87R4616 TSS-F     By: Creighton S.B. No. 2027       A BILL TO BE ENTITLED   AN ACT   relating to the procedure for transferring certain cases and   proceedings between courts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 155.207, Family Code, is amended to read   as follows:          Sec. 155.207.  TRANSFER OF COURT FILES. (a)  Not later than   the 10th working day after the date an order of transfer is signed,   the clerk of the court transferring a proceeding shall send, using   the electronic filing system established under Section 72.031,   Government Code, to the proper court in the county to which transfer   is being made:                (1)  a transfer certificate and index of transferred   documents [the pleadings in the pending proceeding and any other   document specifically requested by a party];                (2)  [certified copies of all entries in the minutes;                [(3)  a certified copy of each final order; and                [(4)]  a [certified] copy of the order of transfer   signed by the transferring court; and                (3)  a copy of all documents required to be transferred   under rules adopted by the Office of Court Administration of the   Texas Judicial System under Section 72.037, Government Code.          (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, Government Code, when   transferring a proceeding under this section.          (b)  The clerk of the transferring court shall keep a copy of   [the] transferred pleadings [and other requested documents.  If the   transferring court retains jurisdiction of another child who was   the subject of the suit, the clerk shall send a copy of the   pleadings and other requested documents to the court to which the   transfer is made and shall keep the original pleadings and other   requested documents].          (c)  The [On receipt of the pleadings, documents, and orders   from the transferring court, the] clerk of the transferee court   shall:                (1)  accept documents transferred under Subsection   (a);                (2)  docket the suit; and                (3)  [shall] notify, using the electronic filing system   established under Section 72.031, Government Code [the judge of the   transferee court], all parties, the clerk of the transferring   court, and, if appropriate, the transferring court's local registry   that the suit has been docketed.          (c-1)  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).          (d)  The clerk of the transferring court shall send a   certified copy of the order directing payments to the transferee   court:                (1)  [,] to any party [or employer] affected by the   [that] order, and, if appropriate, to the local registry of the   transferee court using the electronic filing system established   under Section 72.031, Government Code; and                (2)  to an employer affected by the order   electronically or by first class mail.          (e)  The clerks of both the transferee and transferring   courts may each produce under Chapter 51, Government Code,   certified or uncertified copies of documents filed in a case   transferred under this section, but shall also include a copy of the   transfer certificate and index of transferred documents with each   document produced.          (f)  Sections 80.001 and 80.002, Government Code, do not   apply to the transfer of documents under this section.          SECTION 2.  Section 51.3071, Government Code, is amended to   read as follows:          Sec. 51.3071.  TRANSFER OF CASES.  (a) If a case is   transferred from a district court to a county court, the clerk of   the district court shall [may] send to the county clerk using the   electronic filing system established under Section 72.031 [in   electronic or paper form]:                (1)  a transfer certificate and index of transferred   documents [certified transcript of the proceedings held in the   district court];                (2)  a copy of the order of transfer signed by the   transferring court [the original papers filed in the district   court]; and                (3)  a copy of all documents required to be transferred   under rules adopted by the Office of Court Administration of the   Texas Judicial System under Section 72.037 [a bill of the costs that   have accrued in the district 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.          SECTION 3.  Section 51.403, Government Code, is amended to   read as follows:          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 using the   electronic filing system established under Section 72.031 [in   electronic or paper form]:                (1)  a transfer certificate and index of transferred   documents [certified transcript of the proceedings held in the   county court];                (2)  a copy of the order of transfer signed by the   transferring court [the original papers filed in the county court];   and                (3)  a copy of all documents required to be transferred   under rules adopted by the Office of Court Administration of the   Texas Judicial System under Section 72.037 [a bill of the costs that   have accrued in the county 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 [, in electronic or paper form,] 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.          SECTION 4.  Subchapter C, Chapter 72, Government Code, is   amended by adding Section 72.037 to read as follows:          Sec. 72.037.  PROCEDURE FOR TRANSFER OF CASES AND   PROCEEDINGS. (a)  The office shall adopt rules prescribing the   documents to be transferred between courts when a transfer of a case   or proceeding is ordered under Section 155.207, Family Code, or   Section 51.3071 or 51.403 of this code.          (b)  Rules adopted under this section must require the   transfer of the following documents relating to a transferred case   or proceeding:                (1)  a copy of the original papers filed in the   transferring court;                (2)  a copy of each final order;                (3)  a copy of the transfer certificate and index of   transferred documents from each previous transfer; and                (4)  a bill of any costs that have accrued in the   transferring court.          (c)  The office shall develop and make available a   standardized transfer certificate and index of transferred   documents form to be used for the transfer of cases and proceedings   under Section 155.207, Family Code, and Sections 51.3071 and 51.403   of this code.          (d)  In adopting rules and developing forms under this   section, the office shall consult with representatives of county   and district clerks.          SECTION 5.  As soon as practicable after the effective date   of this Act, the Office of Court Administration of the Texas   Judicial System shall adopt rules and develop and make available   all forms and materials required by Section 72.037, Government   Code, as added by this Act.          SECTION 6.  This Act takes effect September 1, 2021.