Bill Text: TX HB2717 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the duties and responsibilities of certain county officials and the functions of county government.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB2717 Detail]
Download: Texas-2011-HB2717-Introduced.html
Bill Title: Relating to the duties and responsibilities of certain county officials and the functions of county government.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB2717 Detail]
Download: Texas-2011-HB2717-Introduced.html
82R11823 T | ||
By: Darby | H.B. No. 2717 |
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relating to certain duties, functions, and procedures of county | ||
clerks, district clerks, and local registrars. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.305, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (i) to read as | ||
follows: | ||
(b) The commissioners court of a county may adopt a district | ||
court records archive fee of not more than $5 for the filing of a | ||
suit, including an appeal from an inferior court, or a | ||
cross-action, counterclaim, intervention, contempt action, motion | ||
for new trial, or third-party petition, in a district court, or | ||
statutory county court that has concurrent jurisdiction with a | ||
district court, in the county as part of the county's annual budget. | ||
The fee must be set and itemized in the county's budget as part of | ||
the budget preparation process and must be approved in a public | ||
meeting. The fee is for preservation and restoration services | ||
performed in connection with maintaining a district court records | ||
archive. | ||
(i) Notwithstanding any conflicting law, the fee prescribed | ||
by Subsection (b) in relation to a statutory county court that has | ||
concurrent jurisdiction with a district court is subject to | ||
Subchapters B and C, Chapter 118, Local Government Code, in the same | ||
manner as other similar fees under those subchapters. | ||
SECTION 2. Section 51.605(c), Government Code, is amended | ||
to read as follows: | ||
(c) A clerk must annually complete 20 hours of continuing | ||
education courses including, during each term of office and within | ||
the first 12 months of taking office, 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, during each term of office and within the | ||
first 12 months of taking office, at least one hour of continuing | ||
education regarding fraudulent court documents and fraudulent | ||
document filings. | ||
SECTION 3. Section 62.106(a), Government Code, is amended | ||
to read as follows: | ||
(a) A person qualified to serve as a petit juror may | ||
establish an exemption from jury service if the person: | ||
(1) is over 70 years of age; | ||
(2) has legal custody of a child younger than 12 [ |
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years of age and the person's service on the jury requires leaving | ||
the child without adequate supervision; | ||
(3) is a student of a public or private secondary | ||
school; | ||
(4) is a person enrolled and in actual attendance at an | ||
institution of higher education; | ||
(5) is an officer or an employee of the senate, the | ||
house of representatives, or any department, commission, board, | ||
office, or other agency in the legislative branch of state | ||
government; | ||
(6) is summoned for service in a county with a | ||
population of at least 200,000, unless that county uses a jury plan | ||
under Section 62.011 and the period authorized under Section | ||
62.011(b)(5) exceeds two years, and the person has served as a petit | ||
juror in the county during the 24-month period preceding the date | ||
the person is to appear for jury service; | ||
(7) is the primary caretaker of a person who is an | ||
invalid unable to care for himself; | ||
(8) except as provided by Subsection (b), is summoned | ||
for service in a county with a population of at least 250,000 and | ||
the person has served as a petit juror in the county during the | ||
three-year period preceding the date the person is to appear for | ||
jury service; or | ||
(9) is a member of the United States military forces | ||
serving on active duty and deployed to a location away from the | ||
person's home station and out of the person's county of residence. | ||
SECTION 4. Section 191.0045, Health and Safety Code, is | ||
amended by amending Subsection (h) and adding Subsection (i) to | ||
read as follows: | ||
(h) In addition to other fees collected under this section, | ||
a local registrar or county clerk may collect a fee not to exceed $1 | ||
for: | ||
(1) the preservation of vital statistics records | ||
maintained by the registrar or county clerk, including birth, | ||
death, fetal death, marriage, divorce, and annulment records; | ||
(2) vital statistics training; or | ||
(3) any other needs of the local registrar or county | ||
clerk to ensure the safety and security of vital statistics | ||
records. | ||
(i) A fee under Subsection (h) [ |
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collected by the registrar or county clerk on the issuance of a | ||
vital statistics record, including a record issued through a Remote | ||
Birth Access site. | ||
SECTION 5. Section 132.002(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The commissioners court of a county may authorize a | ||
county or precinct officer who collects fees, fines, court costs, | ||
or other charges on behalf of the county or the state to accept | ||
payment by credit card or by the electronic processing of checks of | ||
a fee, fine, court costs, or other charge. The commissioners court | ||
may also authorize a county or precinct officer to collect and | ||
retain a fee for processing the payment by credit card or by the | ||
electronic processing of checks. | ||
SECTION 6. Section 151.001(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) The application must be accompanied by a statement of | ||
the probable receipts from fees, commissions, and compensation to | ||
be collected by the office during the budget process [ |
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and the probable disbursements, including salaries and expenses, of | ||
the office. | ||
SECTION 7. Section 191.030, Health and Safety Code, is | ||
repealed. | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |