2005 Texas Government Code CHAPTER 51. CLERKS

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	(c)  Repealed by Acts 2003, 78th Leg., ch. 285, § 31(6).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 when a case or 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;  Acts 2005, 79th Leg., ch. 804, 
§ 3, eff. June 18, 2005.


	§ 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 
page  not 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 V.T.C.A., Government Code § 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


	§ 51.702. 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.
	(d)  If a county clerk believes in good faith that a document 
filed with the county clerk to create a lien is fraudulent, the 
clerk shall:
		(1)  request the assistance of the county or district 
attorney to determine whether the document is fraudulent before 
filing or recording the document;
		(2)  request that the prospective filer provide to the 
county clerk additional documentation supporting the existence of 
the lien, such as a contract or other document that contains the 
alleged debtor or obligor's signature;  and
		(3)  forward any additional documentation received to 
the county or district attorney.

Added by Acts 1997, 75th Leg., ch. 189, § 14, eff. May 21, 1997.  
Amended by Acts 2005, 79th Leg., ch. 407, § 1, eff. Sept. 1, 
2005.


	§ 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:

THE STATE OF TEXAS                                                            

AFFIDAVIT

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:

THE STATE OF TEXAS                                                            

AFFIDAVIT

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 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 V.T.C.A., Government Code § 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 V.T.C.A., Government Code § 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 V.T.C.A., Government Code § 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 shall adopt a family protection fee in an amount 
not to exceed $30.
	(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.                              
	(d)  The clerk shall pay one-half of the fee collected under 
this section to the appropriate officer of the county in which the 
suit is filed for deposit in the county treasury to the credit of 
the family protection account.  The account may be used by the 
commissioners court of the county only to fund a service provider 
located in that county or an adjacent county.  The commissioners 
court may provide funding to a nonprofit organization that provides 
services described by Subsection (e).
	(e)  A service provider who receives funds under Subsection 
(d) may provide family violence and child abuse prevention, 
intervention, family strengthening, mental health, counseling, 
legal, and marriage preservation services to families that are at 
risk of experiencing or that have experienced family violence or 
the abuse or neglect of a child.
	(f)  In this section, "family violence" has the meaning 
assigned by Section 71.004, Family Code.
	(g)  The clerk shall pay one-half of the fee collected under 
this section to the comptroller, who shall deposit the money to the 
credit of the child abuse and neglect prevention trust fund account 
established under Section 40.105, Human Resources Code.

Added by Acts 2003, 78th Leg., ch. 198, § 2.165(a), eff. Sept. 1, 
2003.  Amended by Acts 2005, 79th Leg., ch. 268, § 1.66, eff. 
Sept. 1, 2005.