This section requires court clerks to transfer specified papers and records when a case moves between certain courts, and the transferee court must accept and docket the case.
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.