Sec. 72.031. ELECTRONIC FILING SYSTEM. (a) In this section:
(1) "Appellate court" means the supreme court, the court of criminal appeals, or a court of appeals.
(2) "Electronic filing system" means the filing system established by supreme court rule or order for the electronic filing of documents in courts of this state.
(3) "Electronic filing transaction" means the simultaneous electronic filing of one or more documents related to a proceeding before a court in this state.
(4) "Local government" means a county or municipality.
(b) The office as authorized by supreme court rule or order may implement an electronic filing system for use in the courts of this state.
(c) A local government or appellate court that uses the electronic filing system may charge a fee of $2 for each electronic filing transaction if:
(1) the fee is necessary to recover the actual system operating costs reasonably incurred by the local government or appellate court to:
(A) accept electronic payment methods; or
(B) interface with other technology information systems;
(2) the fee does not include an amount to recover local government or appellate court employee costs, other than costs for directly maintaining the system;
(3) the governing body of the local government or the appellate court approves the fee using the local government or appellate court's standard approval process for fee increases; and
(4) the local government or appellate court annually certifies to the office on a form prescribed by the office that the amount of the fee is necessary to recover the actual system operating costs incurred by the local government or appellate court.
(c-1) This subsection and Subsection (c) expire September 1, 2019.
(d) A local government or appellate court that uses the electronic filing system may accept electronic payment methods, including payments made with credit and debit cards.
(e) A governmental entity not otherwise required to pay a filing fee under any other law may not be required to pay a fee established under this section.
(f) A court shall waive payment of any fee due under this section for an individual the court determines is indigent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1290 (H.B. 2302), Sec. 3, eff. September 1, 2013.
Last modified: September 28, 2016