Texas 2009 - 81st Regular

Texas House Bill HB144 Compare Versions

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1	1	81R2231 YDB-D
2	2	By: McClendon H.B. No. 144
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an additional filing fee for civil cases filed in Bexar
8	8	County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter H, Chapter 51, Government Code, is
11	11	amended by adding Section 51.706 to read as follows:
12	12	Sec. 51.706. ADDITIONAL FILING FEE FOR CIVIL CASES IN BEXAR
13	13	COUNTY. (a) This section applies only to district courts,
14	14	statutory probate courts, and county courts at law in Bexar County.
15	15	(b) Except as otherwise provided by this section and in
16	16	addition to all other fees authorized or required by other law, the
17	17	clerk of a court shall collect a filing fee of not more than $15 in
18	18	each civil case filed in the court to be used for the construction,
19	19	renovation, or improvement of the facilities that house the Bexar
20	20	County civil and criminal courts. The fee does not apply to a suit
21	21	affecting the parent-child relationship for the adoption of a child
22	22	or the termination of parental rights.
23	23	(c) Court fees due under this section shall be collected in
24	24	the same manner as other fees, fines, or costs are collected in the
25	25	case.
26	26	(d) The clerk at least monthly shall send the fees collected
27	27	under this section to the county treasurer or to any other official
28	28	who discharges the duties commonly assigned to the county
29	29	treasurer. The treasurer or other official shall deposit the fees
30	30	in a special account in the county treasury dedicated to the
31	31	construction, renovation, or improvement of the facilities that
32	32	house the Bexar County civil and criminal courts.
33	33	(e) This section applies only to the collection of fees for
34	34	a 12-month period beginning October 1, if the commissioners court:
35	35	(1) adopts a resolution authorizing a fee of not more
36	36	than $15;
37	37	(2) adopts a resolution requiring the county to spend
38	38	one dollar for the construction, renovation, or improvement of the
39	39	court facilities for each dollar spent from the special account
40	40	dedicated to that purpose; and
41	41	(3) files the resolutions with the county treasurer or
42	42	with any other official who discharges the duties commonly assigned
43	43	to the county treasurer not later than September 1 immediately
44	44	preceding the first 12-month period during which the fees are to be
45	45	collected.
46	46	(f) A resolution adopted under Subsection (e) continues
47	47	from year to year until October 1, 2024, allowing the county to
48	48	collect fees in accordance with this section until the resolution
49	49	is rescinded.
50	50	(g) The commissioners court may rescind a resolution
51	51	adopted under Subsection (e) by adopting a resolution rescinding
52	52	the resolution and submitting the rescission resolution to the
53	53	county treasurer or to any other official who discharges the duties
54	54	commonly assigned to the county treasurer not later than September
55	55	1 preceding the beginning of the first day of the county fiscal
56	56	year. The commissioners court may adopt another resolution in the
57	57	manner provided by Subsection (e) after rescinding a previous
58	58	resolution adopted under that subsection.
59	59	(h) A fee established under a particular resolution is
60	60	abolished on the earlier of:
61	61	(1) the date a resolution adopted under Subsection (e)
62	62	is rescinded as provided by Subsection (g); or
63	63	(2) October 1, 2024.
64	64	(i) The county may make the expenditure required under
65	65	Subsection (e)(2) at any time, regardless of when the expenditure
66	66	from the special account occurs.
67	67	SECTION 2. Subchapter D, Chapter 101, Government Code, is
68	68	amended by adding Section 101.06111 to read as follows:
69	69	Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
70	70	CODE. The clerk of a district court in Bexar County shall collect
71	71	an additional filing fee not to exceed $15 under Section 51.706,
72	72	Government Code, in certain civil cases to fund the improvement of
73	73	court facilities, if authorized by the county commissioners court.
74	74	SECTION 3. Subchapter E, Chapter 101, Government Code, is
75	75	amended by adding Section 101.08111 to read as follows:
76	76	Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES:
77	77	GOVERNMENT CODE. The clerk of a statutory county court in Bexar
78	78	County shall collect an additional filing fee not to exceed $15
79	79	under Section 51.706, Government Code, in certain civil cases to
80	80	fund the improvement of court facilities, if authorized by the
81	81	county commissioners court.
82	82	SECTION 4. Subchapter F, Chapter 101, Government Code, is
83	83	amended by adding Section 101.10111 to read as follows:
84	84	Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES:
85	85	GOVERNMENT CODE. The clerk of a statutory probate court in Bexar
86	86	County shall collect an additional filing fee not to exceed $15
87	87	under Section 51.706, Government Code, in certain civil cases to
88	88	fund the improvement of court facilities, if authorized by the
89	89	county commissioners court.
90	90	SECTION 5. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2009.