| 1 | 1 | | 81R6494 KFF-D |
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| 2 | 2 | | By: Eiland H.B. No. 1860 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an additional filing fee for civil cases filed in |
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| 8 | 8 | | certain courts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter H, Chapter 51, Government Code, is |
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| 11 | 11 | | amended by adding Section 51.708 to read as follows: |
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| 12 | 12 | | Sec. 51.708. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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| 13 | 13 | | CERTAIN COURTS. (a) In addition to all other fees authorized or |
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| 14 | 14 | | required by other law, the clerk of a county court, statutory county |
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| 15 | 15 | | court, or district court shall collect a filing fee of not more than |
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| 16 | 16 | | $10 in each civil case filed in the court to be used for court record |
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| 17 | 17 | | preservation for the courts in the county. |
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| 18 | 18 | | (b) Court fees due under this section shall be collected in |
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| 19 | 19 | | the same manner as other fees, fines, or costs are collected in the |
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| 20 | 20 | | case. |
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| 21 | 21 | | (c) The clerk at least monthly shall send the fees collected |
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| 22 | 22 | | under this section to the county treasurer or to any other official |
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| 23 | 23 | | who discharges the duties commonly assigned to the county |
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| 24 | 24 | | treasurer. The treasurer or other official shall deposit the fees |
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| 25 | 25 | | in a court record preservation account in the county treasury. The |
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| 26 | 26 | | money in the account may be used only to digitize court records and |
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| 27 | 27 | | preserve the records from natural disasters. |
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| 28 | 28 | | (d) The court record preservation account shall be |
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| 29 | 29 | | administered by or under the direction of the commissioners court |
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| 30 | 30 | | of the county. |
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| 31 | 31 | | SECTION 2. Subchapter D, Chapter 101, Government Code, is |
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| 32 | 32 | | amended by adding Section 101.06117 to read as follows: |
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| 33 | 33 | | Sec. 101.06117. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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| 34 | 34 | | CODE. The clerk of a district court shall collect an additional |
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| 35 | 35 | | filing fee not to exceed $10 under Section 51.708, Government Code, |
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| 36 | 36 | | in certain civil cases to fund the preservation of court records. |
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| 37 | 37 | | SECTION 3. Subchapter E, Chapter 101, Government Code, is |
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| 38 | 38 | | amended by adding Section 101.08115 to read as follows: |
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| 39 | 39 | | Sec. 101.08115. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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| 40 | 40 | | GOVERNMENT CODE. The clerk of a statutory county court shall |
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| 41 | 41 | | collect an additional filing fee not to exceed $10 under Section |
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| 42 | 42 | | 51.708, Government Code, in certain civil cases to fund the |
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| 43 | 43 | | preservation of court records. |
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| 44 | 44 | | SECTION 4. Subchapter G, Chapter 101, Government Code, is |
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| 45 | 45 | | amended by adding Section 101.12124 to read as follows: |
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| 46 | 46 | | Sec. 101.12124. ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
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| 47 | 47 | | CODE. The clerk of a county court shall collect an additional |
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| 48 | 48 | | filing fee not to exceed $10 under Section 51.708, Government Code, |
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| 49 | 49 | | in certain civil cases to fund the preservation of court records. |
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| 50 | 50 | | SECTION 5. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2009. |
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