GOVERNMENT CODE
SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS
CHAPTER 51. CLERKS
SUBCHAPTER A. CLERK OF SUPREME COURT
§ 51.001. APPOINTMENT; RESIDENCE; BOND;
SEAL. (a) The order appointing the clerk of the supreme court
must be recorded in the minutes of the court.
(b) The clerk must reside at Austin.
(c) Repealed by Acts 2003, 78th Leg., ch. 285, § 31(6).
(d) The clerk shall provide a seal for the use of the supreme
court. The seal must have a five-pointed star and must be engraved
with the words "Supreme Court of the State of Texas."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985; Amended
by Acts 2003, 78th Leg., ch. 285, § 31(6), eff. Sept. 1, 2003.
§ 51.002. CLERK PRO TEMPORE; DEPUTY CLERK. (a) The
supreme court, when necessary, may appoint a clerk pro tempore.
(b) The supreme court, by an order recorded in the minutes
of the court, may authorize the clerk to appoint three deputy clerks
who may discharge the duties required by law of the clerk. Each
deputy clerk must give a bond that is approved by the supreme court
and is in the same amount and subject to the same conditions as
required for the bond of the clerk of the court. A deputy clerk
serves at the will of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.003. REMOVAL OF CLERK. (a) The supreme court by
motion may remove the clerk for neglect of duty or misconduct in
office. The motion must specify the particular charges.
(b) Before the court may act on the motion, it must give the
clerk at least 10 days' notice of the motion, including the
particular charges.
(c) In acting on the motion, the court determines the law
and facts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.004. DUTIES. The clerk of the supreme court shall:
(1) file and carefully preserve the transcripts of
records certified to the supreme court and papers relative to the
record;
(2) docket causes in the order in which the supreme
court directs;
(3) faithfully record the proceedings and decisions of
the supreme court; and
(4) certify the judgments of the supreme court to the
courts from which the cases were brought.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.005. FEES AND COSTS. (a) The clerk shall collect
the fees described in Subsection (b) in a civil case before the
court for the following services:
(1) filing records, applications, motions, briefs,
and other necessary and proper papers;
(2) docketing and making docket and minute book
entries;
(3) issuing notices, citations, processes, and
mandates; and
(4) performing other necessary clerical duties.
(b) The fees are:
(1) application for writ of error $ 50
(2) additional fee if application for writ of error is
granted$ 75
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court$ 50
(4) additional fee if a motion under Subdivision (3)
is granted$ 75
(5) certified question from a court of appeals to the
supreme court$ 75
(6) case appealed to the supreme court from the
district court by direct appeal$100
(7) any other proceeding filed in the supreme
court$ 75.
(c) In addition, the clerk of the supreme court shall
collect:
(1) a fee of $5 for administering an oath and giving a
sealed certificate of the oath;
(2) a minimum fee of $5, or 50 cents per page if more
than 10 pages, for making copies of any papers of record in offices,
including certificate and seal; and
(3) a reasonable fee fixed by the order or rule of the
supreme court for any official service performed by the clerk for
which a fee is not otherwise provided by this section.
(d) The clerk shall collect and pay into the state treasury
the fees and costs received under this section by the clerk under
rules prescribed by the comptroller of public accounts, approved by
the justices of the supreme court, and recorded in the minutes of
the court. The comptroller shall deposit the fees and costs in the
judicial fund.
(e) The supreme court shall provide by order or rule for the
making of deposits to cover the costs provided by this section in
cases before the court. A deposit may not be required in a case in
which the petitioner, relator, or appellant in the supreme court is
exempt from the bond requirement.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1986, 69th Leg., 2nd C.S., ch. 11, § 3, eff. Sept. 22,
1986.
§ 51.006. FEE FOR ATTORNEY'S LICENSE OR
CERTIFICATE. The clerk shall collect a fee of $10 for the issuance
of an attorney's license or certificate affixed with a seal. The
fee shall be held by the clerk and expended by the supreme court or
under the direction of the court for the preparation and issuance,
including mailing, of the license or certificate.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.007. VACANCY DURING VACATION. If the office of
clerk becomes vacant during vacation, the chief justice and one
justice shall appoint an individual to serve as clerk until a
regular appointment is made. The individual appointed must give
the bond and oath prescribed for the regular clerk. The bond must
be approved by a justice of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. CLERK OF COURT OF CRIMINAL APPEALS
§ 51.101. OATH; BOND. The clerk of the court of
criminal appeals must sign the oath prescribed for officers of this
state and must give a bond in the amount of $5,000. The bond must be
approved by the court of criminal appeals and is subject to the same
conditions as the bond required of the clerk of the supreme court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.102. DEPUTY CLERK. (a) The court of criminal
appeals, or the clerk of the court of criminal appeals with the
court's approval, may appoint a stenographer employed by the court
to act as a deputy clerk to perform the clerk's duties during the
absence, illness, or other disability of the clerk.
(b) The stenographer appointed deputy clerk shall perform
the duties of the clerk in the name of the clerk and shall sign his
own name as deputy clerk after signing the clerk's name.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.103. REMOVAL OF CLERK. The court of criminal
appeals may remove the clerk for good cause, entered in the minutes
of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.104. DUTIES AND LIABILITIES. (a) The clerk of the
court of criminal appeals shall perform the like duties for the
court of criminal appeals that the clerk of the supreme court
performs for the supreme court.
(b) The clerk of the court of criminal appeals is subject to
the liabilities prescribed for the clerk of the supreme court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.105. ELECTRONIC STORAGE. (a) In the performance
of the duties imposed by Section 51.104, the clerk of the court of
criminal appeals may maintain writs and other records and documents
in an electronic storage format. If the clerk electronically
stores writs, records, or documents, the clerk may destroy the
originals or copies of the writs, records, or documents according
to the retention policy described by Subsection (b).
(b) The clerk of the court of criminal appeals shall
establish a records retention policy. The retention policy shall
provide a plan for the storage and retention of writs and other
documents and shall include a retention period to preserve the
writs and other records in accordance with state law and applicable
rules of the court of criminal appeals.
(c) For purposes of this section, "electronic storage"
means the maintenance of data in the form of digital electronic
signals on a computer hard disk, magnetic tape, optical disk, or
similar machine-readable medium.
Added by Acts 2001, 77th Leg., ch. 718, § 1, eff. Sept. 1, 2001.
SUBCHAPTER C. CLERKS OF COURTS OF APPEALS
§ 51.201. APPOINTMENT; RESIDENCE; BOND; SEAL. (a) A
clerk of a court of appeals serves for a term of two years and the
order appointing the clerk must be recorded in the minutes of the
court.
(b) The clerk must reside within a county that is part of the
court of appeals district of the court of appeals making the
appointment.
(c) Repealed by Acts 2003, 78th Leg., ch. 285, § 31(7).
(d) Each clerk shall provide a seal for the use of the court.
The seal must have a five-pointed star and must be engraved with the
words "Court of Appeals of the State of Texas."
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 1.61, eff. Sept. 1, 1987;
Acts 2003, 78th Leg., ch. 285, § 31(7), eff. Sept. 1, 2003.
§ 51.202. CLERK PRO TEMPORE; DEPUTY CLERK. (a) A
court of appeals, when necessary, may appoint a clerk pro tempore.
(b) With the approval of the court, the clerk may appoint
deputy clerks as provided by legislative appropriation. A deputy
clerk must give a bond to the clerk, conditioned on the faithful
performance of the duties of office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.203. REMOVAL OF CLERK. (a) After motion and a
hearing, a court of appeals may remove its clerk for neglect of duty
or malfeasance in office. The motion must specify the particular
charges.
(b) The court must give the clerk at least 10 days' notice of
the hearing.
(c) At the hearing, the court determines the law and facts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.204. RECORDS OF COURT. (a) The clerk of a court
of appeals shall:
(1) file and carefully preserve records certified to
the court and papers relative to the record;
(2) docket causes in the order in which they are filed;
(3) record the proceedings of the court except
opinions and orders on motions; and
(4) certify the judgments of the court to the proper
courts.
(b) On the issuance of the mandate in each case, the clerk
shall notify the attorneys of record in the case that:
(1) exhibits submitted to the court by a party may be
withdrawn by that party or the party's attorney of record; and
(2) exhibits on file with the court will be destroyed
three years after final disposition of the case or at an earlier
date if ordered by the court.
(c) Not sooner than the 60th day and not later than the 90th
day after the date of final disposition of a criminal case, the
clerk shall remove and destroy all duplicate papers in the file on
record of that case.
(d) Six years after the final disposition of a civil case in
the court, the clerk shall, not sooner than the 90th day after the
date the clerk provides notice to the district or county clerk,
destroy all records filed in the court related to the case except:
(1) records that the clerk of the trial court requests
be returned to the trial court for preservation in accordance with
records retention schedules for records of district and county
clerks issued under Section 441.158 and applicable rules of the
supreme court;
(2) records that, in the opinion of the clerk or other
person designated by the court, contain highly concentrated,
unique, and valuable information unlikely to be found in any other
source available to researchers;
(3) indexes, original opinions, minutes, and general
court dockets unless the documents are microfilmed in accordance
with this section for permanent retention, in which case the
original document shall be destroyed; and
(4) other records of the court determined to be
archival state records under Section 441.186.
(e) Twenty-five years after the final disposition of a
criminal case to which this subsection applies, the clerk shall
destroy all records relating to the case, other than a record
described by Subsection (d)(2), (3), or (4). This subsection
applies to a criminal case in which the sentence, suspended
sentence, term of community supervision, combined sentence and term
of community supervision, cumulative sentences or terms of
community supervision, or the longest sentence or term of community
supervision of two or more sentences or terms of community
supervision to be served concurrently is 20 years or less.
(f) The clerk shall retain other records of the court, such
as financial records, administrative correspondence, and other
materials not related to particular cases in accordance with
Section 441.185.
(g) Before microfilming records, the clerk must submit a
plan in writing to the justices of a court of appeals for that
purpose. If a majority of the justices of a court of appeals
determines that the plan meets the requirements of Section 441.188,
rules adopted under that section, and any additional standards and
procedures the justices may require, the justices shall inform the
clerk in writing and the clerk may adopt the plan. The decision of
the justices must be entered in the minutes of the court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 873, § 2, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 408, § 1, eff. Sept. 1, 1999.
§ 51.206. LAW LIBRARY. (a) Each clerk of a court of
appeals is the librarian of the court and shall keep the books in
the court's library in good order and catalogue them.
(b) The clerk may purchase additional law books for the use
of the court from the fees collected by the court. Those
expenditures may not exceed annually the specific amounts
additionally authorized for the purchase of law books in the
General Appropriations Act.
(c) All fees collected for the purchase of law books shall
be deposited in the state treasury to the credit of the appropriate
court. Book expenditures shall be made on a warrant drawn on the
state treasury by the state comptroller as provided by the
judiciary section of the General Appropriations Act.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.207. FEES AND COSTS. (a) The clerk of a court of
appeals shall collect the fees described in Subsection (b) in a
civil case before the court for the following services:
(1) filing records, applications, motions, briefs,
and other necessary and proper papers;
(2) docketing and making docket and minute book
entries;
(3) issuing notices, citations, processes, and
mandates;
(4) preparing transcripts on application for writ of
error to the supreme court; and
(5) performing other necessary clerical duties.
(b) The fees are:
(1) for cases appealed to and filed in the court of
appeals from the district and county courts within its court of
appeals district$100
(2) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the court of appeals$ 50
(3) additional fee if the motion under Subdivision (2)
is granted$ 75
(4) motion to file or to extend time to file record on
appeal from district or county court$ 10
(c) In addition, the clerk of a court of appeals shall
collect:
(1) a fee of $5 for administering an oath and giving a
sealed certificate of the oath;
(2) a fee of $5, or $1 per page if more than five pages,
for a certified copy of any papers of record in the court offices,
including certificate and seal;
(3) a fee of $5, or $1 per page if more than five pages,
for comparing any document with the original filed in the offices of
the court for purposes of certification; and
(4) a reasonable fee fixed by the order or rule of the
supreme court for any official service performed by the clerk for
which a fee is not otherwise provided by this section.
(d) The supreme court shall provide by order or rule for the
making of deposits to cover the costs provided by this section in
cases before a court of appeals. A deposit may not be required in a
case in which the petitioner, relator, appellant, or movant in the
court of appeals is exempt from the bond requirement.
(e) The clerk of a court of appeals shall pay into the state
treasury the fees and costs under rules prescribed by the
comptroller of public accounts and approved by the justices of the
clerk's court. The clerk shall make a sworn report to the court not
later than January 10 and July 10 of each year regarding the amount
of costs collected in the previous six months, the cases in which
the costs were collected, and the disposition of the costs. This
report shall be filed with the financial records of the court.
(f) Repealed by Acts 1987, 70th Leg., ch. 148, § 2.66,
eff. Sept. 1, 1987.
(g) One-half of the fees collected under this section shall
be deposited to the credit of the judicial fund.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1986, 69th Leg., 2nd C.S., ch. 11, § 4, eff. Sept. 22,
1986; Acts 1987, 70th Leg., ch. 148, § 1.62, 2.66, eff. Sept. 1,
1987; Acts 1997, 75th Leg., ch. 1080, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. DISTRICT CLERKS
§ 51.301. VACANCY; BOND; SEAL. (a) If a vacancy
occurs in the office of district clerk, the vacancy shall be filled
by the district judge of the county.
(b) If a vacancy in the office of district clerk occurs in a
county that has two or more district courts, the vacancy shall be
filled by agreement of the judges of the courts. If the judges
cannot agree on an appointee, they shall certify that fact to the
governor, who shall order a special election to fill the vacancy.
(c) An appointee to fill a vacancy in the office of district
clerk must qualify and give a bond.
(d) Each district clerk shall be provided with a seal for
the district court. The seal must have a five-pointed star and must
be engraved with the words "District Court of __________ County,
Texas." The seal shall be impressed on all process issued by the
court except subpoenas and shall be kept and used by the clerk to
authenticate official acts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.302. BOND; OATH; INSURANCE. (a) Except as
provided by Subsection (g), before beginning the duties of office,
each district clerk must give a bond with two or more sufficient
sureties or with a surety company authorized to do business in this
state as a surety. The bond must:
(1) be payable to the governor;
(2) be conditioned on the faithful performance of the
duties of the office;
(3) be approved by the commissioners court; and
(4) be in an amount equal to not less than 20 percent
of the maximum amount of fees collected in any year during the term
of office immediately preceding the term of office for which the
bond is given, except that the bond may not be in an amount less than
$5,000 nor more than $100,000.
(b) The district clerk must take and sign the oath
prescribed for officers of this state, which must be endorsed on the
bond, if a bond is required, and the bond and oath, or oath, must be
filed and recorded in the office of the county clerk.
(c) Each district clerk shall obtain an insurance policy or
similar coverage from a governmental pool operating under Chapter
119, Local Government Code, or from a self-insurance fund or risk
retention group created by one or more governmental units under
Chapter 1084, Acts of the 70th Legislature, Regular Session, 1987
(Article 715c, Vernon's Texas Civil Statutes), to cover the
district clerk and any deputy clerk against liabilities incurred
through errors or omissions in the performance of official duties.
The amount of the policy or other coverage document must be equal to
the maximum amount of fees collected in any year during the term of
office immediately preceding the term for which the insurance is
obtained, except that the amount of the policy or other coverage
document must be at least $20,000 but not more than $700,000. If
the policy or other coverage document provides coverage for other
county officials, the amount of the policy must be at least $1
million.
(d) Each district clerk shall obtain an insurance policy or
similar coverage from a governmental pool operating under Chapter
119, Local Government Code, or from a self-insurance fund or risk
retention group created by one or more governmental units under
Chapter 1084, Acts of the 70th Legislature, Regular Session, 1987
(Article 715c, Vernon's Texas Civil Statutes), to cover losses from
burglary, theft, robbery, counterfeit currency, or destruction.
The amount of the policy or other coverage document must be at least
$20,000 but not more than $700,000.
(e) The commissioners court may establish a contingency
fund to provide the coverage required by Subsection (c) or (d) if it
is determined by the district clerk that insurance coverage is
unavailable at a reasonable cost. The commissioners court may set
an additional filing fee in an amount not to exceed $5 for each suit
filed to be collected by the district clerk. The fee shall be paid
into the fund. When the contingency fund reaches an amount equal to
that required by Subsection (c) or (d), the clerk shall stop
collecting the additional fee.
(f) The commissioners court shall pay the premiums on the
bonds and insurance policies or other similar coverage required
under this section from the county general fund.
(g) In lieu of the bond required by Subsection (a), the
county may self-insure against losses that would have been covered
by the bond.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 71, § 3, 4, eff. May 7, 1987; Acts
1993, 73rd Leg., ch. 561, § 2, eff. Aug. 30, 1993; Acts 1999,
76th Leg., ch. 1062, § 1, eff. June 18, 1999.
§ 51.303. DUTIES AND POWERS. (a) The clerk of a
district court has custody of and shall carefully maintain and
arrange the records relating to or lawfully deposited in the
clerk's office.
(b) The clerk of a district court shall:
(1) record the acts and proceedings of the court;
(2) enter all judgments of the court under the
direction of the judge; and
(3) record all executions issued and the returns on
the executions.
(c) The district clerk shall keep an index of the parties to
all suits filed in the court. The index must list the parties
alphabetically using their full names and must be cross-referenced
to the other parties to the suit. In addition, a reference must be
made opposite each name to the minutes on which is entered the
judgment in the case.
(d) Repealed by Acts 1995, 74th Leg., ch. 641, § 1.05,
eff. Sept. 1, 1995.
(e) The clerk of a district court may:
(1) take the depositions of witnesses; and
(2) perform other duties imposed on the clerk by law.
(f) In addition to the other powers and duties of this
section, a district clerk shall accept applications for protective
orders under Chapter 71, Family Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 354, § 1, eff. Aug. 31, 1987; Acts
1989, 71st Leg., ch. 1248, § 35, eff. Sept. 1, 1989; Acts 1995,
74th Leg., ch. 641, § 1.05, eff. Sept. 1, 1995; Acts 1995, 74th
Leg., ch. 1024, § 20, eff. Sept. 1, 1995.
§ 51.3031. ISSUANCE OF UNITED STATES PASSPORTS. (a) A
district clerk may perform all duties necessary to process an
application for a United States passport, including taking passport
photographs.
(b) To recover the costs of taking passport photographs, a
district clerk may collect a reasonable fee in an amount set by the
commissioners court of the county in which the district clerk's
office is located.
(c) A district clerk, after collecting a fee under
Subsection (b), shall pay the fee to the county treasurer, or to an
official who discharges the duties of the county treasurer, for
deposit in the general fund of the county.
Added by Acts 1999, 76th Leg., ch. 179, § 1, eff. May 21, 1999.
§ 51.304. PRESERVATION OF RECORDS. (a) The district
clerk may, pursuant to the clerk's duty to record the acts and
proceedings of the court, provide a plan for the storage of records,
acts, proceedings, minutes of the court, and registers, records,
and instruments for which the clerk is responsible by law, by
microfilm, image processing technology, or other process that
correctly and legibly reproduces or that forms a medium for copying
or reproducing or by optical data storage. The plan must be in
writing and provide for the maintenance, retention, security,
retrieval, and reproduction of stored records.
(b) The plan must:
(1) require the recording and filing of original
instruments, records, and minutes within a specified time after
presentation to the district clerk;
(2) permit the use of original paper records in a
proceeding before the court;
(3) provide standards for the organizing,
identifying, coding, and indexing of records so a record can be
retrieved rapidly and the reproduced record can be certified as a
true and correct copy;
(4) provide for the use of materials to reproduce
records and, if appropriate to the method by which records are
stored, provide for the use of processes relating to the
development, fixation, and washing of the photographic duplicates,
that are of a quality approved for permanent photographic records
by the American National Standards Institute, or another nationally
recognized entity that establishes archival standards for mediums
used to store data and records; and
(5) provide for the permanent retention of records,
including security provisions to guard against physical loss,
alteration, and deterioration.
(c) Repealed by Acts 1989, 71st Leg., ch. 1248, § 85(3),
eff. Sept. 1, 1989.
(d) A reproduction of a record stored in accordance with the
provisions of a plan adopted under this section is an original
record and shall be accepted as an original record by the courts and
administrative agencies of this state.
(e) A transcript, exemplification, copy, or reproduction on
paper or film of a record stored in accordance with the provisions
of a plan adopted under this section is a certified copy of the
original record.
(f), (g) Repealed by Acts 1989, 71st Leg., ch. 1248, §
85(3), eff. Sept. 1, 1989.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 978, § 1, eff. Aug. 28, 1989.
§ 51.306. RECORDING PROCEEDINGS OF MORE THAN ONE
COURT. (a) A district clerk who has duties in more than one
district court may combine the minutes of the civil business of the
courts into one record. The clerk may also combine the minutes of
the criminal business of the courts into a separate record.
(b) The clerk shall enter the minutes into the appropriate
record sequentially, regardless of the district court from which
the business originates.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.307. TRANSFERRED JUDGMENTS. If a district clerk
receives a certified copy of a judgment rendered in a county court
in which jurisdiction has been transferred to the district court,
the district clerk shall immediately record the judgment in the
minutes of the district court. The district court shall enforce the
judgment in the same manner as judgments rendered in the district
court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.308. CLERK PRO TEMPORE. If a district clerk is a
party to an action in a court he serves, the district judge, on the
application of any interested person or on the judge's own motion,
may appoint a clerk pro tempore for the purposes of the action. The
clerk pro tempore must take an oath to faithfully and impartially
perform the duties of the appointment and must give a bond, payable
to the State of Texas, conditioned on the faithful performance of
those duties, in an amount fixed and approved by the judge. The
clerk pro tempore shall perform the duties of the district clerk
relating to the action during the period of the appointment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.309. DEPUTY CLERK. (a) The district clerk may
appoint deputy clerks. Each appointment must be in writing under
the hand and seal of the district court and must be recorded in the
office of the county clerk. A deputy clerk must take the oath
prescribed for officers of this state. A deputy clerk may perform
in the name of the district clerk all official acts of the office of
district clerk.
(b) Except as provided by Subsection (c), the district clerk
shall obtain a surety bond to cover a deputy clerk or a schedule
surety bond or a blanket surety bond to cover more than one deputy
and all employees of the office. A deputy clerk and an employee
must be covered on the same conditions and in the same amount as the
district clerk. The bond covering the deputies and employees shall
be made payable to the governor for the use and benefit of the
district clerk.
(c) In lieu of the bond required by Subsection (b), the
county may self-insure against losses that would have been covered
by the bond.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 71, § 5, 6, eff. May 7, 1987; Acts
1993, 73rd Leg., ch. 199, § 2, eff. May 19, 1993.
§ 51.310. DEPUTY DISTRICT CLERKS OF BEXAR
COUNTY. (a) The district clerk of Bexar County shall appoint one
or more deputy clerks to serve each district court in Bexar County.
Persons appointed deputy clerk must be acceptable to the judges. An
appointment of a clerk to serve a particular court must be confirmed
in writing by the judge of that court. Before assuming the duties
of office, a deputy clerk must take the oath prescribed for officers
of this state.
(b) The district clerk may require a deputy clerk to give a
bond. The district clerk may prescribe the conditions and amount of
the bond, or those terms may be set as otherwise provided by law.
(c) The deputy clerk shall perform the official duties of
the district clerk and shall attend each session of the court to
which the deputy is appointed. The deputy clerk shall also perform
services requested by a judge.
(d) The deputy clerks may act for each other in any matter
pertaining to the clerical business of the courts or when requested
to do so by a judge or the district clerk. A deputy clerk acting for
another deputy clerk may not receive additional compensation.
(e) A deputy clerk serves at the pleasure of the judge of the
court the deputy serves. If the office of a deputy clerk becomes
vacant, the district clerk shall appoint another deputy clerk in
the manner provided for initial appointments.
(f) The district clerk shall fix the annual salary of the
deputy clerk of each court. The salary must be approved by the
commissioners court and shall be paid in equal installments twice
monthly from the county fund established for the purpose.
(g) This section does not prevent the district clerk from
appointing additional deputy clerks to any of the courts if
necessary or if requested by the judge of one of the courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.311. SPECIAL DEPUTY DISTRICT CLERK IN LUBBOCK AND
NUECES COUNTIES. (a) In Lubbock and Nueces counties, the
district clerk shall appoint, at the request of a district judge, a
special deputy district clerk to serve that judge's court.
(b) The salary of a special deputy clerk appointed under
this section shall be paid out of the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.312. SPECIAL DEPUTY DISTRICT CLERK IN DALLAS, EL
PASO, HARRIS, TARRANT, AND TRAVIS COUNTIES. (a) In Dallas, El
Paso, Harris, Tarrant, and Travis counties, the district clerk may
appoint, at the request of a district judge, a special deputy
district clerk to serve that judge's court.
(b) The salary of a special deputy clerk appointed under
this section shall be paid out of the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.313. SPECIAL DEPUTY DISTRICT CLERK IN COLLIN AND
DENTON COUNTIES. (a) In Collin and Denton counties, the district
clerk may appoint, at the request of a district judge, a special
deputy district clerk to serve that judge's court.
(b) The salary of a special deputy clerk appointed under
this section shall be paid out of the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.314. SPECIAL DEPUTY DISTRICT CLERK IN GALVESTON
COUNTY. The Commissioners Court of Galveston County may pay for
the services of a special deputy district clerk if the
commissioners court considers a deputy clerk necessary. The clerk
of the court in which the deputy clerk serves shall appoint the
deputy clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.315. SPECIAL DEPUTY DISTRICT CLERKS FOR CERTAIN
COURTS IN HARRIS COUNTY. (a) The Commissioners Court of Harris
County may pay the salary of the special deputy district clerks that
it considers necessary for the 177th, 178th, 179th, and 180th
district courts.
(b) The clerk of the court shall appoint a deputy district
clerk under this section.
(c) A deputy district clerk serves at the will of the
appointing clerk.
(d) A deputy district clerk is entitled to a salary from the
county paid monthly from the general funds of the county. The
salary may not exceed the compensation allowed by law to other
deputy district clerks.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.316. DEPUTY CLERK AND ASSISTANT IN HIDALGO,
JEFFERSON, AND NUECES COUNTIES. (a) In Hidalgo, Jefferson, and
Nueces counties, the district clerk may apply in writing to the
district judges in the county to appoint a deputy district clerk or
an assistant. The application must state the number of deputies or
assistants to be appointed and the probable receipts and
disbursements of the office. If a majority of the judges approve
the appointment, they shall certify the list to the commissioners
court. The application and the order approving the application
must be recorded in the minutes of the district court.
(b) A deputy clerk or assistant appointed under this section
shall perform the duties required by the district clerk and serves
at the pleasure of the district clerk. A deputy clerk or assistant
may not be employed except as provided by this section.
(c) An assistant appointed under this section must take the
oath prescribed for officers of this state.
(d) The salary of an assistant appointed under this section
shall be paid out of the general fund or the officers' salary fund
of the county. The salary of a court clerk, index clerk, or clerk
handling the jury shall be paid out of the general fund or the jury
fund.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.317. FEES DUE AT FILING. (a) The district clerk
shall collect at the time the suit or action is filed the fees
provided by Subsections (b) and (b-1) for services performed by the
clerk.
(b) The fees are:
(1) except as provided by Subsection (b-1), for filing
a suit, including an appeal from an inferior court $50
(2) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition $15
(3) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed $8
(4) for records management and preservation $10.
(b-1) The fees for filing a suit, including an appeal from
an inferior court, are:
(1) $75, for a suit with at least 11 but not more than
25 plaintiffs;
(2) $100, for a suit with at least 26 but not more than
100 plaintiffs;
(3) $125, for a suit with at least 101 but not more
than 500 plaintiffs;
(4) $150, for a suit with at least 501 but not more
than 1,000 plaintiffs; and
(5) $200, for a suit with more than 1,000 plaintiffs.
(c) The district clerk, after collecting a fee under
Subsection (b)(4), shall pay the fee to the county treasurer, or to
an official who discharges the duties commonly delegated to the
county treasurer, for deposit as follows:
(1) $5 to the county records management and
preservation fund for records management and preservation,
including automation, in various county offices; and
(2) $5 to the district clerk records management and
preservation fund for records management and preservation services
performed by the district clerk after a document is filed in the
records office of the district clerk.
(d) A fee deposited in accordance with Subsection (c) may be
used only to provide funds for specific records management and
preservation, including for automation purposes, on approval by the
commissioners court of a budget as provided by Chapter 111, Local
Government Code.
(e) An expenditure from a records management and
preservation fund must comply with Subchapter C, Chapter 262, Local
Government Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1986, 69th Leg., 2nd C.S., ch. 11, § 5, eff. Sept. 22,
1986; Acts 1991, 72nd Leg., ch. 186, § 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 675, § 5, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 641, § 1.01, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 976, § 1, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 732, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
1080, § 1, eff. Sept. 1, 2003.
§ 51.318. FEES DUE WHEN SERVICE PERFORMED OR
REQUESTED. (a) In addition to a fee under Section 51.317 the
district clerk shall collect at the time the service is performed or
at the time the service is requested the fees provided by Subsection
(b) for services performed by the clerk.
(b) The fees are:
(1) for issuing a subpoena, including one copy $8
(2) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law$8
(3) for searching files or records to locate a cause
when the docket number is not provided$5
(4) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's
office$5
(5) for abstracting a judgment $8
(6) for approving a bond $4
(7) for a certified copy of a record, judgment, order,
pleading, or paper on file or of record in the district clerk's
office, including certificate and seal, for each page or part of a
page$1
(8) for a noncertified copy, for each page or part of a
pagenot to exceed $1.
(c) The fee is the obligation of the party to the suit or
action initiating the request.
(d) The district clerk may accept a bond as security for a
fee imposed under this section.
(e) The district clerk may not charge the United States
Immigration and Naturalization Service a fee for a copy of any
document on file or of record in the clerk's office relating to an
individual's criminal history, regardless of whether the document
is certified.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 186, § 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 465, § 1, eff. Aug. 30, 1993; Acts 1995,
74th Leg., ch. 641, § 1.02, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 976, § 2, eff. Sept. 1, 1997.
§ 51.319. OTHER FEES. The district clerk shall collect
the following fees for services performed by the clerk:
(1) for performing services related to the matter of
the estate of a deceased person or a minor transacted in the
district court, the same fees allowed the county clerk for those
services;
(2) for serving process by certified or registered
mail, the same fee that sheriffs and constables are authorized to
charge for the service under Section 118.131, Local Government
Code; and
(3) for performing any other service prescribed or
authorized by law for which no fee is set by law, a reasonable fee.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 641, § 1.03, eff. Sept. 1, 1995.
§ 51.3195. COPIES OF COURT RECORDS PRESERVED ONLY ON
MICROFILM OR BY ELECTRONIC METHOD. (a) On the written request of
a party in an action, the district clerk shall provide the court
with a copy of a motion, order, or other pleading in the action that
is preserved only on microfilm or by other electronic means. The
request must specify the document sought and the approximate date
that the document was filed.
(b) The district clerk may not charge a fee for a copy made
under this section.
Added by Acts 1999, 76th Leg., ch. 1356, § 2, eff. Sept. 1, 1999.
§ 51.320. BILL FOR SERVICES. A fee under this
subchapter is not payable until the district clerk produces, or is
ready to produce, a bill for services that contains the particulars
of the fee charged before payment of the fee is required. The bill
must be signed by the clerk or the clerk's successor in office or
legal representative who charges the fee or to whom the fee is due.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.322. REMOVAL. A court rendering a judgment
removing a district clerk under Article V, Section 9, of the Texas
Constitution shall include in the judgment an order removing the
clerk.
Added by Acts 1989, 71st Leg., ch. 2, § 8.28(a), eff. Aug. 28,
1989.
SUBCHAPTER E. COUNTY CLERKS
§ 51.401. CLERK PRO TEMPORE. If a county clerk is a
party to an action in the court he serves, the county judge, on the
application of any interested person or on the judge's own motion,
shall appoint a clerk pro tempore for the purposes of the action.
The clerk pro tempore must take an oath to faithfully and
impartially perform the duties of the appointment and must give a
bond conditioned on the faithful performance of those duties in an
amount fixed and approved by the judge. The bond must be payable to
the State of Texas. A clerk pro tempore shall perform the duties of
the clerk during the period of the appointment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.402. DUTIES AND POWERS. (a) The clerk of a county
court may:
(1) issue marriage licenses; and
(2) take affidavits and depositions.
(b) On the last day of each term of the court, the clerk
shall make a written statement of fines and jury fees received since
the last statement. The statement must include the name of the
party from whom a fine or jury fee was received, the name of each
juror who served during the term, the number of days served, and the
amount due the juror for the services. The statement shall be
recorded in the minutes of the court after it is approved and signed
by the presiding judge.
(c) The clerk shall deposit fines and jury fees received by
the clerk in the county treasury for the use of the county.
(d) In addition to the other powers and duties of this
section, a county clerk that serves as the clerk for a court having
jurisdiction of applications for protective orders under Chapter
71, Family Code, shall accept those applications.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 1024, § 21, eff. Sept. 1, 1995.
§ 51.403. TRANSFER OF CASES. (a) If a case is
transferred from a county court to a district court, the clerk of
the county court shall send to the district clerk:
(1) a certified transcript of the proceedings held in
the county court;
(2) the original papers filed in the county court; and
(3) a bill of the costs that have accrued in the county
court.
(b) If civil or criminal jurisdiction of a county court is
transferred to a district court, the clerk of the county court shall
send a certified copy of the judgments rendered in the county court
that remain unsatisfied to the district clerks of the appropriate
counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.404. SPECIAL DEPUTY COUNTY CLERK IN GALVESTON
COUNTY. The Commissioners Court of Galveston County may pay for
the services of a special deputy district county clerk if the
commissioners court considers a deputy clerk necessary. The clerk
of the court in which the deputy clerk serves shall appoint the
deputy clerk.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER F. JOINT CLERKS
§ 51.501. JOINT CLERKS. (a) Except as otherwise
provided by this section, a county with a population of less than
8,000 shall elect a single clerk to perform the duties of the
district clerk and the county clerk.
(b) The offices of county clerk and district clerk may
remain separate if a majority of the qualified voters in the county
vote to keep the offices separate at an election held for that
purpose. The commissioners court of the county may hold a special
election for that purpose on a uniform election date authorized by
law that occurs not later than the 30th day before the date of the
regular primary election that precedes the expiration of the
constitutional term of office for the clerk. Notice of the special
election shall be published in a newspaper of general circulation
in the county not later than the 20th day before the date scheduled
for the election. The question may be presented to the voters again
immediately before the expiration of each subsequent
constitutional term of office of the separate clerk. The special
election may not prevent a county clerk, district clerk, or joint
clerk from serving the full term of office to which the clerk was
elected.
(c) The commissioners court of a county that has a
population of 6,000 to 6,125 shall determine whether the county
shall have a joint clerk but may not take action to prevent a
district clerk, county clerk, or joint clerk from serving the full
term of office to which the clerk was elected.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., ch. 597, § 69, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 669, § 17, eff. Sept. 1, 2001.
§ 51.502. SEAL. A joint clerk performing the duties of
the district clerk and the county clerk shall use the district court
seal to authenticate official acts for the district court and the
county court seal to authenticate official acts for the county
court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
SUBCHAPTER G. MISCELLANEOUS PROVISIONS
§ 51.601. COURT REPORTER SERVICE FEE. (a) The clerk of
each court that has an official court reporter shall collect a court
reporter service fee of $15 as a court cost in each civil case filed
with the clerk to maintain a court reporter who is available for
assignment in the court.
(b) The clerk shall collect this fee in the manner provided
for other court costs and shall deliver the fee to the county
treasurer, or the person who performs the duties of the county
treasurer, of the county in which the court sits. The county
treasurer, or the person who performs the duties of the county
treasurer, shall deposit the fees received into the court reporter
service fund.
(c) The commissioners court of the county shall administer
the court reporter service fund to assist in the payment of
court-reporter-related services, that may include maintaining an
adequate number of court reporters to provide services to the
courts, obtaining court reporter transcription services,
closed-caption transcription machines, Braille transcription
services, or other transcription services to comply with state or
federal laws, or providing any other service related to the
functions of a court reporter.
(d) The commissioners court shall, in administering the
court reporter service fund, assist any court in which a case is
filed that requires the payment of the court reporter service fee.
(e) This section does not apply to an action brought to
collect delinquent taxes.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 1080, § 6, eff. Sept. 1, 1989; Acts
1995, 74th Leg., ch. 144, § 2, eff. Aug. 28, 1995.
§ 51.602. COMPENSATION OF CERTAIN CLERKS. The salaries
of the clerks of the supreme court, the court of criminal appeals,
and the courts of appeals are determined by the legislature in the
acts appropriating funds for the support of the judiciary. The
legislature shall also fix the amount of supplemental salaries paid
to those clerks from court fees and receipts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 51.604. JURY FEE. (a) The district clerk shall
collect a $30 jury fee for each civil case in which a person applies
for a jury trial. The clerk of a county court or statutory county
court shall collect a $22 jury fee for each civil case in which a
person applies for a jury trial. The clerk shall note the payment
of the fee on the court's docket.
(b) The fee required by this section must be paid by the
person applying for a jury trial not later than the 10th day before
the jury trial is scheduled to begin.
(c) The fee required by this section includes the jury fee
required by Rule 216, Texas Rules of Civil Procedure, and any other
jury fee allowed by law or rule.
Added by Acts 1987, 70th Leg., ch. 897, § 1, eff. June 19, 1987.
Amended by Acts 1995, 74th Leg., ch. 641, § 1.04, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 976, § 3, eff. Jan. 1, 1998.
§ 51.605. CONTINUING EDUCATION. (a) In this section,
the word "clerk" includes a county clerk, district clerk, or county
and district clerk.
(b) A clerk shall complete 20 hours of instruction regarding
the performance of the clerk's duties of office during each
calendar year that begins after the clerk's election or appointment
to office.
(c) A clerk must annually complete 20 hours of continuing
education courses including at least one hour of continuing
education courses regarding registry funds handled under Chapter
117, Local Government Code, in the performance of the duties of
office. The 20 hours of required continuing education courses must
include at least one hour of continuing education regarding
fraudulent court documents and fraudulent document filings.
Added by Acts 1987, 70th Leg., ch. 345, § 1, eff. Jan. 1, 1988.
Renumbered from § 51.604 by Acts 1989, 71st Leg., ch. 2, §
16.01(23), eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg., ch.
189, § 13, eff. May 21, 1997; Acts 1997, 75th Leg., ch. 505, §
23, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 976, § 4, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 154, § 1, eff. Jan. 1,
2004.
§ 51.606. PROHIBITED FEES. A clerk is not entitled to a
fee for:
(1) the examination of a paper or record in the clerk's
office;
(2) filing any process or document the clerk issues
that is returned to court;
(3) a motion or judgment on a motion for security for
costs; or
(4) taking or approving a bond for costs.
Added by Acts 1993, 73rd Leg., ch. 268, § 10, eff. Sept. 1, 1993.
§ 51.607. IMPLEMENTATION OF NEW OR AMENDED COURT COSTS
AND FEES. (a) Following each regular session of the legislature,
the comptroller shall identify each law enacted by that
legislature, other than a law disapproved by the governor, that
imposes or changes the amount of a court cost or fee collected by
the clerk of a district, county, statutory county, municipal, or
justice court from a party to a civil case or a defendant in a
criminal case, including a filing or docketing fee, jury fee, cost
on conviction, or fee or charge for services or to cover the
expenses of a public official or agency. This subsection does not
apply to attorney's fees, civil or criminal fines or penalties, or
amounts charged, paid, or collected on behalf of another party to a
proceeding other than the state in a criminal case, including
restitution or damages.
(b) The comptroller shall prepare a list of each court cost
or fee covered by Subsection (a) to be imposed or changed and shall
publish the list in the Texas Register not later than August 1 after
the end of the regular session of the legislature at which the law
imposing or changing the amount of the cost or fee was enacted. The
comptroller shall include with the list a statement describing the
operation of this section and stating the date the imposition or
change in the amount of the court cost or fee will take effect under
Subsection (c).
(c) Notwithstanding the effective date of the law imposing
or changing the amount of a court cost or fee included on the list,
the imposition or change in the amount of the court cost or fee does
not take effect until the next January 1 after the law takes effect.
(d) This section does not apply to a court cost or fee if the
law imposing or changing the amount of the cost or fee:
(1) expressly provides that this section does not
apply to the imposition or change in the amount of the cost or fee;
or
(2) takes effect before August 1 or after the next
January 1 following the regular session of the legislature at which
the law was enacted.
Added by Acts 2003, 78th Leg., ch. 209, § 81(a), eff. Sept. 1,
2003 and Acts 2003, 78th Leg., ch. 823, § 1, eff. June 20, 2003.
SUBCHAPTER H. ADDITIONAL FILING FEE FOR JUDICIAL FUND
§ 51.701. ADDITIONAL FILING FEE FOR JUDICIAL
FUND. (a) In addition to each fee collected under Section
51.317(b)(1), the district clerk shall collect a $40 filing fee to
be used for court-related purposes for the support of the
judiciary.
(b) The district clerk shall send the fees collected under
this section to the comptroller at least as frequently as monthly.
The comptroller shall deposit the fees in the judicial fund.
(c) Sections 51.320 and 51.321 apply to a fee collected
under this section.
(d) The district clerk, at the time fees are sent under
Subsection (b), shall report to the comptroller the amount of fees
collected under this section for cases assigned to a statutory
county court.
Added by Acts 1986, 69th Leg., 2nd C.S., ch. 11, § 6, eff. Sept.
22, 1986. Amended by Acts 1993, 73rd Leg., ch. 144, § 3, eff.
Aug. 30, 1993.
§ 51.702. ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY
COUNTY COURTS. (a) Except as provided by Subsection (g), in
addition to all other fees authorized or required by other law, the
clerk of a statutory county court shall collect a $40 filing fee in
each civil case filed in the court to be used for court-related
purposes for the support of the judiciary.
(b) In addition to other court costs, a person shall pay $15
as a court cost on conviction of any criminal offense in a statutory
county court, including cases in which probation or deferred
adjudication is granted. A conviction that arises under Chapter
521, Transportation Code, or a conviction under Subtitle C, Title
7, Transportation Code , is included, except that a conviction
arising under any law that regulates pedestrians or the parking of
motor vehicles is not included.
(c) Court costs and fees due under this section shall be
collected in the same manner as other fees, fines, or costs are
collected in the case.
(d) The clerk shall deposit the fees and costs collected
under this section to be sent to the comptroller as provided by
Subchapter B, Chapter 133, Local Government Code. The comptroller
shall deposit the fees in the judicial fund.
(e) Section 51.320 applies to a fee or cost collected under
this section.
(f) Subsections (a)-(d) and (g)-(k) apply only to fees and
costs for a 12-month period beginning July 1 in a county in which
the commissioners court:
(1) adopts a resolution authorizing the fees and costs
under Subsections (a) and (b); and
(2) files the resolution with the comptroller not
later than June 1 immediately preceding the first 12-month period
during which the fees and costs are to be collected.
(g) A resolution under Subsection (f) continues from year to
year allowing the county to collect fees and costs under
Subsections (a) and (b) under the terms of this section until the
resolution is rescinded.
(h) A commissioners court that desires to rescind a
resolution adopted under Subsection (f) must submit to the
comptroller not later than June 1 preceding the beginning of the
first day of the state fiscal year the commissioners court desires
to rescind the resolution.
(i) A county that is not eligible to participate under
Subsection (f) on July 1 of a year but is eligible to participate
later in the year may submit a resolution meeting the requirements
of Subsection (f) to the comptroller. The comptroller shall
determine the date the county may begin to collect fees and costs
under Subsections (a) and (b). A county that begins to collect fees
and costs under Subsections (a) and (b) after July 1 is not eligible
for a payment by the comptroller under Section 25.0015 until the
60th day after the date the comptroller determines the county may
begin to collect fees and costs under Subsections (a) and (b).
(j) A clerk may not collect a fee under this section and
under Section 51.701.
(k) Money collected under Subsections (a) and (b) after a
county ceases to participate in the collection of additional fees
and costs under Subsections (a) and (b) shall be remitted to the
comptroller. The money shall be deposited in the judicial fund and
shall be distributed to counties currently participating under this
section in the manner described in Section 25.0005.
(l) In a county in which court costs are not collected under
Subsection (b), a person shall pay, in addition to other court
costs, $15 as a court cost on conviction of any criminal offense in
a statutory county court, including cases in which probation or
deferred adjudication is granted. A conviction that arises under
Chapter 521, Transportation Code, or a conviction under Subtitle C,
Title 7, Transportation Code, is included, except that a conviction
arising under any law that regulates pedestrians or the parking of
motor vehicles is not included.
(m) Court costs due under Subsection (l) shall be collected
in the same manner as other fees, fines, and costs are collected in
the case. The clerk shall send the costs to the county treasurer or
other person performing the duties of county treasurer at least as
frequently as monthly. The county treasurer or other person shall
deposit the costs collected in the county treasury.
Added by Acts 1991, 72nd Leg., ch. 746, § 67, eff. Oct. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 144, § 4, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 144, § 3, eff. Aug. 28, 1995;
Acts 1995, 74th Leg., ch. 461, § 2, eff. Aug. 28, 1995; Acts
1995, 74th Leg., ch. 641, § 2.03, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 165, § 30.186, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1119, § 4, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1467, § 1.10, eff. June 19, 1999; Acts 1999, 76th
Leg., ch. 1572, § 6, eff. Oct. 1, 1999; Acts 2003, 78th Leg., ch.
209, § 70(a), eff. Jan. 1, 2004; Acts 2003, 78th Leg., ch. 616,
§ 4, eff. Sept. 1, 2003.
§ 51.703. ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY
COURTS. (a) In addition to all other fees authorized or required
by other law, the clerk of a county court with a judge who is
entitled to an annual salary supplement from the state under
Section 26.006 shall collect a $40 filing fee in each civil case
filed in the court to be used for court-related purposes for the
support of the judiciary.
(b) In addition to other court costs, a person shall pay $15
as a court cost on conviction of any criminal offense in a county
court, including cases in which probation or deferred adjudication
is granted. A conviction that arises under Chapter 521,
Transportation Code, or a conviction under Subtitle C, Title 7,
Transportation Code, is included, except that a conviction arising
under any law that regulates pedestrians or the parking of motor
vehicles is not included.
(c) Court costs and fees due under this section shall be
collected in the same manner as other fees, fines, or costs are
collected in the case.
(d) The clerk shall deposit the fees and costs collected
under this section to be sent to the comptroller as provided by
Subchapter B, Chapter 133, Local Government Code. The comptroller
shall deposit the fees in the judicial fund.
(e) Section 51.320 applies to a fee or cost collected under
this section.
(f) A clerk may not collect a fee under this section and
under Section 51.702(a).
Added by Acts 1999, 76th Leg., ch. 1467, § 1.11, eff. June 19,
1999; Acts 1999, 76th Leg., ch. 1572, § 7, eff. Oct. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 209, § 71(a), eff. Jan. 1,
2004; Acts 2003, 78th Leg., ch. 616, § 5, eff. Sept. 1, 2003.
§ 51.704. ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE
COURTS. (a) Except as provided by Subsection (f), in addition to
all other fees authorized or required by other law, the clerk of a
statutory probate court shall collect a $40 filing fee in each
probate, guardianship, mental health, or civil case filed in the
court to be used for court-related purposes for the support of the
judiciary.
(b) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(c) The clerk shall deposit the fees collected under this
section to be sent to the comptroller as provided by Subchapter B,
Chapter 133, Local Government Code. The comptroller shall deposit
the fees in the judicial fund.
(d) Section 51.320 applies to a fee collected under this
section.
(e) This section applies only to fees for a 12-month period
beginning July 1 in a county in which the commissioners court:
(1) adopts a resolution authorizing the fees under
this section; and
(2) files the resolution with the comptroller not
later than June 1 immediately preceding the first 12-month period
during which the fees are to be collected.
(f) A resolution under Subsection (e) continues from year to
year allowing the county to collect fees under the terms of this
section until the resolution is rescinded.
(g) A commissioners court that desires to rescind a
resolution adopted under Subsection (e) must submit to the
comptroller not later than June 1 preceding the beginning of the
first day of the state fiscal year a resolution stating the
commissioners court's desire to rescind the resolution.
(h) A county that is not eligible to participate under
Subsection (e) on July 1 of a year but is eligible to participate
later in the year may submit a resolution meeting the requirements
of Subsection (e) to the comptroller. The comptroller shall
determine the date the county may begin to collect fees under this
section. A county that begins to collect fees under this section
after July 1 is not eligible for a payment by the comptroller under
Section 25.00211 until the 60th day after the date the comptroller
determines the county may begin to collect fees under this section.
(i) A clerk may not collect a fee under this section and
under Section 51.701 or 51.702.
Added by Acts 1999, 76th Leg., ch. 1572, § 8, eff. Oct. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 209, § 72(a), eff. Jan. 1,
2004.
§ 51.705. ADDITIONAL FILING FEE FOR DALLAS COUNTY CIVIL
COURTS. (a) In this section, "Dallas County civil court" means a
district court, including a family district court, a probate court,
a county court at law, or a justice court in Dallas County. The term
does not include a small claims court.
(b) In addition to all other fees authorized or required by
other law, the clerk of a Dallas County civil court shall collect a
filing fee of not more than $15 in each civil case filed in the court
to be used for the construction, renovation, or improvement of the
facilities that house the Dallas County civil courts.
(c) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(d) The clerk shall send the fees collected under this
section to the county treasurer at least as frequently as monthly.
The treasurer shall deposit the fees in a special account in the
county treasury dedicated to the construction, renovation, or
improvement of the facilities that house the Dallas County civil
courts.
(e) This section applies only to fees for a 12-month period
beginning July 1, if the commissioners court:
(1) adopts a resolution authorizing a fee of no more
than $15;
(2) adopts a resolution requiring the county to spend
one dollar for the construction, renovation, or improvement of the
courts' facilities for each dollar spent from the special account
dedicated to that purpose; and
(3) files the resolutions with the county treasurer
not later than June 1 immediately preceding the first 12-month
period during which the fees are to be collected.
(f) A resolution adopted under Subsection (e) continues
from year to year until July 1, 2016, allowing the county to collect
fees under the terms of this section until the resolution is
rescinded.
(g) The commissioners court may rescind a resolution
adopted under Subsection (e) by adopting a resolution rescinding
the resolution and submitting the recision resolution to the county
treasurer not later than June 1 preceding the beginning of the first
day of the county fiscal year. The commissioners court may adopt an
additional resolution in the manner provided by Subsection (e)
after rescinding a previous resolution under that subsection.
(h) A fee established under a particular resolution is
abolished on the earlier of:
(1) the date a resolution adopted under Subsection (e)
is rescinded as provided by Subsection (g); or
(2) July 1, 2016.
(i) The county may make the required expenditure described
by Subsection (e)(2) at any time, regardless of when the
expenditure from the special account occurs.
Added by Acts 2001, 77th Leg., ch. 1199, § 1, eff. June 15, 2001.
SUBCHAPTER I. ELECTRONIC FILING OF CERTAIN DOCUMENTS
§ 51.801. DEFINITION. In this subchapter, "electronic
filing of documents" means the filing of data transmitted to a
district or county clerk or a clerk of a court of appeals by the
communication of information, displayed originally in written
form, in the form of digital electronic signals transformed by
computer and stored on microfilm, magnetic tape, optical disks, or
any other medium.
Added by Acts 1987, 70th Leg., ch. 148, § 2.67(a), eff. Sept. 1,
1987.
§ 51.802. PLACE OF FILING. The place of filing is the
receiving station designated by the district or county clerk or the
clerk of the court of appeals to which electronic information is
transmitted.
Added by Acts 1987, 70th Leg., ch. 148, § 2.67(a), eff. Sept. 1,
1987.
§ 51.803. SUPREME COURT REGULATION AND
APPROVAL. (a) The supreme court shall adopt rules and procedures
to regulate the use of electronic copying devices for filing in the
courts.
(b) An instrument may only be filed as provided by this
subchapter if the district, county, or court of appeals has
established a system for receiving electronically transmitted
information from an electronic copying device, and the system has
been approved by the supreme court. A district or county clerk or
clerk of a court of appeals who believes there is justification for
use of an electronic filing system in the clerk's office must
request approval of the system from the supreme court. The supreme
court shall approve or disapprove the system and may withdraw
approval any time the system does not meet its requirements.
Added by Acts 1987, 70th Leg., ch. 148, § 2.67(a), eff. Sept. 1,
1987.
§ 51.804. COMPLETION OF ELECTRONIC FILING. To complete
an electronic filing:
(1) the person filing an instrument with the district
or county clerk or the clerk of a court of appeals must transmit the
instrument electronically;
(2) the receiving station must transmit
acknowledgment to the sending party by encoding electronic receipt
of the transmission;
(3) the sending station must encode validation of the
encoded receipt as correct; and
(4) the receiving station must respond by encoded
transcription into the computer system that validation has occurred
and that the electronic transmission has been completed.
Added by Acts 1987, 70th Leg., ch. 148, § 2.67(a), eff. Sept. 1,
1987.
§ 51.805. TRANSMISSION OR DISTRIBUTION OF DATA. (a) A
receiving station, on completion of an electronic filing, shall:
(1) transmit data to the appropriate court as
required; and
(2) distribute data as required by statute or rule.
(b) Data must be distributed or transmitted from or through
the medium of direct computer transmission, microfilm, magnetic
tape, or optical disks, or any other medium approved by the supreme
court.
Added by Acts 1987, 70th Leg., ch. 148, § 2.67(a), eff. Sept. 1,
1987.
§ 51.806. SIGNATURE ON ORIGINAL. (a) If the supreme
court determines that each document filed by electronic
transmission must be signed in the original, that requirement is
satisfied if the sending station at the point of origin maintains a
hard copy with the original signature affixed that, on order of the
court, shall be filed in original hard copy medium. The electronic
transmission of the data to be filed must bear a facsimile or
printing of the required signature. The signature may be
represented in numerical form. The electronically reproduced
document must bear a copy of the signature or its representation in
numerical form.
(b) The electronically reproduced document shall be
accepted as the signature document for all court-related purposes
unless the hard copy with the original signature affixed is
requested by one or more parties to a suit or other agent required
by statute, law, or other legal requirement. A request under this
subsection must be made in the form of a motion to the court. If the
court grants the motion, the court shall order that the original be
filed with the court.
Added by Acts 1987, 70th Leg., ch. 148, § 2.67(a), eff. Sept. 1,
1987.
§ 51.807. LOCAL RULES. (a) The courts of a county may
adopt local rules that govern the transmission and receipt of
documents or reports stored or created in digital electronic or
facsimile form and that provide for recognition of those documents
as the original record for file or for evidentiary purposes.
(b) The rules shall be submitted to the supreme court for
review and adoption as a part of the overall plan or procedure for
the electronic filing of documents.
Added by Acts 1987, 70th Leg., ch. 148, § 2.67(a), eff. Sept. 1,
1987.
SUBCHAPTER J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS
§ 51.901. FRAUDULENT DOCUMENT OR INSTRUMENT. (a) If a
clerk of the supreme court, clerk of the court of criminal appeals,
clerk of a court of appeals, district clerk, county clerk, district
and county clerk, or municipal clerk has a reasonable basis to
believe in good faith that a document or instrument previously
filed or recorded or offered or submitted for filing or for filing
and recording is fraudulent, the clerk shall:
(1) if the document is a purported judgment or other
document purporting to memorialize or evidence an act, an order, a
directive, or process of a purported court, provide written notice
of the filing, recording, or submission for filing or for filing and
recording to the stated or last known address of the person against
whom the purported judgment, act, order, directive, or process is
rendered; or
(2) if the document or instrument purports to create a
lien or assert a claim on real or personal property or an interest
in real or personal property, provide written notice of the filing,
recording, or submission for filing or for filing and recording to
the stated or last known address of the person named in the document
or instrument as the obligor or debtor and to any person named as
owning any interest in the real or personal property described in
the document or instrument.
(b) A clerk shall provide written notice under Subsection
(a):
(1) not later than the second business day after the
date that the document or instrument is offered or submitted for
filing or for filing and recording; or
(2) if the document or instrument has been previously
filed or recorded, not later than the second business day after the
date that the clerk becomes aware that the document or instrument
may be fraudulent.
(c) For purposes of this section, a document or instrument
is presumed to be fraudulent if:
(1) the document is a purported judgment or other
document purporting to memorialize or evidence an act, an order, a
directive, or process of:
(A) a purported court or a purported judicial
entity not expressly created or established under the constitution
or the laws of this state or of the United States; or
(B) a purported judicial officer of a purported
court or purported judicial entity described by Paragraph (A); or
(2) the document or instrument purports to create a
lien or assert a claim against real or personal property or an
interest in real or personal property and:
(A) is not a document or instrument provided for
by the constitution or laws of this state or of the United States;
(B) is not created by implied or express consent
or agreement of the obligor, debtor, or the owner of the real or
personal property or an interest in the real or personal property,
if required under the laws of this state, or by implied or express
consent or agreement of an agent, fiduciary, or other
representative of that person; or
(C) is not an equitable, constructive, or other
lien imposed by a court with jurisdiction created or established
under the constitution or laws of this state or of the United
States.
Added by Acts 1997, 75th Leg., ch. 189, § 14, eff. May 21, 1997.
§ 51.902. ACTION ON FRAUDULENT JUDGMENT LIEN. (a) A
person against whom a purported judgment was rendered who has
reason to believe that a document previously filed or recorded or
submitted for filing or for filing and recording is fraudulent may
complete and file with the district clerk a motion, verified by
affidavit by a completed form for ordinary certificate of
acknowledgment, of the same type described by Section 121.007,
Civil Practice and Remedies Code, that contains, at a minimum, the
information in the following suggested form: MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District
Judgment Lien Against In and For ___________________
(Name of Purported County, Texas
Debtor)
Motion for Judicial Review of a Documentation Purporting to Create
a Judgment Lien
Now Comes (name) and files this motion requesting a judicial
determination of the status of a court, judicial entity, or
judicial officer purporting to have taken an action that is the
basis of a judgment lien filed in the office of said clerk, and in
support of the motion would show the court as follows:
I.
(Name), movant herein, is the person against whom the
purported judgment was rendered.
II.
On (date), in the exercise of the county clerk's official
duties as County Clerk of (county name) County, Texas, the county
clerk received and filed or filed and recorded the documentation
attached hereto and containing (number) pages. Said documentation
purports to have been rendered on the basis of a judgment, act,
order, directive, or process of a court, judicial entity, or
judicial officer called therein "(name of purported court, judicial
entity, or judicial officer)" against one (name of purported
debtor).
III.
Movant alleges that the purported court, judicial entity, or
judicial officer referred to in the attached documentation is one
described in Section 51.901(c)(1), Government Code, as not legally
created or established under the constitution or laws of this state
or of the United States, and that the documentation should
therefore not be accorded lien status.
IV.
Movant further attests that the assertions contained herein
are true and correct.
PRAYER
Movant requests the court to review the attached
documentation and enter an order determining whether it should be
accorded lien status, together with such other orders as the court
deems appropriate.
Respectfully submitted,
_________________________
(Signature and typed name and address)
(b) The completed form for ordinary certificate of
acknowledgment, of the same type described by Section 121.007,
Civil Practice and Remedies Code, must be as follows:
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF ______________
BEFORE ME, the undersigned authority, personally appeared
____________, who, being by me duly sworn, deposed as follows:
"My name is __________________. I am over 21 years of age, of
sound mind, with personal knowledge of the following facts, and
fully competent to testify.
I further attest that the assertions contained in the
accompanying motion are true and correct."
Further affiant sayeth not.
____________________________
SUBSCRIBED and SWORN TO before
me, this _______ day of _____,
_______.
____________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
____________________________
My commission expires:
____________________________
(c) A motion filed under this section may be ruled on by a
district judge having jurisdiction over real property matters in
the county where the subject documentation was filed. The court's
finding may be made solely on a review of the documentation attached
to the movant's motion and without hearing any testimonial
evidence. The court's review may be made ex parte without delay or
notice of any kind. The court's ruling on the motion, in the nature
of a finding of fact and a conclusion of law, is unappealable if it
is substantially similar to the form suggested in Subsection (g).
(d) The district clerk may not collect a filing fee for
filing a motion under this section.
(e) After reviewing the documentation attached to a motion
under this section, the district judge shall enter an appropriate
finding of fact and conclusion of law, which must be filed and
indexed in the same class of records in which the subject
documentation or instrument was originally filed.
(f) The county clerk may not collect a filing fee for filing
a district judge's finding of fact and conclusion of law under this
section.
(g) A suggested form order appropriate to comply with this
section is as follows: MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District
Judgment Lien Against In and For ___________________
(Name of Purported County, Texas
Debtor)
Judicial Finding of Fact and Conclusion of Law Regarding a
Documentation Purporting to Create a Judgment Lien
On the (number) day of (month), (year), in the above entitled
and numbered cause, this court reviewed a motion verified by
affidavit of (name) and the documentation attached thereto. No
testimony was taken from any party, nor was there any notice of the
court's review, the court having made the determination that a
decision could be made solely on review of the documentation under
the authority vested in the court under Subchapter J, Chapter 51,
Government Code.
The court finds as follows (only an item checked and
initialed is a valid court ruling):
______ The documentation attached to the motion herein refers to a
legally constituted court, judicial entity, or judicial officer
created by or established under the constitution or laws of this
state or of the United States. This judicial finding and conclusion
of law does not constitute a finding as to any underlying claims of
the parties.
______ The documentation attached to the motion herein DOES NOT
refer to a legally constituted court, judicial entity, or judicial
officer created by or established under the constitution or laws of
this state or of the United States. There is no valid judgment lien
created by the documentation.
This court makes no finding as to any underlying claims of the
parties involved and expressly limits its finding of fact and
conclusion of law to a ministerial act. The county clerk shall file
this finding of fact and conclusion of law in the same class of
records as the subject documentation was originally filed, and the
court directs the county clerk to index it using the same names that
were used in indexing the subject document.
SIGNED ON THIS THE ________ DAY OF ____________________.
_______________________________
DISTRICT JUDGE
________ JUDICIAL DISTRICT
_____________ COUNTY, TEXAS
Added by Acts 1997, 75th Leg., ch. 189, § 14, eff. May 21, 1997.
§ 51.903. ACTION ON FRAUDULENT LIEN ON PROPERTY. (a) A
person who is the purported debtor or obligor or who owns real or
personal property or an interest in real or personal property and
who has reason to believe that the document purporting to create a
lien or a claim against the real or personal property or an interest
in the real or personal property previously filed or submitted for
filing and recording is fraudulent may complete and file with the
district clerk a motion, verified by affidavit by a completed form
for ordinary certificate of acknowledgment, of the same type
described by Section 121.007, Civil Practice and Remedies Code,
that contains, at a minimum, the information in the following
suggested form: MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________
(Name of Purported County, Texas
Debtor)
Motion for Judicial Review of Documentation or Instrument
Purporting to Create a Lien or Claim
Now Comes (name) and files this motion requesting a judicial
determination of the status of documentation or an instrument
purporting to create an interest in real or personal property or a
lien or claim on real or personal property or an interest in real or
personal property filed in the office of the Clerk of (county name)
County, Texas, and in support of the motion would show the court as
follows:
I.
(Name), movant herein, is the purported obligor or debtor or
person who owns the real or personal property or the interest in
real or personal property described in the documentation or
instrument.
II.
On (date), in the exercise of the county clerk's official
duties as County Clerk of (county name) County, Texas, the county
clerk received and filed and recorded the documentation or
instrument attached hereto and containing (number) pages. Said
documentation or instrument purports to have created a lien on real
or personal property or an interest in real or personal property
against one (name of purported debtor).
III.
Movant alleges that the documentation or instrument attached
hereto is fraudulent, as defined by Section 51.901(c)(2),
Government Code, and that the documentation or instrument should
therefore not be accorded lien status.
IV.
Movant attests that assertions herein are true and correct.
V.
Movant does not request the court to make a finding as to any
underlying claim of the parties involved and acknowledges that this
motion does not seek to invalidate a legitimate lien. Movant
further acknowledges that movant may be subject to sanctions, as
provided by Chapter 10, Civil Practice and Remedies Code, if this
motion is determined to be frivolous.
PRAYER
Movant requests the court to review the attached
documentation or instrument and enter an order determining whether
it should be accorded lien status, together with such other orders
as the court deems appropriate.
Respectfully submitted,
_________________________
(Signature and typed name and address)
(b) The completed form for ordinary certificate of
acknowledgment, of the same type described by Section 121.007,
Civil Practice and Remedies Code, must be as follows:
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF ______________
BEFORE ME, the undersigned authority, personally appeared
_____________, who, being by me duly sworn, deposed as follows:
"My name is _________________. I am over 21 years of age, of
sound mind, with personal knowledge of the following facts, and
fully competent to testify.
I further attest that the assertions contained in the
accompanying motion are true and correct."
Further affiant sayeth not.
____________________________
SUBSCRIBED and SWORN TO before
me, this _______ day of _____,
_______.
____________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
____________________________
My commission expires:
____________________________
(c) A motion under this section may be ruled on by a district
judge having jurisdiction over real property matters in the county
where the subject document was filed. The court's finding may be
made solely on a review of the documentation or instrument attached
to the motion and without hearing any testimonial evidence. The
court's review may be made ex parte without delay or notice of any
kind. An appellate court shall expedite review of a court's finding
under this section.
(d) The district clerk may not collect a filing fee for
filing a motion under this section.
(e) After reviewing the documentation or instrument
attached to a motion under this section, the district judge shall
enter an appropriate finding of fact and conclusion of law, which
must be filed and indexed in the same class of records in which the
subject documentation or instrument was originally filed. A copy
of the finding of fact and conclusion of law shall be sent, by first
class mail, to the movant and to the person who filed the fraudulent
lien or claim at the last known address of each person within seven
days of the date that the finding of fact and conclusion of law is
issued by the judge.
(f) The county clerk may not collect a fee for filing a
district judge's finding of fact and conclusion of law under this
section.
(g) A suggested form order appropriate to comply with this
section is as follows: MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________
(Name of Purported County, Texas
Debtor)
Judicial Finding of Fact and Conclusion of Law Regarding a
Documentation or Instrument Purporting to Create a Lien or Claim
On the (number) day of (month), (year), in the above entitled
and numbered cause, this court reviewed a motion, verified by
affidavit, of (name) and the documentation or instrument attached
thereto. No testimony was taken from any party, nor was there any
notice of the court's review, the court having made the
determination that a decision could be made solely on review of the
documentation or instrument under the authority vested in the court
under Subchapter J, Chapter 51, Government Code.
The court finds as follows (only an item checked and
initialed is a valid court ruling):
_______ The documentation or instrument attached to the motion
herein IS asserted against real or personal property or an interest
in real or personal property and:
(1) IS provided for by specific state or federal
statutes or constitutional provisions;
(2) IS created by implied or express consent or
agreement of the obligor, debtor, or the owner of the real or
personal property or an interest in the real or personal property,
if required under the laws of this state, or by consent of an agent,
fiduciary, or other representative of that person; or
(3) IS an equitable, constructive, or other lien
imposed by a court of competent jurisdiction created or established
under the constitution or laws of this state or of the United
States.
_______ The documentation or instrument attached to the motion
herein:
(1) IS NOT provided for by specific state or federal
statutes or constitutional provisions;
(2) IS NOT created by implied or express consent or
agreement of the obligor, debtor, or the owner of the real or
personal property or an interest in the real or personal property,
if required under the law of this state or by implied or express
consent or agreement of an agent, fiduciary, or other
representative of that person;
(3) IS NOT an equitable, constructive, or other lien
imposed by a court of competent jurisdiction created by or
established under the constitution or laws of this state or the
United States; or
(4) IS NOT asserted against real or personal property
or an interest in real or personal property. There is no valid lien
or claim created by this documentation or instrument.
This court makes no finding as to any underlying claims of the
parties involved, and expressly limits its finding of fact and
conclusion of law to the review of a ministerial act. The county
clerk shall file this finding of fact and conclusion of law in the
same class of records as the subject documentation or instrument
was originally filed, and the court directs the county clerk to
index it using the same names that were used in indexing the subject
documentation or instrument.
SIGNED ON THIS THE ________ DAY OF ____________________.
_______________________________
DISTRICT JUDGE
________ JUDICIAL DISTRICT
_____________ COUNTY, TEXAS
Added by Acts 1997, 75th Leg., ch. 189, § 14, eff. May 21, 1997.
§ 51.904. WARNING SIGN. A clerk described by Section
51.901(a) shall post a sign, in letters at least one inch in height,
that is clearly visible to the general public in or near the clerk's
office stating that it is a crime to intentionally or knowingly file
a fraudulent court record or a fraudulent instrument with the
clerk.
Added by Acts 1997, 75th Leg., ch. 189, § 14, eff. May 21, 1997.
§ 51.905. DOCUMENTS FILED WITH SECRETARY OF
STATE. (a) If the lien or other claim that is the subject of a
judicial finding of fact and conclusion of law authorized by this
subchapter is one that is authorized by law to be filed with the
secretary of state, any person may file a certified copy of the
judicial finding of fact and conclusion of law in the records of the
secretary of state, who shall file the certified copy of the finding
in the same class of records as the subject document or instrument
was originally filed and index it using the same names that were
used in indexing the subject document or instrument.
(b) The secretary of state may charge a filing fee of $15 for
filing a certified copy of a judicial finding of fact and conclusion
of law under this section.
Added by Acts 1997, 75th Leg., ch. 189, § 14, eff. May 21, 1997.
SUBCHAPTER K. TIME PAYMENT FEE
§ 51.921. TIME PAYMENT FEE. (a) In addition to other
fees authorized or required by law, the clerk of each district
court, statutory county court, county court, justice court, and
municipal court shall collect a fee of $25 from a person who:
(1) has been convicted of a felony or misdemeanor; and
(2) pays any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or
restitution.
(b) Court fees under this section shall be collected in the
same manner as other fees, fines, or costs in the case. The officer
collecting the fees shall keep separate records of the money
collected under this section and shall deposit the money in the
county or municipal treasury, as appropriate.
(c) The custodian of the county or municipal treasury, as
appropriate, shall keep a record of the amount of money on deposit
collected under this section and shall send 50 percent of the fees
collected under this section to the comptroller at least as
frequently as monthly. The comptroller shall deposit the fees
received to the credit of the general revenue fund.
(d) The custodian of the county or municipal treasury, as
appropriate, shall deposit 10 percent of the fees collected under
this section in the general fund of the county or municipality for
the purpose of improving the efficiency of the administration of
justice in the county or municipality. The county or municipality
shall prioritize the needs of the judicial officer who collected
the fees when making expenditures under this subsection.
(e) The custodian of the county or municipal treasury, as
appropriate, shall deposit 40 percent of the fees collected under
this section in the general revenue account of the county or
municipality.
(f) The comptroller may audit the records of a county or
municipality relating to fees collected under this section.
Added by Acts 1997, 75th Leg., ch. 1327, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1179, § 1, eff. Sept. 1,
1999.
SUBCHAPTER L. ADDITIONAL FILING FEE FOR BASIC CIVIL LEGAL SERVICES
FOR INDIGENTS
§ 51.941. ADDITIONAL FILING FEE IN APPELLATE COURTS FOR
BASIC CIVIL LEGAL SERVICES FOR INDIGENTS. (a) In addition to
other fees authorized or required by law, the clerk of the supreme
court and courts of appeals shall collect a $25 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.
(b) Court fees under this section shall be collected in the
same manner as other fees, fines, or costs in the case.
(c) The clerk shall send the fees collected under this
section to the comptroller not later than the last day of the month
following each calendar quarter.
(d) The comptroller shall deposit the fees received under
this section to the credit of the basic civil legal services account
of the judicial fund for use in programs approved by the supreme
court that provide basic civil legal services to the indigent.
(e) In this section, "indigent" means an individual who
earns not more than 125 percent of the income standard established
by applicable federal poverty guidelines.
Added by Acts 1997, 75th Leg., ch. 699, § 1, eff. Sept. 1, 1997.
Renumbered from § 51.901 by Acts 1999, 76th Leg., ch. 62, §
19.01(28), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch.
209, § 73(a), eff. Jan. 1, 2004.
§ 51.942. RULES. (a) The supreme court shall adopt:
(1) rules and procedures for the distribution of funds
under this subchapter; and
(2) rules and procedures for imposing sanctions,
including the reduction or cancellation of funding.
(b) Funds may be distributed only to nonprofit
organizations that provide basic civil legal services to persons
meeting the income eligibility requirements established by the
supreme court.
Added by Acts 1997, 75th Leg., ch. 699, § 1, eff. Sept. 1, 1997.
Renumbered from § 51.902 by Acts 1999, 76th Leg., ch. 62, §
19.01(28), eff. Sept. 1, 1999.
§ 51.943. BASIC CIVIL LEGAL SERVICES ACCOUNT. (a) The
basic civil legal services account is an account in the judicial
fund administered by the supreme court.
(b) Funds in the basic civil legal services account may be
used only for the support of programs approved by the supreme court
that provide basic civil legal services to the indigent. The
comptroller may pay money from the account only on vouchers
approved by the supreme court.
(c) Except as provided by this subsection, funds from the
basic civil legal services account may not be used to directly or
indirectly support a class action lawsuit, abortion-related
litigation, or a lawsuit against a governmental entity, political
party, candidate, or officeholder for an action taken in the
individual's official capacity or for lobbying for or against a
candidate or issue. Notwithstanding any provision of law to the
contrary, funds from the basic civil legal services account may not
be used for the representation of an individual who is confined to a
local, state, or federal jail or prison. Funds from the basic civil
legal services account may not be used to provide legal services to
an individual who is not legally in this country, unless necessary
to protect the physical safety of the individual. Funds from the
basic civil legal services account may be used to support a lawsuit
brought by an individual, solely on behalf of the individual or the
individual's dependent or ward, to compel a governmental entity to
provide benefits that the individual or the individual's dependent
or ward is expressly eligible to receive, by statute or regulation,
including social security benefits, aid to families with dependent
children, financial assistance under Chapter 31, Human Resources
Code, food stamps, special education for the handicapped, Medicare,
Medicaid, subsidized or public housing, and other economic,
shelter, or medical benefits provided by a government directly to
an indigent individual, but not to support a claim for actual or
punitive damages.
(d) Except as provided by this subsection, funds from the
basic civil legal services account may not be used for a lawsuit or
other legal matter that if undertaken on behalf of an indigent
individual by an attorney in private practice might reasonably be
expected to result in payment of a fee for legal services from an
award to the individual client from public funds or from an opposing
party. Funds from the basic civil legal services account may be
used to support a lawsuit if the indigent individual seeking legal
assistance made a reasonable effort to obtain legal services from
an attorney in private practice for the particular legal matter,
including contacting attorneys who practice law in the judicial
district that is the residence of the indigent individual and who
normally accept cases of a similar nature, and the indigent
individual has been unable to obtain legal services.
(e) The supreme court shall file a report with the
Legislative Budget Board at the end of each fiscal year showing
disbursements from the account and the purpose for each
disbursement and the sanctions imposed, if any. All funds expended
are subject to audit by the supreme court, the comptroller, and the
state auditor.
(f) The purpose of this subchapter is to increase the funds
available for basic civil legal services to the indigent. Funds
available from the basic civil legal services account may be
supplemented by local or federal funds and private or public
grants.
(g) A legal aid society or legal services program that is
awarded attorney's fees in a case shall send the attorney's fees to
the comptroller if any attorney representing any party involved in
the case was paid in that case directly from funds from a grant made
under this subchapter. The comptroller shall deposit the fees to
the credit of the basic civil legal services account of the judicial
fund for use in programs approved by the supreme court that provide
basic civil legal services to the indigent.
Added by Acts 1997, 75th Leg., ch. 699, § 1, eff. Sept. 1, 1997.
Renumbered from § 51.903 by Acts 1999, 76th Leg., ch. 62, §
19.01(28), eff. Sept. 1, 1999.
SUBCHAPTER M. ADDITIONAL FILING FEE FOR FAMILY PROTECTION
§ 51.961. FAMILY PROTECTION FEE. (a) The
commissioners court of a county may adopt a family protection fee in
an amount not to exceed $15.
(b) Except as provided by Subsection (c), the district clerk
or county clerk shall collect the family protection fee at the time
a suit for dissolution of a marriage under Chapter 6, Family Code,
is filed. The fee is in addition to any other fee collected by the
district clerk or county clerk.
(c) The clerk may not collect a fee under this section from a
person who is protected by an order issued under:
(1) Subtitle B, Title 4, Family Code; or
(2) Article 17.292, Code of Criminal Procedure.
