| H.B. No. 2302 | ||
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| relating to signing electronic or digital court documents, to the | ||
| electronic filing system established by the Texas Supreme Court, to | ||
| the statewide electronic filing system fund, to certain court fees | ||
| and court costs, and to recovery of electronic filing fees by taxing | ||
| units; imposing and authorizing certain fees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 21, Government Code, is amended by | ||
| adding Section 21.011 to read as follows: | ||
| Sec. 21.011. ELECTRONIC OR DIGITAL SIGNATURE. A judge or | ||
| justice presiding over a court in this state may sign an electronic | ||
| or digital court document, including an order, judgment, ruling, | ||
| notice, commission, or precept, electronically, digitally, or | ||
| through another secure method. The document signed in that manner | ||
| is the official document issued by the court. | ||
| SECTION 2. Chapter 51, Government Code, is amended by | ||
| adding Subchapter I-1 to read as follows: | ||
| SUBCHAPTER I-1. ELECTRONIC FILING FEE | ||
| Sec. 51.851. ELECTRONIC FILING FEE. (a) In this section, | ||
| "conviction" has the meaning assigned by Section 133.101, Local | ||
| Government Code. | ||
| (b) In addition to other fees authorized or required by law, | ||
| the clerk of the supreme court, a court of appeals, a district | ||
| court, a county court, a statutory county court, or a statutory | ||
| probate court shall collect a $20 fee on the filing of any civil | ||
| action or proceeding requiring a filing fee, including an appeal, | ||
| and on the filing of any counterclaim, cross-action, intervention, | ||
| interpleader, or third-party action requiring a filing fee to be | ||
| used as provided by Section 51.852. | ||
| (c) In addition to other fees authorized or required by law, | ||
| the clerk of a justice court shall collect a $10 fee on the filing of | ||
| any civil action or proceeding requiring a filing fee, including an | ||
| appeal, and on the filing of any counterclaim, cross-action, | ||
| intervention, interpleader, or third-party action requiring a | ||
| filing fee to be used as provided by Section 51.852. | ||
| (d) In addition to other court costs, a person shall pay $5 | ||
| as a court cost on conviction of any criminal offense in a district | ||
| court, county court, or statutory county court. | ||
| (e) A court may waive payment of a court cost or fee due | ||
| under this section for an individual the court determines is | ||
| indigent. | ||
| (f) Court costs and fees due under this section shall be | ||
| collected in the same manner as other fees, fines, or costs in the | ||
| case. | ||
| (g) The clerk of a district court, a county court, a | ||
| statutory county court, a statutory probate court, or a justice | ||
| court shall deposit the court costs and fees collected under this | ||
| section in the appropriate local treasury and remit the court costs | ||
| and fees to the comptroller in the manner provided by Subchapter B, | ||
| Chapter 133, Local Government Code. | ||
| (h) The clerk of the supreme court or of a court of appeals | ||
| shall remit the fees collected under this section to the | ||
| comptroller. | ||
| (i) The comptroller shall deposit the court costs and fees | ||
| received under this section to the credit of the statewide | ||
| electronic filing system fund established under Section 51.852. | ||
| (j) The comptroller may audit the records of a county | ||
| related to costs and fees collected under this section. | ||
| (k) Money spent from costs and fees collected under this | ||
| section is subject to audit by the state auditor. | ||
| Sec. 51.852. STATEWIDE ELECTRONIC FILING SYSTEM FUND. (a) | ||
| The statewide electronic filing system fund is an account in the | ||
| general revenue fund. | ||
| (b) Money in the statewide electronic filing system fund may | ||
| only be appropriated to the Office of Court Administration of the | ||
| Texas Judicial System and used to: | ||
| (1) support a statewide electronic filing technology | ||
| project for courts in this state; | ||
| (2) provide grants to counties to implement components | ||
| of the project; or | ||
| (3) support court technology projects that have a | ||
| statewide impact as determined by the office of court | ||
| administration. | ||
| SECTION 3. Subchapter C, Chapter 72, Government Code, is | ||
| amended by adding Section 72.031 to read as follows: | ||
| Sec. 72.031. ELECTRONIC FILING SYSTEM. (a) In this | ||
| section: | ||
| (1) "Appellate court" means the supreme court, the | ||
| court of criminal appeals, or a court of appeals. | ||
| (2) "Electronic filing system" means the filing system | ||
| established by supreme court rule or order for the electronic | ||
| filing of documents in courts of this state. | ||
| (3) "Electronic filing transaction" means the | ||
| simultaneous electronic filing of one or more documents related to | ||
| a proceeding before a court in this state. | ||
| (4) "Local government" means a county or municipality. | ||
| (b) The office as authorized by supreme court rule or order | ||
| may implement an electronic filing system for use in the courts of | ||
| this state. | ||
| (c) A local government or appellate court that uses the | ||
| electronic filing system may charge a fee of $2 for each electronic | ||
| filing transaction if: | ||
| (1) the fee is necessary to recover the actual system | ||
| operating costs reasonably incurred by the local government or | ||
| appellate court to: | ||
| (A) accept electronic payment methods; or | ||
| (B) interface with other technology information | ||
| systems; | ||
| (2) the fee does not include an amount to recover local | ||
| government or appellate court employee costs, other than costs for | ||
| directly maintaining the system; | ||
| (3) the governing body of the local government or the | ||
| appellate court approves the fee using the local government or | ||
| appellate court's standard approval process for fee increases; and | ||
| (4) the local government or appellate court annually | ||
| certifies to the office on a form prescribed by the office that the | ||
| amount of the fee is necessary to recover the actual system | ||
| operating costs incurred by the local government or appellate | ||
| court. | ||
| (c-1) This subsection and Subsection (c) expire September | ||
| 1, 2019. | ||
| (d) A local government or appellate court that uses the | ||
| electronic filing system may accept electronic payment methods, | ||
| including payments made with credit and debit cards. | ||
| (e) A governmental entity not otherwise required to pay a | ||
| filing fee under any other law may not be required to pay a fee | ||
| established under this section. | ||
| (f) A court shall waive payment of any fee due under this | ||
| section for an individual the court determines is indigent. | ||
| SECTION 4. Subchapter B, Chapter 101, Government Code, is | ||
| amended by adding Section 101.0211 to read as follows: | ||
| Sec. 101.0211. ADDITIONAL SUPREME COURT FEES: GOVERNMENT | ||
| CODE. The clerk of the supreme court shall collect a statewide | ||
| electronic filing system fund fee of $20 under Section 51.851, | ||
| Government Code. | ||
| SECTION 5. Subchapter C, Chapter 101, Government Code, is | ||
| amended by adding Section 101.0411 to read as follows: | ||
| Sec. 101.0411. ADDITIONAL COURT OF APPEALS FEES: GOVERNMENT | ||
| CODE. The clerk of a court of appeals shall collect a statewide | ||
| electronic filing system fund fee of $20 under Section 51.851, | ||
| Government Code. | ||
| SECTION 6. Subchapter D, Chapter 101, Government Code, is | ||
| amended by adding Section 101.06118 to read as follows: | ||
| Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT | ||
| CODE. The clerk of a district court shall collect a statewide | ||
| electronic filing system fund fee of $20 under Section 51.851, | ||
| Government Code. | ||
| SECTION 7. Subchapter E, Chapter 101, Government Code, is | ||
| amended by adding Section 101.08117 to read as follows: | ||
| Sec. 101.08117. ADDITIONAL STATUTORY COUNTY COURT FEES: | ||
| GOVERNMENT CODE. The clerk of a statutory county court shall | ||
| collect a statewide electronic filing system fund fee of $20 under | ||
| Section 51.851, Government Code. | ||
| SECTION 8. Subchapter F, Chapter 101, Government Code, is | ||
| amended by adding Section 101.10116 to read as follows: | ||
| Sec. 101.10116. ADDITIONAL STATUTORY PROBATE COURT FEES: | ||
| GOVERNMENT CODE. The clerk of a statutory probate court shall | ||
| collect a statewide electronic filing system fund fee of $20 under | ||
| Section 51.851, Government Code. | ||
| SECTION 9. Subchapter G, Chapter 101, Government Code, is | ||
| amended by adding Section 101.12126 to read as follows: | ||
| Sec. 101.12126. ADDITIONAL COUNTY COURT FEES: GOVERNMENT | ||
| CODE. The clerk of a county court shall collect a statewide | ||
| electronic filing system fund fee of $20 under Section 51.851, | ||
| Government Code. | ||
| SECTION 10. Subchapter H, Chapter 101, Government Code, is | ||
| amended by adding Section 101.1411 to read as follows: | ||
| Sec. 101.1411. ADDITIONAL JUSTICE COURT FEES: GOVERNMENT | ||
| CODE. The clerk of a justice court shall collect a statewide | ||
| electronic filing system fund fee of $10 under Section 51.851, | ||
| Government Code. | ||
| SECTION 11. Subchapter C, Chapter 102, Government Code, is | ||
| amended by adding Section 102.0415 to read as follows: | ||
| Sec. 102.0415. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
| DISTRICT COURT: GOVERNMENT CODE. The clerk of a district court | ||
| shall collect from a defendant a court cost on conviction of $5 | ||
| under Section 51.851, Government Code. | ||
| SECTION 12. Subchapter D, Chapter 102, Government Code, is | ||
| amended by adding Section 102.0615 to read as follows: | ||
| Sec. 102.0615. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
| STATUTORY COUNTY COURT: GOVERNMENT CODE. The clerk of a statutory | ||
| county court shall collect from a defendant a court cost on | ||
| conviction of $5 under Section 51.851, Government Code. | ||
| SECTION 13. Subchapter E, Chapter 102, Government Code, is | ||
| amended by adding Section 102.082 to read as follows: | ||
| Sec. 102.082. ADDITIONAL COURT COSTS ON CONVICTION IN | ||
| COUNTY COURT: GOVERNMENT CODE. The clerk of a county court shall | ||
| collect from a defendant a court cost on conviction of $5 under | ||
| Section 51.851, Government Code. | ||
| SECTION 14. Section 103.027, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT | ||
| CODE. (a) Fees and costs shall be paid or collected under the | ||
| Government Code as follows: | ||
| (1) filing a certified copy of a judicial finding of | ||
| fact and conclusion of law if charged by the secretary of state | ||
| (Sec. 51.905, Government Code) . . . $15; | ||
| (2) cost paid by each surety posting the bail bond for | ||
| an offense other than a misdemeanor punishable by fine only under | ||
| Chapter 17, Code of Criminal Procedure, for the assistant | ||
| prosecutor supplement fund and the fair defense account (Sec. | ||
| 41.258, Government Code) . . . $15, provided the cost does not | ||
| exceed $30 for all bail bonds posted at that time for an individual | ||
| and the cost is not required on the posting of a personal or cash | ||
| bond; | ||
| (3) to participate in a court proceeding in this | ||
| state, a nonresident attorney fee (Sec. 82.0361, Government Code) | ||
| . . . $250 except as waived or reduced under supreme court rules for | ||
| representing an indigent person; | ||
| (4) on a party's appeal of a final decision in a | ||
| contested case, the cost of preparing the original or a certified | ||
| copy of the record of the agency proceeding, if required by the | ||
| agency's rule, as a court cost (Sec. 2001.177, Government Code) | ||
| . . . as assessed by the court, all or part of the cost of | ||
| preparation; | ||
| (5) compensation to a referee in juvenile court in | ||
| Wichita County taxed as costs if the judge determines the parties | ||
| are able to pay the costs (Sec. 54.403, Government Code) . . . as | ||
| determined by the judge; and | ||
| (6) the expense of preserving the record as a court | ||
| cost in Brazos County if imposed on a party by the referring court | ||
| or magistrate (Sec. 54.1111, Government Code) . . . actual cost. | ||
| (b) Any fee of $2 charged by a local government or appellate | ||
| court for an electronic filing transaction as authorized under | ||
| Section 72.031(c), Government Code, shall be collected. This | ||
| subsection expires September 1, 2019. | ||
| SECTION 15. Section 231.202, Family Code, is amended to | ||
| read as follows: | ||
| Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D | ||
| CASES. In a Title IV-D case filed under this title, including a | ||
| case filed under Chapter 159, the Title IV-D agency shall pay only | ||
| the following costs and fees: | ||
| (1) filing fees and fees for issuance and service of | ||
| process as provided by Chapter 110 of this code and by Sections | ||
| 51.317(b)(1), (2), and (3) and (b-1), 51.318(b)(2), and 51.319(2), | ||
| Government Code; | ||
| (2) fees for transfer as provided by Chapter 110; | ||
| (3) fees for the issuance and delivery of orders and | ||
| writs of income withholding in the amounts provided by Chapter 110; | ||
| (4) the fee for services provided by sheriffs and | ||
| constables, including: | ||
| (A) a fee authorized under Section 118.131, Local | ||
| Government Code, for serving each item of process to each | ||
| individual on whom service is required, including service by | ||
| certified or registered mail; and | ||
| (B) a fee authorized under Section 157.103(b) for | ||
| serving a capias; | ||
| (5) the fee for filing an administrative writ of | ||
| withholding under Section 158.503(d); | ||
| (6) the fee for issuance of a subpoena as provided by | ||
| Section 51.318(b)(1), Government Code; and | ||
| (7) a fee authorized by Section 72.031, Government | ||
| Code, [ |
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| with a clerk. | ||
| SECTION 16. Section 231.204, Family Code, is amended to | ||
| read as follows: | ||
| Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except | ||
| as provided by this subchapter, an appellate court, a clerk of an | ||
| appellate court, a district or county clerk, sheriff, constable, or | ||
| other government officer or employee may not charge the Title IV-D | ||
| agency or a private attorney or political subdivision that has | ||
| entered into a contract to provide Title IV-D services any fees or | ||
| other amounts otherwise imposed by law for services rendered in, or | ||
| in connection with, a Title IV-D case, including: | ||
| (1) a fee payable to a district clerk for: | ||
| (A) performing services related to the estates of | ||
| deceased persons or minors; | ||
| (B) certifying copies; or | ||
| (C) comparing copies to originals; | ||
| (2) a court reporter fee, except as provided by | ||
| Section 231.209; | ||
| (3) a judicial fund fee; | ||
| (4) a fee for a child support registry, enforcement | ||
| office, or domestic relations office; | ||
| (5) a fee for alternative dispute resolution services; | ||
| [ |
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| (6) a filing fee or other costs payable to a clerk of | ||
| an appellate court; and | ||
| (7) a statewide electronic filing system fund fee. | ||
| SECTION 17. Section 133.058(d), Local Government Code, is | ||
| amended to read as follows: | ||
| (d) A county may not retain a service fee on the collection | ||
| of a fee: | ||
| (1) for the judicial fund; [ |
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| (2) under Sections 14 and 19, Article 42.12, Code of | ||
| Criminal Procedure; or | ||
| (3) under Section 51.851, Government Code. | ||
| SECTION 18. The imposition of a cost of court on conviction | ||
| under Section 51.851, Government Code, as added by this Act, | ||
| applies only to an offense committed on or after the effective date | ||
| of this Act. An offense committed before the effective date of this | ||
| Act is covered by the law in effect when the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense was | ||
| committed before that date. | ||
| SECTION 19. Section 33.48(a), Tax Code, is amended to read | ||
| as follows: | ||
| (a) In addition to other costs authorized by law, a taxing | ||
| unit is entitled to recover the following costs and expenses in a | ||
| suit to collect a delinquent tax: | ||
| (1) all usual court costs, including the cost of | ||
| serving process and electronic filing fees; | ||
| (2) costs of filing for record a notice of lis pendens | ||
| against property; | ||
| (3) expenses of foreclosure sale; | ||
| (4) reasonable expenses that are incurred by the | ||
| taxing unit in determining the name, identity, and location of | ||
| necessary parties and in procuring necessary legal descriptions of | ||
| the property on which a delinquent tax is due; | ||
| (5) attorney's fees in the amount of 15 percent of the | ||
| total amount of taxes, penalties, and interest due the unit; and | ||
| (6) reasonable attorney ad litem fees approved by the | ||
| court that are incurred in a suit in which the court orders the | ||
| appointment of an attorney to represent the interests of a | ||
| defendant served with process by means of citation by publication | ||
| or posting. | ||
| SECTION 20. Section 33.49(a), Tax Code, is amended to read | ||
| as follows: | ||
| (a) Except as provided by Subsection (b), a taxing unit is | ||
| not liable in a suit to collect taxes for court costs, including any | ||
| fees for service of process and electronic filing fees, an attorney | ||
| ad litem, arbitration, or mediation, and may not be required to post | ||
| security for costs. | ||
| SECTION 21. (a) Section 51.607, Government Code, does not | ||
| apply to the imposition of a fee assessed under: | ||
| (1) Section 51.851, Government Code, as added by this | ||
| Act; | ||
| (2) Section 101.0211, Government Code, as added by | ||
| this Act; | ||
| (3) Section 101.0411, Government Code, as added by | ||
| this Act; | ||
| (4) Section 101.06118, Government Code, as added by | ||
| this Act; | ||
| (5) Section 101.08117, Government Code, as added by | ||
| this Act; | ||
| (6) Section 101.10116, Government Code, as added by | ||
| this Act; | ||
| (7) Section 101.12126, Government Code, as added by | ||
| this Act; | ||
| (8) Section 101.1411, Government Code, as added by | ||
| this Act; | ||
| (9) Section 102.0415, Government Code, as added by | ||
| this Act; | ||
| (10) Section 102.0615, Government Code, as added by | ||
| this Act; or | ||
| (11) Section 102.082, Government Code, as added by | ||
| this Act. | ||
| (b) The changes in law made by this Act apply only to a fee | ||
| that becomes payable on or after September 1, 2013. A fee that | ||
| becomes payable before that date is governed by the law in effect | ||
| when the fee became payable, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 22. Not later than December 1, 2018, the Office of | ||
| Court Administration of the Texas Judicial System shall file a | ||
| report with the lieutenant governor, the speaker of the house of | ||
| representatives, and the presiding officers of the standing | ||
| committees of each house of the legislature with jurisdiction over | ||
| the judiciary detailing the number of local governments and | ||
| appellate courts collecting a fee under Section 72.031(c), | ||
| Government Code, as added by this Act, and the necessity of the | ||
| local governments and appellate courts to continue collecting the | ||
| fee. | ||
| SECTION 23. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2302 was passed by the House on April | ||
| 26, 2013, by the following vote: Yeas 138, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2302 on May 16, 2013, by the following vote: Yeas 141, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2302 was passed by the Senate, with | ||
| amendments, on May 15, 2013, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||