended to read as follows:
428	428	Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
429	429	shall collect the following fees for services rendered to any
430	430	person:
431	431	(1) CIVIL COURT ACTIONS
432	432	(A) Preparation of the clerk's record of transfer
433	433	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
434	434	Family Code, and Sections 51.3071 and 51.403, Government Code:
435	435	(i) for the clerk's transfer certificate
436	436	and index . . . . . . $5;
437	437	(ii) for each page or part of a page of a
438	438	case record up to 10 pages in length . . . . . . $1.00;
439	439	(iii) for each page or part of a page of a
440	440	case record over 10 pages . . . . . . $0.10; [Filing
441	441	of Garnishment after judgment . . . $15.00]
442	442	(B) Services Rendered After Judgment in Original
443	443	Action (Sec. 118.0545):
444	444	(i) Abstract of judgment . . . $ 8.00;
445	445	(ii) Execution, order of sale, writ, or
446	446	other process . . . $ 8.00;
447	447	(2) PROBATE COURT ACTIONS
448	448	(A) Services in Pending Probate Action (Sec.
449	449	118.056):
450	450	(i) Filing an inventory and appraisement as
451	451	provided by Section 118.056(d) . . . $25.00;
452	452	(ii) Approving and recording bond . . .
453	453	$ 5.00;
454	454	(iii) Administering oath . . . $ 2.00;
455	455	(iv) Filing annual or final account of
456	456	estate . . . $25.00;
457	457	(v) Filing application for sale of real or
458	458	personal property . . . $25.00;
459	459	(vi) Filing annual or final report of
460	460	guardian of a person . . . $10.00;
461	461	(vii) Filing a document not listed under
462	462	this paragraph after the filing of an order approving the inventory
463	463	and appraisement or after the 120th day after the date of the
464	464	initial filing of the action, whichever occurs first, if more than
465	465	25 pages . . . $25.00;
466	466	(B) Claim Against Estate (Sec. 118.058) . . .
467	467	$10.00;
468	468	(C) Preparation of the clerk's record of transfer
469	469	under Sections 33.105 and 1023.006, Estates Code, Section 155.207,
470	470	Family Code, and Sections 51.3071 and 51.403, Government Code:
471	471	(i) for the clerk's transfer certificate
472	472	and index . . . . . . $5;
473	473	(ii) for each page or part of a page of a
474	474	case record up to 10 pages in length . . . . . . $1.00;
475	475	(iii) for each page or part of a page of a
476	476	case record over 10 pages . . . . . . $0.10;
477	477	(3) OTHER FEES
478	478	(A) Issuing Document (Sec. 118.059):
479	479	(i) original document and one copy . . .
480	480	$ 8.00;
481	481	(ii) each additional set of an original and
482	482	one copy . . . $ 8.00;
483	483	(B) Certified Papers (Sec. 118.060):
484	484	(i) for the clerk's certificate . . .
485	485	$ 5.00;
486	486	(ii) printed on paper, plus a fee per page
487	487	or part of a page of . . . $ 1.00;
488	488	(iii) that is a paper document converted to
489	489	electronic format, for each page or part of a page . . . . . . $1;
490	490	(iv) that is an electronic copy of an
491	491	electronic document:
492	492	(a) for each document up to 10 pages
493	493	in length . . . . . . $1;
494	494	(b) for each page or part of a page of
495	495	a document over 10 pages . . . . . . $0.10;
496	496	(C) Noncertified Papers (Sec. 118.0605):
497	497	(i) printed on paper, for each page or part
498	498	of a page . . . $ 1.00;
499	499	(ii) that is a paper converted to
500	500	electronic format, for each page or part of a page . . . $ 1.00;
501	501	(iii) that is an electronic copy of an
502	502	electronic document:
503	503	(a) [(i)] for each document up to 10
504	504	pages in length . . . $ 1.00; [and]
505	505	(b) [(ii)] for each page or part of a
506	506	page of a document over 10 pages . . . $ 0.10;
507	507	(D) Letters Testamentary, Letter of
508	508	Guardianship, Letter of Administration, or Abstract of Judgment
509	509	(Sec. 118.061) . . . $ 2.00;
510	510	(E) Deposit and Safekeeping of Wills (Sec.
511	511	118.062) . . . $ 5.00;
512	512	(F) Mail Service of Process (Sec. 118.063) . . .
513	513	same as sheriff;
514	514	(G) Searching files or records to locate a cause
515	515	when the docket number is not provided . . . $ 5.00;
516	516	(H) Records Technology and Infrastructure Fee if
517	517	authorized by the commissioners court of the county (Sec. 118.026)
518	518	. . . $ 2.00;
519	519	(I) Preparation of the clerk's record for appeal,
520	520	per page or part of a page . . . $1.00.
521	521	SECTION 18. Section 118.131(a), Local Government Code, is
522	522	amended to read as follows:
523	523	(a) The commissioners court of a county may set reasonable
524	524	fees to be charged for service of process, including service of
525	525	writs, [services] by the offices of the sheriff and constables.
526	526	SECTION 19. Sections 133.151(a) and (a-1), Local Government
527	527	Code, are amended to read as follows:
528	528	(a) The clerk of a district court, statutory county court,
529	529	statutory probate court, or county court shall collect:
530	530	(1) a fee in the amount of $137 on the filing of any
531	531	civil, probate, guardianship, or mental health case; and
532	532	(2) a fee in the amount of $45 on any action other than
533	533	an original action subject to Subdivision (1), including [an appeal
534	534	and] any counterclaim, cross-action, intervention, contempt
535	535	action, adverse probate action, interpleader, motion for new trial,
536	536	motion to reinstate, or third-party action.
537	537	(a-1) The clerk of a justice court shall collect a fee in the
538	538	amount of $21 on the filing of any civil case and on any action other
539	539	than an original action for the civil case, including an appeal and
540	540	any counterclaim, cross-action, intervention, contempt action,
541	541	interpleader, motion for new trial, motion to reinstate, or
542	542	third-party action.
543	543	SECTION 20. Section 134.101(b), Local Government Code, is
544	544	amended to read as follows:
545	545	(b) The treasurer shall allocate the court costs received
546	546	under this section to the following accounts and funds so that each
547	547	receives to the extent practicable, utilizing historical data as
548	548	applicable, the same amount of money the account or fund would have
549	549	received if the court costs for the accounts and funds had been
550	550	collected and reported separately, except that the account or fund
551	551	may not receive less than the following percentages:
552	552	(1) the clerk of the court account38.0953 percent;
553	553	(2) the clerks [county] records management and
554	554	preservation fund 23.8095 percent;
555	555	(3) the county jury fund0.9524 percent;
556	556	(4) the courthouse security fund9.5238 percent;
557	557	(5) the county and district court technology
558	558	fund3.8095 percent; and
559	559	(6) the county specialty court account23.8095
560	560	percent.
561	561	SECTION 21. Section 134.102(b), Local Government Code, is
562	562	amended to read as follows:
563	563	(b) The treasurer shall allocate the court costs received
564	564	under this section to the following accounts and funds so that each
565	565	receives to the extent practicable, utilizing historical data as
566	566	applicable, the same amount of money the account or fund would have
567	567	received if the court costs for the accounts and funds had been
568	568	collected and reported separately, except that the account or fund
569	569	may not receive less than the following percentages:
570	570	(1) the clerk of the court account32.5203 percent;
571	571	(2) the clerks [county] records management and
572	572	preservation fund20.3252 percent;
573	573	(3) the account for prosecutor's fees16.2602 percent;
574	574	(4) the county jury fund0.8130 percent;
575	575	(5) the courthouse security fund8.1301 percent;
576	576	(6) the county and district court technology
577	577	fund3.2520 percent;
578	578	(7) the court reporter service fund2.4390percent; and
579	579	(8) the county specialty court account16.2602
580	580	percent.
581	581	SECTION 22. Section 134.155, Local Government Code, is
582	582	amended to read as follows:
583	583	Sec. 134.155. CLERKS [COUNTY] RECORDS MANAGEMENT AND
584	584	PRESERVATION FUND. Money allocated under Section 134.101 or
585	585	134.102 to the clerks [county] records management and preservation
586	586	fund maintained in the county treasury as required by Section
587	587	134.151 may be used by a clerk [county] only to fund records
588	588	management and preservation services performed by the [court] clerk
589	589	who collects the fee.
590	590	SECTION 23. Section 135.101, Local Government Code, is
591	591	amended to read as follows:
592	592	Sec. 135.101. LOCAL CONSOLIDATED CIVIL FEE FOR CERTAIN
593	593	CIVIL CASES IN DISTRICT COURT, STATUTORY COUNTY COURT, OR COUNTY
594	594	COURT. (a) A person shall pay in a district court, statutory
595	595	county court, or county court in addition to all other fees and
596	596	court costs a local consolidated filing fee of:
597	597	(1) $213 on filing any civil case except a probate,
598	598	guardianship, or mental health case; and
599	599	(2) $35 on any action other than an original action for
600	600	a case subject to Subdivision (1), including an appeal and any
601	601	counterclaim, cross-action, intervention, contempt action,
602	602	interpleader, motion for new trial, motion to reinstate, or
603	603	third-party action.
604	604	(b) The county treasurer shall allocate the fees received
605	605	under Subsection (a)(1) to the following accounts and funds so that
606	606	each receives to the extent practicable, utilizing historical data
607	607	as applicable, the same amount of money the account or fund would
608	608	have received if the fees for the accounts and funds had been
609	609	collected and reported separately, except that the account or fund
610	610	may not receive less than the following percentages:
611	611	(1) the appellate judicial system fund2.3474 percent;
612	612	(2) the court facility fee fund9.3897 percent;
613	613	(3) the clerk of the court account23.4742 percent;
614	614	(4) the clerks [county] records management and
615	615	preservation account14.0845 percent;
616	616	(5) the court reporter service fund11.7371 percent;
617	617	(6) the county law library fund16.4319 percent;
618	618	(7) the courthouse security fund9.3897 percent;
619	619	(8) the language access fund1.4085 percent;
620	620	(9) the county jury fund4.6948 percent; and
621	621	(10) the county dispute resolution fund7.0423
622	622	percent.
623	623	(c) The county treasurer shall allocate the fees received
624	624	under Subsection (a)(2) to the following accounts and funds so that
625	625	each receives to the extent practicable, utilizing historical data
626	626	as applicable, the same amount of money the account or fund would
627	627	have received if the fees for the accounts and funds had been
628	628	collected and reported separately, except that the account or fund
629	629	may not receive less than the following percentages:
630	630	(1) the clerk of the court account42.8571 percent; and
631	631	(2) the clerks [county] records management and
632	632	preservation account57.1429 percent.
633	633	SECTION 24. Sections 135.102(b) and (c), Local Government
634	634	Code, are amended to read as follows:
635	635	(b) The county treasurer shall allocate the fees received
636	636	under Subsection (a)(1) to the following accounts and funds so that
637	637	each receives to the extent practicable, utilizing historical data
638	638	as applicable, the same amount of money the account or fund would
639	639	have received if the fees for the accounts and funds had been
640	640	collected and reported separately, except that the account or fund
641	641	may not receive less than the following percentages:
642	642	(1) the appellate judicial system fund2.2422 percent;
643	643	(2) the court facility fee fund8.9686 percent;
644	644	(3) the clerk of the court account17.9372 percent;
645	645	(4) the clerks [county] records management and
646	646	preservation account6.7265 percent;
647	647	(5) the court reporter service fund11.2108 percent;
648	648	(6) the county law library fund15.6951 percent;
649	649	(7) the courthouse security fund8.9686 percent;
650	650	(8) the language access fund1.3453 percent;
651	651	(9) the county jury fund4.4841 percent;
652	652	(10) the county dispute resolution fund6.7265
653	653	percent;
654	654	(11) the court-initiated guardianship fund8.9686
655	655	percent;
656	656	(12) the judicial education and support fund2.2422
657	657	percent; and
658	658	(13) the public probate administrator fund4.4843
659	659	percent.
660	660	(c) The county treasurer shall allocate the fees received
661	661	under Subsection (a)(2) to the following accounts and funds so that
662	662	each receives to the extent practicable, utilizing historical data
663	663	as applicable, the same amount of money the account or fund would
664	664	have received if the fees for the accounts and funds had been
665	665	collected and reported separately, except that the account or fund
666	666	may not receive less than the following percentages:
667	667	(1) the clerk of the court account53.3333 percent;
668	668	(2) the clerks [county] records management and
669	669	preservation account6.6667 percent;
670	670	(3) the court-initiated guardianship fund26.6667
671	671	percent; and
672	672	(4) the public probate administrator fund13.3333
673	673	percent.
674	674	SECTION 25. Section 135.103(a), Local Government Code, is
675	675	amended to read as follows:
676	676	(a) In addition to all other fees and court costs, a person
677	677	shall pay a local consolidated filing fee of $33 on filing of any
678	678	civil case in a justice court and on any action other than an
679	679	original action for a civil case, including an appeal and any
680	680	counterclaim, cross-action, intervention, contempt action,
681	681	interpleader, motion for new trial, motion to reinstate, or
682	682	third-party action.
683	683	SECTION 26. Section 135.154, Local Government Code, is
684	684	amended to read as follows:
685	685	Sec. 135.154. CLERKS [COUNTY] RECORDS MANAGEMENT AND
686	686	PRESERVATION ACCOUNT. Money allocated under Section 135.101 or
687	687	135.102 to the clerks [county] records management and preservation
688	688	account maintained in the county treasury as required by Section
689	689	135.151 may be used by a clerk [county] only to fund records
690	690	management and preservation services, including automation,
691	691	performed by the [court] clerk who collects the fee on approval by
692	692	the commissioners court of a budget as provided by Chapter 111. An
693	693	expenditure from the fund must comply with Subchapter C, Chapter
694	694	262.
695	695	SECTION 27. (a) Effective September 1, 2023, the following
696	696	laws are repealed:
697	697	(1) Article 26.057, Code of Criminal Procedure;
698	698	(2) Section 33.103(c), Estates Code;
699	699	(3) Sections 51.10(e), (k), and (l), Family Code;
700	700	(4) Section 53.03(d), Family Code;
701	701	(5) Section 54.0404(b), Family Code;
702	702	(6) Section 54.06, Family Code;
703	703	(7) Section 54.061, Family Code; and
704	704	(8) Section 56.01(l), Family Code.
705	705	(b) Effective January 1, 2024, Section 291.008, Local
706	706	Government Code, is repealed.
707	707	SECTION 28. (a) Notwithstanding Section 51.607(c),
708	708	Government Code, Sections 51.072(l) and 61.002, Family Code, as
709	709	amended by this Act, and the repeal of Sections 51.10(e), (k), and
710	710	(l), 53.03(d), 54.0404(b), and 56.01(l), Family Code, by this Act
711	711	apply to the authority of a juvenile court to impose a fee or cost on
712	712	or after September 1, 2023, regardless of whether the underlying
713	713	action commenced before, on, or after September 1, 2023. The
714	714	imposition of a fee or cost by a juvenile court before September 1,
715	715	2023, is governed by the law in effect on the date the fee or cost
716	716	was imposed, and the former law is continued in effect for that
717	717	purpose.
718	718	(b) As soon as practicable after January 1, 2024, the Office
719	719	of Court Administration of the Texas Judicial System shall develop
720	720	and make available all forms and materials required by Section
721	721	72.037, Government Code, as amended by this Act.
722	722	(c) The repeal of Article 26.057, Code of Criminal
723	723	Procedure, by this Act, applies to a case transferred to a criminal
724	724	court under Section 54.02, Family Code, on or after September 1,
725	725	2023. A case transferred to a criminal court before September 1,
726	726	2023, is governed by the law in effect on the date the case was
727	727	transferred, and the former law is continued in effect for that
728	728	purpose.
729	729	(d) The repeal of Section 54.06, Family Code, by this Act
730	730	applies only to an order for assignment of child support rendered on
731	731	or after September 1, 2023. An order for assignment of child support
732	732	rendered before September 1, 2023, is governed by the law in effect
733	733	on the date the order was rendered, and the former law is continued
734	734	in effect for that purpose.
735	735	SECTION 29. (a) Except as provided by Subsection (b) of this
736	736	section or as otherwise provided by this Act, this Act takes effect
737	737	January 1, 2024.
738	738	(b) The following provisions take effect September 1, 2023:
739	739	(1) Sections 33.101, 33.102(a), 33.103(b), 1023.006,
740	740	and 1023.007, Estates Code, as amended by this Act;
741	741	(2) Section 33.105, Estates Code, as added by this
742	742	Act;
743	743	(3) Sections 51.072(l), 61.002, and 155.207(a), (b),
744	744	and (e), Family Code, as amended by this Act; and
745	745	(4) Sections 51.3071 and 51.403, Government Code, as
746	746	amended by this Act.
747	747	______________________________ ______________________________
748	748	President of the Senate Speaker of the House
749	749	I hereby certify that S.B. No. 1612 passed the Senate on
750	750	April 12, 2023, by the following vote: Yeas 31, Nays 0.
751	751	______________________________
752	752	Secretary of the Senate
753	753	I hereby certify that S.B. No. 1612 passed the House on
754	754	May 12, 2023, by the following vote: Yeas 124, Nays 16,
755	755	two present not voting.
756	756	______________________________
757	757	Chief Clerk of the House
758	758	Approved:
759	759	______________________________
760	760	Date
761	761	______________________________
762	762	Governor