CHAPTER 51. CLERKS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS
CHAPTER 51. CLERKS
SUBCHAPTER A. CLERK OF SUPREME COURT
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(c) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(6).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.
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.
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.
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.
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, Sec. 2(a), eff. June 19, 2009.
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, Sec. 2(a), eff. June 19, 2009.
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 writ of error
$ 50
(2) additional fee if application for writ of error is granted
$ 75
(3) motion for leave to file petition for writ of mandamus,
prohibition, injunction, and other similar proceedings
originating in the supreme court
$ 50
(4) additional fee if a motion under Subdivision (3) is granted
$ 75
(5) certified question from a court of appeals to the supreme
court
$ 75
(6) case appealed to the supreme court from the district court
by direct appeal
$100
(7) any other proceeding filed in the supreme court
$ 75.
(c) In addition, the clerk of the supreme court shall collect:
(1) a fee of $5 for administering an oath and giving a sealed
certificate of the oath;
(2) a minimum fee of $5, or 50 cents per page if more than 10
pages, for making copies of any papers of record in offices,
including certificate and seal; and
(3) a reasonable fee fixed by the order or rule of the supreme
court for any official service performed by the clerk for which a
fee is not otherwise provided by this section.
(d) The clerk shall collect and pay into the state treasury the
fees and costs received under this section by the clerk under
rules prescribed by the comptroller of public accounts, approved
by the justices of the supreme court, and recorded in the minutes
of the court. The comptroller shall deposit the fees and costs in
the judicial fund.
(e) The supreme court shall provide by order or rule for the
making of deposits to cover the costs provided by this section in
cases before the court. A deposit may not be required in a case
in which the petitioner, relator, or appellant in the supreme
court is exempt from the bond requirement.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec. 3, eff.
Sept. 22, 1986.
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, Sec. 1, eff. September 1, 2007.
Sec. 51.006. FEE FOR ATTORNEY'S LICENSE OR CERTIFICATE. The
clerk shall collect a fee of $10 for the issuance of an
attorney's license or certificate affixed with a seal. The fee
shall be held by the clerk and expended by the supreme court or
under the direction of the court for the preparation and
issuance, including mailing, of the license or certificate.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
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.
SUBCHAPTER B. CLERK OF COURT OF CRIMINAL APPEALS
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.
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.
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.
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.
Sec. 51.1045. ELECTRONIC DOCUMENTS AND DIGITAL MULTIMEDIA
EVIDENCE. (a) In this section, "digital multimedia evidence"
has the meaning assigned by Article 2.21, 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, Sec. 3, eff. June 19, 2009.
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, Sec. 4, eff. June 19, 2009.
SUBCHAPTER C. CLERKS OF COURTS OF APPEALS
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, Sec. 7.001, eff. September 1, 2007.
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.
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.
Sec. 51.204. RECORDS OF COURT. (a) The clerk of a court of
appeals shall:
(1) file and carefully preserve records certified to the court
and papers relative to the record;
(2) docket causes in the order in which they are filed;
(3) record the proceedings of the court except opinions and
orders on motions; and
(4) certify the judgments of the court to the proper courts.
(b) On the issuance of the mandate in each case, the clerk shall
notify the attorneys of record in the case that:
(1) exhibits submitted to the court by a party may be withdrawn
by that party or the party's attorney of record; and
(2) exhibits on file with the court will be destroyed three
years after final disposition of the case or at an earlier date
if ordered by the court.
(c) Not sooner than the 60th day and not later than the 90th day
after the date of final disposition of a criminal case, the clerk
shall remove and destroy all duplicate papers in the file on
record of that case.
(d) Six years after the final disposition of a civil case in the
court, the clerk shall, not sooner than the 90th day after the
date the clerk provides notice to the district or county clerk,
destroy all records filed in the court related to the case
except:
(1) records that the clerk of the trial court requests be
returned to the trial court for preservation in accordance with
records retention schedules for records of district and county
clerks issued under Section 441.158 and applicable rules of the
supreme court;
(2) records that, in the opinion of the clerk or other person
designated by the court, contain highly concentrated, unique, and
valuable information unlikely to be found in any other source
available to researchers;
(3) indexes, original opinions, minutes, and general court
dockets unless the documents are microfilmed in accordance with
this section for permanent retention, in which case the original
document shall be destroyed; and
(4) other records of the court determined to be archival state
records under Section 441.186.
(e) Twenty-five years after the final disposition of a criminal
case to which this subsection applies, the clerk shall destroy
all records relating to the case, other than a record described
by Subsection (d)(2), (3), or (4). This subsection applies to a
criminal case in which the sentence, suspended sentence, term of
community supervision, combined sentence and term of community
supervision, cumulative sentences or terms of community
supervision, or the longest sentence or term of community
supervision of two or more sentences or terms of community
supervision to be served concurrently is 20 years or less.
(f) The clerk shall retain other records of the court, such as
financial records, administrative correspondence, and other
materials not related to particular cases in accordance with
Section 441.185.
(g) Before microfilming records, the clerk must submit a plan in
writing to the justices of a court of appeals for that purpose.
If a majority of the justices of a court of appeals determines
that the plan meets the requirements of Section 441.188, rules
adopted under that section, and any additional standards and
procedures the justices may require, the justices shall inform
the clerk in writing and the clerk may adopt the plan. The
decision of the justices must be entered in the minutes of the
court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 873, Sec. 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 408, Sec. 1, eff. Sept. 1, 1999.
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, Sec. 5, eff. June 19, 2009.
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.
Sec. 51.207. FEES AND COSTS. (a) The clerk of a court of
appeals shall collect the fees described in Subsection (b) in a
civil case before the court for the following services:
(1) filing records, applications, motions, briefs, and other
necessary and proper papers;
(2) docketing and making docket and minute book entries;
(3) issuing notices, citations, processes, and mandates;
(4) preparing transcripts on application for writ of error to
the supreme court; and
(5) performing other necessary clerical duties.
(b) The fees are:
(1) for cases appealed to and filed in the court of appeals from
the district and county courts within its court of appeals
district
$100
(2) motion for leave to file petition for writ of mandamus,
prohibition, injunction, and other similar proceedings
originating in the court of appeals
$ 50
(3) additional fee if the motion under Subdivision (2) is
granted
$ 75
(4) motion to file or to extend time to file record on appeal
from district or county court
$ 10
(c) In addition, the clerk of a court of appeals shall collect:
(1) a fee of $5 for administering an oath and giving a sealed
certificate of the oath;
(2) a fee of $5, or $1 per page if more than five pages, for a
certified copy of any papers of record in the court offices,
including certificate and seal;
(3) a fee of $5, or $1 per page if more than five pages, for
comparing any document with the original filed in the offices of
the court for purposes of certification; and
(4) a reasonable fee fixed by the order or rule of the supreme
court for any official service performed by the clerk for which a
fee is not otherwise provided by this section.
(d) The supreme court shall provide by order or rule for the
making of deposits to cover the costs provided by this section in
cases before a court of appeals. A deposit may not be required in
a case in which the petitioner, relator, appellant, or movant in
the court of appeals is exempt from the bond requirement.
(e) The clerk of a court of appeals shall pay into the state
treasury the fees and costs under rules prescribed by the
comptroller of public accounts and approved by the justices of
the clerk's court. The clerk shall make a sworn report to the
court not later than January 10 and July 10 of each year
regarding the amount of costs collected in the previous six
months, the cases in which the costs were collected, and the
disposition of the costs. This report shall be filed with the
financial records of the court.
(f) Repealed by Acts 1987, 70th Leg., ch. 148, Sec. 2.66, eff.
Sept. 1, 1987.
(g) One-half of the fees collected under this section shall be
deposited to the credit of the judicial fund.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec. 4, eff.
Sept. 22, 1986; Acts 1987, 70th Leg., ch. 148, Sec. 1.62, 2.66,
eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1080, Sec. 1, eff.
Sept. 1, 1997.
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, Sec. 2, eff. September 1, 2007.
SUBCHAPTER D. DISTRICT CLERKS
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, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
25, Sec. 2, eff. September 1, 2007.
Sec. 51.302. BOND; OATH; INSURANCE. (a) Except as provided by
Subsection (g), before beginning the duties of office, each
district clerk must give a bond with two or more sufficient
sureties or with a surety company authorized to do business in
this state as a surety. The bond must:
(1) be payable to the governor;
(2) be conditioned on the faithful performance of the duties of
the office;
(3) be approved by the commissioners court; and
(4) be in an amount equal to not less than 20 percent of the
maximum amount of fees collected in any year during the term of
office immediately preceding the term of office for which the
bond is given, except that the bond may not be in an amount less
than $5,000 nor more than $100,000.
(b) The district clerk must take and sign the oath prescribed
for officers of this state, which must be endorsed on the bond,
if a bond is required, and the bond and oath, or oath, must be
filed and recorded in the office of the county clerk.
(c) Each district clerk shall obtain an insurance policy or
similar coverage from a governmental pool operating under Chapter
119, Local Government Code, or from a self-insurance fund or risk
retention group created by one or more governmental units under
Chapter 1084, Acts of the 70th Legislature, Regular Session, 1987
(Article 715c, Vernon's Texas Civil Statutes), to cover the
district clerk and any deputy clerk against liabilities incurred
through errors or omissions in the performance of official
duties. The amount of the policy or other coverage document must
be equal to the maximum amount of fees collected in any year
during the term of office immediately preceding the term for
which the insurance is obtained, except that the amount of the
policy or other coverage document must be at least $20,000 but
not more than $700,000. If the policy or other coverage document
provides coverage for other county officials, the amount of the
policy must be at least $1 million.
(d) Each district clerk shall obtain an insurance policy or
similar coverage from a governmental pool operating under Chapter
119, Local Government Code, or from a self-insurance fund or risk
retention group created by one or more governmental units under
Chapter 1084, Acts of the 70th Legislature, Regular Session, 1987
(Article 715c, Vernon's Texas Civil Statutes), to cover losses
from burglary, theft, robbery, counterfeit currency, or
destruction. The amount of the policy or other coverage document
must be at least $20,000 but not more than $700,000.
(e) The commissioners court may establish a contingency fund to
provide the coverage required by Subsection (c) or (d) if it is
determined by the district clerk that insurance coverage is
unavailable at a reasonable cost. The commissioners court may set
an additional filing fee in an amount not to exceed $5 for each
suit filed to be collected by the district clerk. The fee shall
be paid into the fund. When the contingency fund reaches an
amount equal to that required by Subsection (c) or (d), the clerk
shall stop collecting the additional fee.
(f) The commissioners court shall pay the premiums on the bonds
and insurance policies or other similar coverage required under
this section from the county general fund.
(g) In lieu of the bond required by Subsection (a), the county
may self-insure against losses that would have been covered by
the bond.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 71, Sec. 3, 4, eff. May 7,
1987; Acts 1993, 73rd Leg., ch. 561, Sec. 2, eff. Aug. 30, 1993;
Acts 1999, 76th Leg., ch. 1062, Sec. 1, eff. June 18, 1999.
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.
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.
(b) To recover the costs of taking passport photographs, a
district clerk may collect a reasonable fee in an amount set by
the commissioners court of the county in which the district
clerk's office is located.
(c) A district clerk, after collecting a fee under Subsection
(b), shall pay the fee to the county treasurer, or to an official
who discharges the duties of the county treasurer, for deposit in
the general fund of the county.
Added by Acts 1999, 76th Leg., ch. 179, Sec. 1, eff. May 21,
1999.
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.
Sec. 51.305. DISTRICT COURT RECORDS TECHNOLOGY FUND. (a) In
this section:
(1) "Court document" means any instrument, document, paper, or
other record that the district clerk is authorized to accept for
filing or maintenance.
(2) "Deterioration" means any naturally occurring process or a
natural disaster that results in the destruction or partial
destruction of a court document.
(3) "Preservation" means any process that:
(A) suspends or reduces the deterioration of a court document;
or
(B) provides public access to a court document in a manner that
reduces the risk of deterioration.
(4) "Restoration" means any process that permits the visual
enhancement of a court document, including making the document
more legible.
(b) The commissioners court of a county may adopt a district
court records archive fee of not more than $5 for the filing of a
suit, including an appeal from an inferior court, or a
cross-action, counterclaim, intervention, contempt action, motion
for new trial, or third-party petition, in a district court in
the county as part of the county's annual budget. The fee must
be set and itemized in the county's budget as part of the budget
preparation process and must be approved in a public meeting.
The fee is for preservation and restoration services performed in
connection with maintaining a district court records archive.
(c) The county treasurer, or the official who discharges the
duties commonly delegated to the county treasurer, in a county
that adopts a fee under Subsection (b) shall establish a district
court records technology fund in the general fund of the county
for deposit of fees paid under Section 51.317(f).
(d) Subject to Subsection (f), money generated from the fee
imposed under this section may be expended only for the
preservation and restoration of the district court records
archive.
(e) The district clerk shall designate the court documents that
are part of the records archive for purposes of this section.
The designation of court documents by the district clerk under
this subsection is subject to approval by the commissioners court
in a public meeting.
(f) The district clerk in a county that adopts a fee under this
section shall prepare an annual written plan for the preservation
and restoration of the district court records archive. The plan
may include a proposal for entering into a contract with another
person for preservation and restoration services. The
commissioners court shall publish notice of a public hearing on
the plan in a newspaper of general circulation in the county not
later than the 15th day before the date of the hearing. After
the public hearing, the plan shall be considered for approval by
the commissioners court. Money in the district court records
technology fund may be expended only as provided by the plan.
All expenditures from the records technology fund must comply
with Subchapter C, Chapter 262, Local Government Code.
(g) If a county imposes a fee under this section, a notice shall
be posted in a conspicuous place in the district clerk's office.
The notice must state the amount of the fee in the following
form: "THE COMMISSIONERS COURT OF _______________ (Insert name
of county) COUNTY HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF
$________ (Insert amount adopted by commissioners court) IS
NEEDED TO PRESERVE AND RESTORE DISTRICT COURT RECORDS."
(h) Money remaining from the collection of fees imposed under
this section after completion of a district court records archive
preservation and restoration project may be expended for records
management and preservation purposes in the manner provided by
Section 51.317(d). The commissioners court of a county may not
impose a fee under this section after the district court records
archive preservation and restoration project is complete.
Added by Acts 2009, 81st Leg., R.S., Ch.
822, Sec. 1, eff. June 19, 2009.
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.
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.
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.
Sec. 51.309. DEPUTY CLERK. (a) The district clerk may appoint
deputy clerks. Each appointment must be in writing under the hand
and seal of the district court and must be recorded in the office
of the county clerk. A deputy clerk must take the oath prescribed
for officers of this state. A deputy clerk may perform in the
name of the district clerk all official acts of the office of
district clerk.
(b) Except as provided by Subsection (c), the district clerk
shall obtain a surety bond to cover a deputy clerk or a schedule
surety bond or a blanket surety bond to cover more than one
deputy and all employees of the office. A deputy clerk and an
employee must be covered on the same conditions and in the same
amount as the district clerk. The bond covering the deputies and
employees shall be made payable to the governor for the use and
benefit of the district clerk.
(c) In lieu of the bond required by Subsection (b), the county
may self-insure against losses that would have been covered by
the bond.
Acts 1985, 69th Leg., ch. 480, 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.
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.
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.
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.
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.
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.
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.
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.
Sec. 51.317. FEES DUE AT FILING. (a) The district clerk shall
collect at the time the suit or action is filed the fees provided
by Subsections (b) and (b-1) for services performed by the clerk.
(b) The fees are:
(1) except as provided by Subsection (b-1), for filing a suit,
including an appeal from an inferior court, $50;
(2) for filing a cross-action, counterclaim, intervention,
contempt action, motion for new trial, or third-party petition,
$15;
(3) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed, $8;
(4) for records management and preservation, $10; and
(5) in addition to the other fees imposed under this section,
for filing a suit, including an appeal from an inferior court, or
a cross-action, counterclaim, intervention, contempt action,
motion for new trial, or third-party petition, the amount adopted
by the county commissioners court, not to exceed $5, for court
records archiving.
(b-1) The fees for filing a suit, including an appeal from an
inferior court, are:
(1) $75, for a suit with at least 11 but not more than 25
plaintiffs;
(2) $100, for a suit with at least 26 but not more than 100
plaintiffs;
(3) $125, for a suit with at least 101 but not more than 500
plaintiffs;
(4) $150, for a suit with at least 501 but not more than 1,000
plaintiffs; and
(5) $200, for a suit with more than 1,000 plaintiffs.
(b-2) The fee imposed under Subsection (b)(5) does not apply to
a filing by a state agency.
(c) The district clerk, after collecting a fee under Subsection
(b)(4), shall pay the fee to the county treasurer, or to an
official who discharges the duties commonly delegated to the
county treasurer, for deposit as follows:
(1) $5 to the county records management and preservation fund
for records management and preservation, including automation, in
various county offices; and
(2) $5 to the district clerk records management and preservation
fund for records management and preservation services performed
by the district clerk when a case or document is filed in the
records office of the district clerk.
(d) A fee deposited in accordance with Subsection (c) may be
used only to provide funds for specific records management and
preservation, including for automation purposes, on approval by
the commissioners court of a budget as provided by Chapter 111,
Local Government Code.
(e) An expenditure from a records management and preservation
fund must comply with Subchapter C, Chapter 262, Local Government
Code.
(f) The district clerk, after collecting a fee under Subsection
(b)(5), shall pay the fee to the county treasurer, or to an
official who discharges the duties commonly delegated to the
county treasurer, for deposit to the district court records
technology fund established under Section 51.305.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1986, 69th Leg., 2nd C.S., ch. 11, Sec. 5, eff.
Sept. 22, 1986; Acts 1991, 72nd Leg., ch. 186, Sec. 1, eff. Sept.
1, 1991; Acts 1993, 73rd Leg., ch. 675, Sec. 5, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 641, Sec. 1.01, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 976, Sec. 1, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1080, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
804, Sec. 3, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch.
822, Sec. 2, eff. June 19, 2009.
Sec. 51.318. FEES DUE WHEN SERVICE PERFORMED OR REQUESTED. (a)
In addition to a fee under Section 51.317 the district clerk
shall collect at the time the service is performed or at the time
the service is requested the fees provided by Subsection (b) for
services performed by the clerk.
(b) The fees are:
(1) for issuing a subpoena, including one copy
$8
(2) for issuing a citation, commission for deposition, writ of
execution, order of sale, writ of execution and order of sale,
writ of injunction, writ of garnishment, writ of attachment, or
writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law
$8
(3) for searching files or records to locate a cause when the
docket number is not provided
$5
(4) for searching files or records to ascertain the existence of
an instrument or record in the district clerk's office
$5
(5) for abstracting a judgment
$8
(6) for approving a bond
$4
(7) for a certified copy of a record, judgment, order, pleading,
or paper on file or of record in the district clerk's office,
including certificate and seal, for each page or part of a page
$1
(8) for a noncertified copy, for each page or part of a page
not to exceed $1.
(c) The fee is the obligation of the party to the suit or action
initiating the request.
(d) The district clerk may accept a bond as security for a fee
imposed under this section.
(e) The district clerk may not charge the United States
Immigration and Naturalization Service a fee for a copy of any
document on file or of record in the clerk's office relating to
an individual's criminal history, regardless of whether the
document is certified.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 186, Sec. 2, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 465, Sec. 1, eff. Aug. 30, 1993;
Acts 1995, 74th Leg., ch. 641, Sec. 1.02, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 976, Sec. 2, eff. Sept. 1, 1997.
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; and
(3) for performing any other service prescribed or authorized by
law for which no fee is set by law, a reasonable fee.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 641, Sec. 1.03, eff. Sept.
1, 1995.
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.
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.
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.
SUBCHAPTER E. COUNTY CLERKS
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.
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.
Sec. 51.403. TRANSFER OF CASES. (a) If a case is transferred
from a county court to a district court, the clerk of the county
court shall send to the district clerk:
(1) a certified transcript of the proceedings held in the county
court;
(2) the original papers filed in the county court; and
(3) a bill of the costs that have accrued in the county court.
(b) If civil or criminal jurisdiction of a county court is
transferred to a district court, the clerk of the county court
shall send a certified copy of the judgments rendered in the
county court that remain unsatisfied to the district clerks of
the appropriate counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
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.
SUBCHAPTER F. 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
6,000 to 6,125 shall determine whether the county shall have a
joint clerk but may not take action to prevent a district clerk,
county clerk, or joint clerk from serving the full term of office
to which the clerk was elected.
Acts 1985, 69th Leg., ch. 480, 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.
Sec. 51.502. SEAL. A joint clerk performing the duties of the
district clerk and th