Bill Text: TX HB3840 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the electronic filing system used for the filing of documents in courts of this state; authorizing the imposition of a fee for use of that system in certain counties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-23 - Referred to Judiciary & Civil Jurisprudence [HB3840 Detail]

Download: Texas-2021-HB3840-Introduced.html
  87R7755 TSS-D
 
  By: Dominguez H.B. No. 3840
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the electronic filing system used for the filing of
  documents in courts of this state; authorizing the imposition of a
  fee for use of that system in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 72.031, Government Code, is amended by
  amending Subsection (d) and adding Subsections (d-1), (d-2), and
  (g) to read as follows:
         (d)  A local government or [appellate] court that uses the
  electronic filing system may accept electronic payment methods,
  including payments made with credit and debit cards.
         (d-1)  Cameron, Hidalgo, and Webb Counties may each charge a
  fee of not more than $2 for each electronic filing transaction filed
  in a court in the county through an electronic filing system if:
               (1)  the fee is necessary to reimburse the county for
  the system operating costs reasonably incurred by the county to:
                     (A)  accept electronic payment methods;
                     (B)  communicate with other technology
  information systems; or
                     (C)  improve and maintain cybersecurity systems
  or equipment;
               (2)  the fee does not include an amount to reimburse
  county employee costs, other than the direct costs incurred in
  maintaining the system;
               (3)  the commissioners court of the county approves the
  imposition of the fee using the county's standard fee approval
  process; and
               (4)  the county and district clerks in the county
  annually certify to the commissioners court of the county that the
  fee is necessary to reimburse the county for the costs specified in
  Subdivision (1).
         (d-2)  The clerk of a court in a county authorized to charge a
  fee under Subsection (d-1) shall collect the 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 fund or account
  from which the county spent the system operating costs described by
  Subsection (d-1)(1).
         (g)  The comptroller may audit the records of a county
  related to fees collected under this section.
         SECTION 2.  This Act takes effect September 1, 2021.
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