Bill Text: TX HB1365 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedure for transferring certain cases and proceedings between courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-04 - Referred to Jurisprudence [HB1365 Detail]
Download: Texas-2021-HB1365-Introduced.html
Bill Title: Relating to the procedure for transferring certain cases and proceedings between courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-04 - Referred to Jurisprudence [HB1365 Detail]
Download: Texas-2021-HB1365-Introduced.html
87R4616 TSS-F | ||
By: Clardy | H.B. No. 1365 |
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relating to the procedure for transferring certain cases and | ||
proceedings between courts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 155.207, Family Code, is amended to read | ||
as follows: | ||
Sec. 155.207. TRANSFER OF COURT FILES. (a) Not later than | ||
the 10th working day after the date an order of transfer is signed, | ||
the clerk of the court transferring a proceeding shall send, using | ||
the electronic filing system established under Section 72.031, | ||
Government Code, to the proper court in the county to which transfer | ||
is being made: | ||
(1) a transfer certificate and index of transferred | ||
documents [ |
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(2) [ |
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[ |
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[ |
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signed by the transferring court; and | ||
(3) a copy of all documents required to be transferred | ||
under rules adopted by the Office of Court Administration of the | ||
Texas Judicial System under Section 72.037, Government Code. | ||
(a-1) The clerk of the transferring court shall use the | ||
standardized transfer certificate and index of transferred | ||
documents form created by the Office of Court Administration of the | ||
Texas Judicial System under Section 72.037, Government Code, when | ||
transferring a proceeding under this section. | ||
(b) The clerk of the transferring court shall keep a copy of | ||
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(c) The [ |
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shall: | ||
(1) accept documents transferred under Subsection | ||
(a); | ||
(2) docket the suit; and | ||
(3) [ |
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established under Section 72.031, Government Code [ |
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court, and, if appropriate, the transferring court's local registry | ||
that the suit has been docketed. | ||
(c-1) The clerk of the transferee court shall physically or | ||
electronically mark or stamp the transfer certificate and index of | ||
transferred documents to evidence the date and time of acceptance | ||
under Subsection (c), but may not physically or electronically mark | ||
or stamp any other document transferred under Subsection (a). | ||
(d) The clerk of the transferring court shall send a | ||
certified copy of the order directing payments to the transferee | ||
court: | ||
(1) [ |
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[ |
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transferee court using the electronic filing system established | ||
under Section 72.031, Government Code; and | ||
(2) to an employer affected by the order | ||
electronically or by first class mail. | ||
(e) The clerks of both the transferee and transferring | ||
courts may each produce under Chapter 51, Government Code, | ||
certified or uncertified copies of documents filed in a case | ||
transferred under this section, but shall also include a copy of the | ||
transfer certificate and index of transferred documents with each | ||
document produced. | ||
(f) Sections 80.001 and 80.002, Government Code, do not | ||
apply to the transfer of documents under this section. | ||
SECTION 2. Section 51.3071, Government Code, is amended to | ||
read as follows: | ||
Sec. 51.3071. TRANSFER OF CASES. (a) If a case is | ||
transferred from a district court to a county court, the clerk of | ||
the district court shall [ |
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electronic filing system established under Section 72.031 [ |
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(1) a transfer certificate and index of transferred | ||
documents [ |
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(2) a copy of the order of transfer signed by the | ||
transferring court [ |
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(3) a copy of all documents required to be transferred | ||
under rules adopted by the Office of Court Administration of the | ||
Texas Judicial System under Section 72.037 [ |
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(b) The clerk of the transferring court shall use the | ||
standardized transfer certificate and index of transferred | ||
documents form created by the Office of Court Administration of the | ||
Texas Judicial System under Section 72.037 when transferring a case | ||
under this section. | ||
(c) The clerk of the transferee court shall accept documents | ||
transferred under Subsection (a) and docket the case. | ||
(d) The clerk of the transferee court shall physically or | ||
electronically mark or stamp the transfer certificate and index of | ||
transferred documents to evidence the date and time of acceptance | ||
under Subsection (c), but may not physically or electronically mark | ||
or stamp any other document transferred under Subsection (a). | ||
(e) Sections 80.001 and 80.002 do not apply to the transfer | ||
of documents under this section. | ||
SECTION 3. Section 51.403, Government Code, is amended to | ||
read as follows: | ||
Sec. 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 using the | ||
electronic filing system established under Section 72.031 [ |
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(1) a transfer certificate and index of transferred | ||
documents [ |
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(2) a copy of the order of transfer signed by the | ||
transferring court [ |
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and | ||
(3) a copy of all documents required to be transferred | ||
under rules adopted by the Office of Court Administration of the | ||
Texas Judicial System under Section 72.037 [ |
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(a-1) The clerk of the transferring court shall use the | ||
standardized transfer certificate and index of transferred | ||
documents form created by the Office of Court Administration of the | ||
Texas Judicial System under Section 72.037 when transferring a case | ||
under this section. | ||
(a-2) The clerk of the transferee court shall accept | ||
documents transferred under Subsection (a) and docket the case. | ||
(a-3) The clerk of the transferee court shall physically or | ||
electronically mark or stamp the transfer certificate and index of | ||
transferred documents to evidence the date and time of acceptance | ||
under Subsection (a-2), but may not physically or electronically | ||
mark or stamp any other document transferred under Subsection (a). | ||
(b) If civil or criminal jurisdiction of a county court is | ||
transferred to a district court, the clerk of the county court shall | ||
send using the electronic filing system established under Section | ||
72.031 a certified copy of the judgments rendered in the county | ||
court that remain unsatisfied [ |
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the district clerks of the appropriate counties. | ||
(c) Sections 80.001 and 80.002 do not apply to the transfer | ||
of documents under this section. | ||
SECTION 4. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.037 to read as follows: | ||
Sec. 72.037. PROCEDURE FOR TRANSFER OF CASES AND | ||
PROCEEDINGS. (a) The office shall adopt rules prescribing the | ||
documents to be transferred between courts when a transfer of a case | ||
or proceeding is ordered under Section 155.207, Family Code, or | ||
Section 51.3071 or 51.403 of this code. | ||
(b) Rules adopted under this section must require the | ||
transfer of the following documents relating to a transferred case | ||
or proceeding: | ||
(1) a copy of the original papers filed in the | ||
transferring court; | ||
(2) a copy of each final order; | ||
(3) a copy of the transfer certificate and index of | ||
transferred documents from each previous transfer; and | ||
(4) a bill of any costs that have accrued in the | ||
transferring court. | ||
(c) The office shall develop and make available a | ||
standardized transfer certificate and index of transferred | ||
documents form to be used for the transfer of cases and proceedings | ||
under Section 155.207, Family Code, and Sections 51.3071 and 51.403 | ||
of this code. | ||
(d) In adopting rules and developing forms under this | ||
section, the office shall consult with representatives of county | ||
and district clerks. | ||
SECTION 5. As soon as practicable after the effective date | ||
of this Act, the Office of Court Administration of the Texas | ||
Judicial System shall adopt rules and develop and make available | ||
all forms and materials required by Section 72.037, Government | ||
Code, as added by this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. |