H.B. No. 144
AN ACT
relating to an additional filing fee for civil cases filed in Bexar
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 51, Government Code, is
amended by adding Section 51.706 to read as follows:
Sec. 51.706. ADDITIONAL FILING FEE FOR CIVIL CASES IN BEXAR
COUNTY. (a) This section applies only to district courts,
statutory probate courts, and county courts at law in Bexar County.
(b) Except as otherwise provided by this section and in
addition to all other fees authorized or required by other law, the
clerk of a court shall collect a filing fee of not more than $15 in
each civil case filed in the court to be used for the construction,
renovation, or improvement of the facilities that house the Bexar
County civil and criminal courts. The fee does not apply to a suit
affecting the parent-child relationship for the adoption of a child
or the termination of parental rights.
(c) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(d) The clerk at least monthly shall send the fees collected
under this section to the county treasurer or to any other official
who discharges the duties commonly assigned to the county
treasurer. The treasurer or other official shall deposit the fees
in a special account in the county treasury dedicated to the
construction, renovation, or improvement of the facilities that
house the Bexar County civil and criminal courts.
(e) This section applies only to the collection of fees for
a 12-month period beginning October 1, if the commissioners court:
(1) adopts a resolution authorizing a fee of not more
than $15;
(2) adopts a resolution requiring the county to spend
one dollar for the construction, renovation, or improvement of the
court facilities for each dollar spent from the special account
dedicated to that purpose; and
(3) files the resolutions with the county treasurer or
with any other official who discharges the duties commonly assigned
to the county treasurer not later than September 1 immediately
preceding the first 12-month period during which the fees are to be
collected.
(f) A resolution adopted under Subsection (e) continues
from year to year until October 1, 2024, allowing the county to
collect fees in accordance with this section until the resolution
is rescinded.
(g) The commissioners court may rescind a resolution
adopted under Subsection (e) by adopting a resolution rescinding
the resolution and submitting the rescission resolution to the
county treasurer or to any other official who discharges the duties
commonly assigned to the county treasurer not later than September
1 preceding the beginning of the first day of the county fiscal
year. The commissioners court may adopt another resolution in the
manner provided by Subsection (e) after rescinding a previous
resolution adopted under that subsection.
(h) A fee established under a particular resolution is
abolished on the earlier of:
(1) the date a resolution adopted under Subsection (e)
is rescinded as provided by Subsection (g); or
(2) October 1, 2024.
(i) The county may make the expenditure required under
Subsection (e)(2) at any time, regardless of when the expenditure
from the special account occurs.
SECTION 2. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06111 to read as follows:
Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court in Bexar County shall collect
an additional filing fee not to exceed $15 under Section 51.706,
Government Code, in certain civil cases to fund the improvement of
court facilities, if authorized by the county commissioners court.
SECTION 3. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08111 to read as follows:
Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court in Bexar
County shall collect an additional filing fee not to exceed $15
under Section 51.706, Government Code, in certain civil cases to
fund the improvement of court facilities, if authorized by the
county commissioners court.
SECTION 4. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.10111 to read as follows:
Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court in Bexar
County shall collect an additional filing fee not to exceed $15
under Section 51.706, Government Code, in certain civil cases to
fund the improvement of court facilities, if authorized by the
county commissioners court.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 144 was passed by the House on April
28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 144 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor