reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.303. Duties and Powers

Sec. 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(d)  Repealed by Acts 1995, 74th Leg., ch. 641, Sec. 1.05, eff.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, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 354, Sec. 1, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 1248, Sec. 35, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 641, Sec. 1.05, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1024, Sec. 20, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.3031. Issuance of United States Passports

Sec. 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 and selling money orders to applicants for payment purposes.
(b)  To recover the costs of taking passport photographs and selling money orders, a district clerk may collect reasonable fees for the provided services in amounts 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, Sec. 1, eff. May 21, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 37 (S.B. 1730), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.3032. Electronic Display of Official and Legal Notices by District Clerk

Sec. 51.3032.  ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL NOTICES BY DISTRICT CLERK.  A district clerk may post an official and legal notice by electronic display, instead of posting a physical document, in the manner provided for a county clerk by Section 82.051, Local Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.11, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.304. Preservation of Records

Sec. 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, Sec. 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, Sec. 85(3), eff. Sept. 1, 1989.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 978, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.306. Recording Proceedings of More Than One Court

Sec. 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, 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 D. District Clerks › Section 51.307. Transferred Judgments

Sec. 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, 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 D. District Clerks › Section 51.3071. Transfer of Cases

Sec. 51.3071.  TRANSFER OF CASES.  (a)  If a case is transferred from a district court to a constitutional or statutory county court or another district court, the clerk of the transferring court shall send to the clerk of the court to which the case is transferred, using the electronic filing system established under Section 72.031:
(1)  a transfer certificate and index of transferred documents;
(2)  a copy of the original papers filed in the transferring court;
(3)  a copy of the order of transfer signed by the transferring court;
(4)  a copy of each final order;
(5)  a copy of the transfer certificate and index of transferred documents from each previous transfer; and
(6)  a bill of any costs that have accrued in the transferring court.
(b)  The clerk of the transferring court shall use the standardized transfer certificate and index of transferred documents form created by the Office of Court Administration of the Texas Judicial System under Section 72.037 when transferring a case under this section.
(c)  The clerk of the transferee court shall accept documents transferred under Subsection (a) and docket the case.
(d)  The clerk of the transferee court shall physically or electronically mark or stamp the transfer certificate and index of transferred documents to evidence the date and time of acceptance under Subsection (c), but may not physically or electronically mark or stamp any other document transferred under Subsection (a).
(e)  Sections 80.001 and 80.002 do not apply to the transfer of documents under this section.
(f)  The clerks of both the transferee and transferring courts may each produce, under this chapter, certified or uncertified copies of documents transferred under Subsection (a) and must include a copy of the transfer certificate and index of transferred documents with each document produced.
(g)  This section applies regardless of whether the transferee court and the transferring court are in the same or different counties.
Added by Acts 2015, 84th Leg., R.S., Ch. 629 (S.B. 1341), Sec. 1, eff. June 16, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 7.02, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 12, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.008, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.308. Clerk Pro Tempore

Sec. 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, 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 D. District Clerks › Section 51.309. Deputy Clerks and Other Employees

Sec. 51.309.  DEPUTY CLERKS AND OTHER EMPLOYEES.  (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 one or more surety bonds in accordance with this section to cover each deputy clerk or other employee.  The district clerk shall obtain:
(1)  an individual bond for each deputy clerk and other employee in an amount for each bond that is equal to the district clerk's bond; or
(2)  a schedule surety bond or a blanket surety bond to cover all deputy clerks and all other employees in a total amount that is equal to the district clerk's bond.
(b-1)  A deputy clerk and an employee must be covered by a surety bond on the same conditions as the district clerk. A bond covering a deputy clerk or other employee 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, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 71, Sec. 5, 6, eff. May 7, 1987;  Acts 1993, 73rd Leg., ch. 199, Sec. 2, eff. May 19, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 179 (H.B. 1494), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 179 (H.B. 1494), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.310. Deputy District Clerks of Bexar County

Sec. 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, 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 D. District Clerks › Section 51.311. Special Deputy District Clerk in Lubbock and Nueces Counties

Sec. 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, 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 D. District Clerks › Section 51.312. Special Deputy District Clerk in Dallas, El Paso, Harris, Tarrant, and Travis Counties

Sec. 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, 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 D. District Clerks › Section 51.313. Special Deputy District Clerk in Collin and Denton Counties

Sec. 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, 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 D. District Clerks › Section 51.314. Special Deputy District Clerk in Galveston County

Sec. 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, 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 D. District Clerks › Section 51.315. Special Deputy District Clerks for Certain Courts in Harris County

Sec. 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, 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 D. District Clerks › Section 51.316. Deputy Clerk and Assistant in Hidalgo, Jefferson, and Nueces Counties

Sec. 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, 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 D. District Clerks › Section 51.319. Other Fees

Sec. 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;
(3)  for performing any other service prescribed or authorized by law for which no fee is set by law, a reasonable fee; and
(4)  for performing services related to a matter filed in a statutory county court, the same fees allowed the district clerk for those services in the district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 641, Sec. 1.03, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 654 (H.B. 2182), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.3195. Copies of Court Records Preserved Only on Microfilm or by Electronic Method

Sec. 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, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter D. District Clerks › Section 51.320. Bill for Services

Sec. 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, 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 D. District Clerks › Section 51.322. Removal

Sec. 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, Sec. 8.28(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter E. County Clerks › Section 51.401. Clerk Pro Tempore

Sec. 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, 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 E. County Clerks › Section 51.402. Duties and Powers

Sec. 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, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 1024, Sec. 21, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter E. County Clerks › Section 51.403. Transfer of Cases

Sec. 51.403.  TRANSFER OF CASES.  (a)  If a case is transferred from a county court to a district court or a statutory county court or a county court of another county, the clerk of the transferring court shall send to the clerk of the court to which the case is transferred, using the electronic filing system established under Section 72.031:
(1)  a transfer certificate and index of transferred documents;
(2)  a copy of the original papers filed in the transferring court;
(3)  a copy of the order of transfer signed by the transferring court;
(4)  a copy of each final order;
(5)  a copy of the transfer certificate and index of transferred documents from each previous transfer; and
(6)  a bill of any costs that have accrued in the transferring court.
(a-1)  The clerk of the transferring court shall use the standardized transfer certificate and index of transferred documents form created by the Office of Court Administration of the Texas Judicial System under Section 72.037 when transferring a case under this section.
(a-2)  The clerk of the transferee court shall accept documents transferred under Subsection (a) and docket the case.
(a-3)  The clerk of the transferee court shall physically or electronically mark or stamp the transfer certificate and index of transferred documents to evidence the date and time of acceptance under Subsection (a-2), but may not physically or electronically mark or stamp any other document transferred under Subsection (a).
(b)  If civil or criminal jurisdiction of a county court is transferred to a district court, the clerk of the county court shall send using the electronic filing system established under Section 72.031 a certified copy of the judgments rendered in the county court that remain unsatisfied to the district clerks of the appropriate counties.
(c)  Sections 80.001 and 80.002 do not apply to the transfer of documents under this section.
(d)  The clerks of both the transferee and transferring courts may each produce, under this chapter, certified or uncertified copies of documents transferred under Subsection (a) and must include a copy of the transfer certificate and index of transferred documents with each document produced.
(e)  This section applies regardless of whether the transferee court and the transferring court are in the same or different counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 629 (S.B. 1341), Sec. 2, eff. June 16, 2015.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 7.03, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 14, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.009, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter E. County Clerks › Section 51.404. Special Deputy County Clerk in Galveston County

Sec. 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, 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 F. Joint Clerks › Section 51.501. Joint Clerks

Sec. 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 5,415 to 5,515 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, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 69, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 17, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 18, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 36, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter F. Joint Clerks › Section 51.502. Seal

Sec. 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, 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 G. Miscellaneous Provisions › Section 51.601. Court Reporter Service Fund

Sec. 51.601.  COURT REPORTER SERVICE FUND.  (a) 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, including a court reporter's preparation of an appellate record under the Texas Rules of Appellate Procedure and Rule 145, Texas Rules of Civil Procedure, to comply with state or federal laws, or providing any other service related to the functions of a court reporter.
(b)  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.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1080, Sec. 6, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 144, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1047 (H.B. 4529), Sec. 1, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1175 (H.B. 3361), Sec. 1, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(c)(7), eff. January 1, 2022.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 10.004, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter G. Miscellaneous Provisions › Section 51.602. Compensation of Certain Clerks

Sec. 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, 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 G. Miscellaneous Provisions › Section 51.605. Continuing Education

Sec. 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 before the first anniversary of the date the clerk assumes those duties.
(c)  After the first anniversary of the date a clerk assumes the duties of office, the clerk must each calendar year complete 20 hours of continuing education courses.
(d)  A clerk may carry over from the current calendar year to the following calendar year not more than 10 hours of completed continuing education courses that exceed the number of hours of completed continuing education courses required under Subsection (c).
(e)  As part of the 20 hours of initial instruction and of continuing education courses prescribed under this section, a district clerk must complete one hour of instruction on impaneling petit and grand juries.
Added by Acts 1987, 70th Leg., ch. 345, Sec. 1, eff. Jan. 1, 1988.  Renumbered from Sec. 51.604 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(23), eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 189, Sec. 13, eff. May 21, 1997;  Acts 1997, 75th Leg., ch. 505, Sec. 23, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 976, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 154, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1022 (H.B. 2717), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 710 (H.B. 3314), Sec. 1, eff. June 14, 2013.
Acts 2021, 87th Leg., R.S., Ch. 25 (H.B. 1831), Sec. 1, eff. May 15, 2021.
Acts 2023, 88th Leg., R.S., Ch. 476 (H.B. 616), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter G. Miscellaneous Provisions › Section 51.606. Prohibited Fees

Sec. 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, Sec. 10, eff. Sept. 1, 1993.
Sec. 51.607.  IMPLEMENTATION OF NEW OR AMENDED COURT COSTS AND FEES.  (a)  Following each regular session of the legislature, the Office of Court Administration of the Texas Judicial System 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 Office of Court Administration of the Texas Judicial System 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 office 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)  Except as provided by Subsection (d) and 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)  Subsection (c) does not apply to a court cost or fee if the law imposing or changing the amount of the cost or fee takes effect on or after the January 1 following the regular session of the legislature at which the law was enacted.
Added by Acts 2003, 78th Leg., ch. 209, Sec. 81(a), eff. Sept. 1, 2003 and Acts 2003, 78th Leg., ch. 823, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 417 (S.B. 390), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 9.02(a), eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.14, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 919 (S.B. 1923), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter G. Miscellaneous Provisions › Section 51.608. Imposition of Court Costs in Criminal Proceedings

Sec. 51.608.  IMPOSITION OF COURT COSTS IN CRIMINAL PROCEEDINGS.  Notwithstanding any other law that establishes the amount of a court cost collected by the clerk of a district, county, or statutory county court from a defendant in a criminal proceeding based on the law in effect on the date the offense was committed, the amount of a court cost imposed on the defendant in a criminal proceeding must be the amount established under the law in effect on the date the defendant is convicted of the offense.
Added by Acts 2013, 83rd Leg., R.S., Ch. 744 (S.B. 389), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter G. Miscellaneous Provisions › Section 51.609. Immunity From Liability for Disclosure or Release of Court Documents

Sec. 51.609.  IMMUNITY FROM LIABILITY FOR DISCLOSURE OR RELEASE OF COURT DOCUMENTS.  (a)  In this section:
(1)  "Court clerk" means the clerk of the supreme court or the court of criminal appeals or the clerk of a court of appeals district court, county court, statutory county court, statutory probate court, justice court, or municipal court.
(2)  "State court document database" means a database accessible by the public and established or authorized by the supreme court for storing documents filed with a court in this state.
(b)  A court clerk is not responsible for the management or removal of a document from a state court document database and is not liable for damages resulting from the release of a document in the database if the clerk in good faith performs the duties as clerk as provided by law and the Texas Rules of Civil Procedure.
(c)  If a court clerk in good faith performs the duties as a clerk as provided by law and the Texas Rules of Civil Procedure, the clerk, the county in which the court is located, and the commissioners court of the county in which the court is located are immune from suit and from liability for the release or disclosure of information that is confidential or otherwise prohibited from disclosure by law, rule, or court order and that is accessed from a state court document database.
(d)  A court clerk is not liable for the release of a sealed or confidential document in the clerk's custody unless the clerk acted intentionally, or with malice, reckless disregard, or gross negligence in the release of the document.
Added by Acts 2019, 86th Leg., R.S., Ch. 1040 (H.B. 685), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter G. Miscellaneous Provisions › Section 51.610. Uncollectible Fees

Sec. 51.610.  UNCOLLECTIBLE FEES.  (a)  The clerk may request the court in which a court cost or fee was imposed on a party in a civil case to make a finding that the cost or fee is uncollectible if the cost or fee has been unpaid for at least 15 years.
(b)  On a finding by a court that a court cost or fee imposed on a party in a civil case is uncollectible, the court may order the clerk to designate the cost or fee as uncollectible in the fee record.  The clerk shall attach a copy of the court's order to the fee record.
(c)  This section does not apply to a court cost or fee imposed by the supreme court, the court of criminal appeals, or a court of appeals.
Added by Acts 2019, 86th Leg., R.S., Ch. 121 (H.B. 435), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 51.609 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(11), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter I. Electronic Filing of Certain Documents › Section 51.801. Definition

Sec. 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, Sec. 2.67(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter I. Electronic Filing of Certain Documents › Section 51.802. Place of Filing

Sec. 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, Sec. 2.67(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter I. Electronic Filing of Certain Documents › Section 51.803. Supreme Court Regulation and Approval

Sec. 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, Sec. 2.67(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter I. Electronic Filing of Certain Documents › Section 51.804. Completion of Electronic Filing

Sec. 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, Sec. 2.67(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter I. Electronic Filing of Certain Documents › Section 51.805. Transmission or Distribution of Data

Sec. 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, Sec. 2.67(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 51 - Clerks › Subchapter I. Electronic Filing of Certain Documents › Section 51.806. Signature on Original

Sec. 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, Sec. 2.67(a), eff. Sept. 1, 1987.