reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.201. Harris County

Sec. 45.201.  HARRIS COUNTY.  It is the primary duty of the county attorney in Harris County or his assistants to represent the state, Harris County, and the officials of Harris County in all civil matters pending before the courts of Harris County and any other courts in which the state, the county, or the officials of the county have matters pending.  The county attorney shall represent the Harris County Flood Control District and perform the other duties imposed by this section without any additional fee, compensation, or perquisite other than that paid by Harris County out of its officers' salary fund.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.227. Jones County

Sec. 45.227.  JONES COUNTY.  The county attorney shall represent the state in all misdemeanor cases before the district court in Jones County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.235. King County

Sec. 45.235.  KING COUNTY.  The county attorney shall represent the state in all misdemeanor cases before the district court in King County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.238. Knox County

Sec. 45.238.  KNOX COUNTY.  The county attorney shall represent the state in all misdemeanor cases before the district court in Knox County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.243. Lavaca County

Sec. 45.243.  LAVACA COUNTY.  (a)  In Lavaca County, the county attorney of Lavaca County shall perform the duties imposed on and have the powers conferred on district attorneys by general law.
(b)  The county attorney of Lavaca County or the Commissioners Court of Lavaca County may accept gifts or grants from any individual, partnership, corporation, trust, foundation, association, or governmental entity for the purpose of financing or assisting the operation of the office of county attorney in Lavaca County.  The county attorney shall account for and report to the commissioners court all gifts or grants accepted under this subsection.
Added by Acts 2013, 83rd Leg., R.S., Ch. 644 (H.B. 717), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.244. Lee County

Sec. 45.244.  LEE COUNTY.  The county attorney of Lee County represents the state in all matters pending before the district courts in Lee County.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.63(a), eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 762, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 819, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.261. Matagorda County

Sec. 45.261.  MATAGORDA COUNTY.  (a)  It is the primary duty of the county attorney in Matagorda County to represent the state, Matagorda County, and the officials of the county in civil matters pending before any court in which the state, Matagorda County, or the officials have matters pending.
(b)  The county attorney shall handle children's protective services, protective orders under the Family Code, and proceedings under Title 2 or 5, Family Code.
(c)  At the request of the district attorney, the county attorney may assist the district attorney in criminal cases in Matagorda County.
Added by Acts 1995, 74th Leg., ch. 457, Sec. 3, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.33, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.270. Montgomery County

Sec. 45.270.  MONTGOMERY COUNTY.  (a)  The county attorney of Montgomery County, or the county attorney's assistants, shall represent the state, Montgomery County, and the officials of the county in all civil matters pending before a court of Montgomery County or any other court.
(b)  The county attorney has the powers, duties, and privileges in Montgomery County relating to:
(1)  civil commitment matters under Subtitle C, Title 7, Health and Safety Code;
(2)  juvenile matters, including proceedings under Title 3, Family Code;
(3)  child protective services; and
(4)  protective orders under Title 4, Family Code.
(c)  Notwithstanding Subsection (a), the commissioners court in Montgomery County may retain independent counsel in any civil matter.
Added by Acts 2005, 79th Leg., Ch. 821 (S.B. 792), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.280. Oldham County

Sec. 45.280.  OLDHAM COUNTY.  (a)  The county attorney in Oldham County shall represent the state in all matters pending before the district court in Oldham County.
(b)  The county attorney in Oldham County is entitled to be compensated by the state in the manner and amount provided by general law relating to the salary paid to district attorneys by the state.  Oldham County shall pay $28,500 of the county attorney's total salary, and the state shall pay the remainder of the salary.
(c)  The county attorney in Oldham County is entitled to receive from the state the amount provided in the General Appropriations Act for the payment of staff salaries and office expenses in single-county districts.
(d)  If there is no county attorney in Oldham County, the criminal district attorney of Deaf Smith County shall represent the state in all matters pending before the district court in Oldham County on appointment by the judge of the district court in Oldham County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.290. Rains County

Sec. 45.290.  RAINS COUNTY.  (a)  In Rains County, the county attorney of Rains County shall perform the duties imposed on and have the powers conferred on district attorneys by general law.
(b)  The county attorney of Rains County is entitled to be compensated by the state in the manner and amount fixed by general law relating to the salary paid to district attorneys by the state. Rains County is also entitled to receive from the state an amount equal to the amount provided in the General Appropriations Act to district attorneys for the payment of staff salaries and expenses of the office.
Added by Acts 1999, 76th Leg., ch. 917, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 174, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.309. Shackelford County

Sec. 45.309.  SHACKELFORD COUNTY.  The county attorney shall represent the state in all misdemeanor cases before the district court in Shackelford County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.315. Stephens County

Sec. 45.315.  STEPHENS COUNTY.  (a)  The county attorney shall represent the state in all criminal cases before the County Court of Stephens County.
(b)  The county attorney of Stephens County shall represent the state in all misdemeanor cases before the district court of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 6.002, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.319. Swisher County

Sec. 45.319.  SWISHER COUNTY.  The county attorney in Swisher County shall represent the state in all matters pending before the district court in Swisher County.
Added by Acts 2009, 81st Leg., R.S., Ch. 787 (S.B. 1166), Sec. 2, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1103 (H.B. 4833), Sec. 16(b), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.340. Webb County

Sec. 45.340.  WEBB COUNTY.  The county attorney handles or prosecutes all juvenile, child welfare, and mental health cases in Webb County, the other civil cases in Webb County where the state is a party, and the other duties imposed by law on the office of county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 45 - County Attorneys › Subchapter B. Provisions Applicable to Specific Counties › Section 45.341. Wharton County

Sec. 45.341.  WHARTON COUNTY.  (a)  The primary duty of the county attorney in Wharton County is to represent the state, Wharton County, and county officials in civil matters.
(b)  The county attorney has the powers and duties relating to cases involving protective orders under Chapter 71, Family Code, and cases under Title 5, Family Code, including cases brought for the protection of children.
(c)  At the request of the district attorney, the county attorney may assist the district attorney in the prosecution of criminal cases in Wharton County.
(d)  The county attorney represents the state in proceedings under Title 3, Family Code.
(e)  The county attorney represents the Wharton County Drainage District.
Added by Acts 1997, 75th Leg., ch. 477, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 51, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 46 - Professional Prosecutors › Section 46.001. Definitions

Sec. 46.001.  DEFINITIONS.  In this chapter:
(1)  "County prosecutor" means a constitutional county attorney who does not have general felony jurisdiction and who is not a state prosecutor.
(2)  "Benchmark salary" means the state annual salary as set by the General Appropriations Act in accordance with Section 659.012 paid to a district judge with comparable years of service as the county prosecutor.
(3)  "State prosecutor" means a district attorney, criminal district attorney, or county attorney performing the duties of district attorney who serves in a district or county listed in Section 46.002.
(4)  "State prosecuting attorney" means the state prosecuting attorney appointed under Chapter 42.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 150 (S.B. 497), Sec. 1, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 46 - Professional Prosecutors › Section 46.003. Compensation of State Prosecutors

Sec. 46.003.  COMPENSATION OF STATE PROSECUTORS.  (a)  The state prosecuting attorney and each state prosecutor is entitled to receive from the state:
(1)  a salary in an amount equal to the state annual salary as set by the General Appropriations Act in accordance with Section 659.012 paid to a district judge with comparable years of service as the state prosecuting attorney or state prosecutor; and
(2)  a monthly amount of longevity pay based on the state prosecuting attorney's or state prosecutor's years of service that would be paid to the state prosecuting attorney or state prosecutor under Section 659.0445 if the state prosecuting attorney or state prosecutor were a judge or justice described by Section 659.0445(a).
(a-1)  For purposes of this section, the years of service of the state prosecuting attorney or a state prosecutor include any years of service as:
(1)  a county attorney; or
(2)  an appellate court justice, district judge, judge of a statutory county court, judge of a multicounty statutory county court, or judge or justice of a statutory probate court.
(b)  A commissioners court may supplement the state prosecutor's state salary but may not pay the state prosecutor an amount less than the compensation it pays its highest paid district judge.
(c)  Notwithstanding Subsection (a), if the amount of a state prosecutor's total annual salary from state and county sources exceeds the amount of the maximum combined base salary from all state and county sources provided by Section 659.012 for a district judge with comparable years of service as the state prosecutor, the comptroller shall reduce the state prosecutor's state annual salary by the amount equal to the excess amount, except that the comptroller may not reduce the state prosecutor's state annual salary to an amount that is less than the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a).
(d)  The comptroller shall calculate the amount of the state annual salary to be paid to a state prosecutor under this section for a state fiscal year based on sworn statements the state prosecutor files annually with the comptroller at the time and in the manner the comptroller requires that specify the amount of county compensation to be paid to the state prosecutor for that year.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1254, Sec. 2, eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 150 (S.B. 497), Sec. 4, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 10, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 6.003, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 971 (S.B. 2310), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 46 - Professional Prosecutors › Section 46.0031. Compensation of County Prosecutors

Sec. 46.0031.  COMPENSATION OF COUNTY PROSECUTORS.  (a)  Except as provided by Subsection (b), each county that has a county prosecutor is entitled to receive from the state supplemental salary compensation to be paid by the county to the county prosecutor in an amount equal to the amount that is one-half of the benchmark salary divided by the total number of counties served by the state prosecutor, unless that formula would result in an amount less than one-sixth of the benchmark salary, in which case the county prosecutor is entitled to receive one-sixth of the benchmark salary.  A county with no county prosecutor is not entitled to receive the salary supplement funds provided by this section.
(b)  For a county with more than one state prosecutor who serves that county, the supplemental salary compensation for the county prosecutor is computed by:
(1)  determining the amount of compensation as provided by Subsection (a) in relation to each state prosecutor as if that state prosecutor is the only state prosecutor who serves the county;
(2)  adding the amounts of compensation determined under Subdivision (1);  and
(3)  setting the amount of compensation at the lesser of:
(A)  the sum of those amounts;  or
(B)  one-half of the benchmark rate.
(c)  If the receipt of compensation under this section causes the gross salary of a county prosecutor to exceed the benchmark salary, or if any amount of the compensation is waived by the prosecutor, the excess or waived amount shall be used for expenses of the county prosecutor's office.
(d)  At least annually the comptroller shall pay to the salary fund of each county that is entitled to receive funds under this section an amount authorized under this section to supplement the salary of the county prosecutor.  For purposes of calculating that amount, the comptroller shall use the benchmark salary applicable to the county prosecutor on September 1 of the state fiscal year in which the payment is made.
(e)  A county attorney who does not have criminal prosecution duties or who has criminal prosecution duties only upon request of the district attorney is entitled to receive from the state supplemental salary compensation that is equal to one-half the amount the county attorney would be eligible for under Subsection (a) or (b).  The remainder of the supplement shall be used for expenses of the county attorney's office.  This subsection does not apply to a county attorney who is responsible for the prosecution of juvenile justice cases under Title 3, Family Code.
Added by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 46 - Professional Prosecutors › Section 46.004. Expenses

Sec. 46.004.  EXPENSES.  (a)  The state prosecuting attorney and each state prosecutor is entitled to receive not less than $22,500 a year from the state to be used by the attorney or prosecutor to help defray the salaries and expenses of the office.  That money may not be used to supplement the attorney's or prosecutor's salary.
(b)  The state prosecuting attorney and each state prosecutor shall submit annually to the comptroller of public accounts a sworn account showing how this money was spent during the year.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 150 (S.B. 497), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 46 - Professional Prosecutors › Section 46.005. Limitations on Law Practice

Sec. 46.005.  LIMITATIONS ON LAW PRACTICE.  (a)  The state prosecuting attorney or a state prosecutor may not engage in the private practice of law but may complete all civil cases that are not in conflict with the interest of any of the counties of the district in which the attorney or prosecutor serves and that are pending in court before the attorney or prosecutor takes office.
(b)  The state prosecuting attorney or a state prosecutor may not accept a fee from an attorney to whom the state prosecuting attorney or state prosecutor has referred a case.
(c)  This section applies to a county prosecutor and any assistant of a prosecutor if, from all state and county funds received, the county prosecutor or assistant receives a salary that is equal to or more than 80 percent of the benchmark salary.
(d)  This section does not apply to a county prosecutor who files with the county auditor an annual written waiver of the amount of compensation that is equal to or exceeds 80 percent of the benchmark salary.  An amount waived under this subsection shall be used for expenses of the county prosecutor's office.
(e)  This section does not apply to a county prosecutor who, before September 1, 1999, was paid in excess of the benchmark salary by the county in which the prosecutor serves.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 150 (S.B. 497), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 46 - Professional Prosecutors › Section 46.006. Purpose; Duty of County

Sec. 46.006.  PURPOSE;  DUTY OF COUNTY.  (a)  It is the purpose of this chapter to increase the effectiveness of law enforcement in this state and to increase the funds available for use in prosecution at both the felony and misdemeanor levels.
(b)  The commissioners court in each county that has a prosecutor subject to this chapter may not reduce the county funds provided for the salary or office of the prosecutor as a result of the funds provided by this chapter.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 46 - Professional Prosecutors › Section 46.007. Ineligibility for Certain Other State Funds

Sec. 46.007.  INELIGIBILITY FOR CERTAIN OTHER STATE FUNDS.  Subchapter C, Chapter 41,  does not apply to a county if the county is served by a state prosecutor who serves in a district or county listed in Section 46.002.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.001. Appointment; Residence; Bond; Seal

Sec. 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, Sec. 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, Sec. 1, eff. Sept. 1, 1985;  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(6), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.002. Clerk Pro Tempore; Deputy Clerk

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.003. Removal of Clerk

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.004. Duties

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.0045. Electronic or Microfilm Storage

Sec. 51.0045.  ELECTRONIC OR MICROFILM STORAGE.  (a)  In the performance of the duties imposed by Section 51.004, the clerk of the supreme court may maintain records and documents in an electronic storage format or on microfilm.  A record or document stored electronically or on microfilm in accordance with this section is considered an original record or document.  If the clerk stores records or documents electronically or on microfilm, the clerk may destroy the originals or copies of the records or documents according to the retention policy described by Subsection (b).
(b)  The clerk of the supreme court shall establish a records retention policy.  The retention policy shall provide a plan for the storage and retention of records and documents and shall include a retention period to preserve the records and documents in accordance with applicable state law and rules of the supreme court.
(c)  For purposes of this section, "electronic storage" has the meaning assigned by Section 51.105(c).
Added by Acts 2009, 81st Leg., R.S., Ch. 795 (S.B. 1259), Sec. 2(a), eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.0046. Privacy of Certain Records and Documents; Liability

Sec. 51.0046.  PRIVACY OF CERTAIN RECORDS AND DOCUMENTS; LIABILITY.  (a)  The supreme court shall adopt rules establishing procedures for protecting personal information contained in records and documents stored by the clerk of an appellate court in an electronic storage format and for accessing those records and documents.  The supreme court by rule shall define "personal information" for purposes of this section.
(b)  A person who complies with the rules adopted by the supreme court under this section is not liable for damages arising from the disclosure of personal information that is included in records or documents stored in an electronic storage format.
(c)  For purposes of this section, "electronic storage" has the meaning assigned by Section 51.105(c).
Added by Acts 2009, 81st Leg., R.S., Ch. 795 (S.B. 1259), Sec. 2(a), eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.005. Fees and Costs

Sec. 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 petition for review$ 50(2)  additional fee if application for petition for review 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 federal 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, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec. 3, eff. Sept. 22, 1986.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 14.01, eff. January 1, 2012.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.0051. Additional Fees

Sec. 51.0051.  ADDITIONAL FEES.  (a)  In addition to other fees authorized or required by law, the clerk of the supreme court shall collect an additional fee on the filing of any application or proceeding otherwise requiring a filing fee, including an appeal.  The additional fee is set by order or rule of the supreme court in an amount necessary to defray costs and expenses incurred in the operation of the court, not to exceed $50.
(b)  The clerk shall collect fees imposed under this section in the same manner as other fees, fines, or costs are collected in the proceeding and shall send the fees imposed under this section to the comptroller not later than the last day of the month following each calendar quarter.  The comptroller shall deposit the fees received to the credit of the judicial fund.
(c)  The comptroller shall establish a supreme court support account in the judicial fund.  Fees received under this section may be appropriated only to the supreme court support account, and the comptroller shall allocate to the account amounts as designated in the General Appropriations Act from the judicial fund that were deposited under this section.
(d)  The supreme court shall administer the funds deposited under this section and appropriated to the supreme court support account.  The chief justice may make disbursements from the account for court-related purposes to defray costs and expenses incurred in the operation of the supreme court.
(e)  The supreme court shall file an accounting with the Legislative Budget Board not later than November 1 following each state fiscal year showing disbursements made from the supreme court support account during the previous state fiscal year and the purpose of each disbursement.  The expenditures are subject to audit by the comptroller and the state auditor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1408 (S.B. 1182), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.006. Fee for Attorney's License or Certificate

Sec. 51.006.  FEE FOR ATTORNEY'S LICENSE OR CERTIFICATE.  The clerk shall collect a fee of $25 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, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 912 (S.B. 1329), Sec. 5.01, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter A. Clerk of Supreme Court › Section 51.007. Vacancy During Vacation

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter B. Clerk of Court of Criminal Appeals › Section 51.101. Oath; Bond

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter B. Clerk of Court of Criminal Appeals › Section 51.102. Deputy Clerk

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter B. Clerk of Court of Criminal Appeals › Section 51.103. Removal of Clerk

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter B. Clerk of Court of Criminal Appeals › Section 51.104. Duties and Liabilities

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter B. Clerk of Court of Criminal Appeals › Section 51.1045. Electronic Documents and Digital Multimedia Evidence

Sec. 51.1045.  ELECTRONIC DOCUMENTS AND DIGITAL MULTIMEDIA EVIDENCE.
Text of subsection effective until January 01, 2025
(a)  In this section, "digital multimedia evidence" has the meaning assigned by Article 2.21, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(a)  In this section, "digital multimedia evidence" has the meaning assigned by Article 2A.153, Code of Criminal Procedure.
(b)  The clerk of the court of criminal appeals may accept electronic documents and digital multimedia evidence received from a defendant, an applicant for a writ of habeas corpus, the clerk of the convicting court, a court reporter, or an attorney representing the state.
Added by Acts 2009, 81st Leg., R.S., Ch. 795 (S.B. 1259), Sec. 3, eff. June 19, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.063, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter B. Clerk of Court of Criminal Appeals › Section 51.105. Electronic Storage

Sec. 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 or on microfilm.  A record or document stored electronically or on microfilm in accordance with this section is considered an original record or document.  If the clerk stores writs, records, or documents electronically or on microfilm, 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, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 795 (S.B. 1259), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter C. Clerks of Courts of Appeals › Section 51.201. Appointment; Residence; Bond; Seal

Sec. 51.201.  APPOINTMENT;  RESIDENCE;  BOND;  SEAL.  (a)  An order appointing a clerk of a court of appeals 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, Sec. 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, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 1.61, eff. Sept. 1, 1987;  Acts 2003, 78th Leg., ch. 285, Sec. 31(7), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 7.001, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter C. Clerks of Courts of Appeals › Section 51.202. Clerk Pro Tempore; Deputy Clerk

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter C. Clerks of Courts of Appeals › Section 51.203. Removal of Clerk

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter C. Clerks of Courts of Appeals › Section 51.205. Electronic or Microfilm Storage

Sec. 51.205.  ELECTRONIC OR MICROFILM STORAGE.  (a)  In the performance of the duties imposed by Section 51.204, the clerk of a court of appeals may maintain records and documents in an electronic storage format or on microfilm.  A record or document stored electronically or on microfilm in accordance with this section is considered an original record or document.  If a clerk stores records or documents electronically or on microfilm, the clerk may destroy the originals or copies of the records or documents according to the retention policy described by Subsection (b).
(b)  The clerk of a court of appeals shall establish a records retention policy.  The retention policy shall provide a plan for the storage and retention of records and documents and shall include a retention period to preserve the records and documents in accordance with Section 51.204 and other applicable state law and rules of the court of appeals, the supreme court, or the court of criminal appeals.
(c)  For purposes of this section, "electronic storage" has the meaning assigned by Section 51.105(c).
Added by Acts 2009, 81st Leg., R.S., Ch. 795 (S.B. 1259), Sec. 5, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter C. Clerks of Courts of Appeals › Section 51.206. Law Library

Sec. 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, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter C. Clerks of Courts of Appeals › Section 51.208. Additional Fees

Sec. 51.208.  ADDITIONAL FEES.  (a)  The clerk of a court of appeals shall collect an additional fee on the filing of any case appealed to and filed in the court of appeals that otherwise requires a filing fee.  The additional fee is in an amount equal to the amount of the additional fee set by order or rule of the supreme court and imposed under Section 51.0051.
(b)  The clerk shall collect fees imposed under this section in the same manner as other fees, fines, or costs are collected in the proceeding and shall send the fees imposed under this section to the comptroller not later than the last day of the month following each calendar quarter.  The comptroller shall deposit the fees received to the credit of the judicial fund.
(c)  Fees received under this section may be appropriated only to the supreme court support account established under Section 51.0051.  The comptroller shall allocate to the account amounts as designated in the General Appropriations Act from the judicial fund that were deposited under this section.
(d)  The supreme court shall administer the funds deposited under this section and appropriated to the supreme court support account in the manner provided by Section 51.0051.
Added by Acts 2007, 80th Leg., R.S., Ch. 1408 (S.B. 1182), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.301. Vacancy; Bond; Seal; Signature of Clerk

Sec. 51.301.  VACANCY; BOND; SEAL; SIGNATURE OF CLERK.  (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.  The seal may be created using an electronic means, including by using an optical disk or another electronic reproduction technique, if the means by which the seal is impressed on an original document created using the same type of electronic means does not allow for changes, additions, or deletions to be made to the document.
(e)  The signature of the district clerk may be affixed on an original document using electronic means, provided that the means by which the signature is affixed meets the requirements of Subsection (d) with respect to creating a seal by electronic means.
(f)  A seal impressed or a signature affixed by electronic means may be delivered or transmitted electronically.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 25 (S.B. 229), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 25 (S.B. 229), Sec. 2, eff. September 1, 2007.