| 1 | 1 | | 81R4886 KLA-D |
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| 2 | 2 | | By: Hughes, Frost H.B. No. 966 |
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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 the creation of an appellate judicial system for the |
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| 8 | 8 | | Sixth Court of Appeals District. |
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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 C, Chapter 22, Government Code, is |
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| 11 | 11 | | amended by adding Section 22.2071 to read as follows: |
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| 12 | 12 | | Sec. 22.2071. APPELLATE JUDICIAL SYSTEM. (a) The |
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| 13 | 13 | | commissioners court of each county in the Sixth Court of Appeals |
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| 14 | 14 | | District, by order entered in its minutes, shall establish an |
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| 15 | 15 | | appellate judicial system to assist the court of appeals for the |
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| 16 | 16 | | county in the processing of appeals filed with the court of appeals |
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| 17 | 17 | | from the county courts, statutory county courts, probate courts, |
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| 18 | 18 | | and district courts. |
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| 19 | 19 | | (b) To fund the system, the commissioners court shall set a |
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| 20 | 20 | | court costs fee of $5 for each civil suit filed in county court, |
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| 21 | 21 | | statutory county court, probate court, or district court in the |
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| 22 | 22 | | county. |
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| 23 | 23 | | (c) The court costs fee does not apply to a suit filed by any |
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| 24 | 24 | | governmental entity or to a suit for delinquent taxes. |
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| 25 | 25 | | (d) The court costs fee shall be taxed, collected, and paid |
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| 26 | 26 | | as other court costs in a suit. The clerk of the court shall collect |
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| 27 | 27 | | the court costs fee set under this section and pay it to the county |
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| 28 | 28 | | officer who performs the county treasurer's functions. That |
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| 29 | 29 | | officer shall deposit the fee in a separate appellate judicial |
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| 30 | 30 | | system fund. The commissioners court shall administer the fund to |
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| 31 | 31 | | establish and maintain a fund system to assist the Sixth Court of |
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| 32 | 32 | | Appeals District and any other court of appeals district that has an |
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| 33 | 33 | | appellate judicial system in the county. The fund may not be used |
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| 34 | 34 | | for any other purpose. |
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| 35 | 35 | | (e) The commissioners court shall monthly order the funds |
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| 36 | 36 | | collected under this section to be forwarded in equal amounts to |
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| 37 | 37 | | each clerk of a court of appeals that has an appellate judicial |
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| 38 | 38 | | system in the county for expenditures by the court of appeals for |
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| 39 | 39 | | its judicial system. |
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| 40 | 40 | | (f) The commissioners court shall vest management of the |
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| 41 | 41 | | system in the chief justice of the court of appeals. |
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| 42 | 42 | | SECTION 2. Subchapter D, Chapter 101, Government Code, is |
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| 43 | 43 | | amended by adding Section 101.06113 to read as follows: |
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| 44 | 44 | | Sec. 101.06113. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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| 45 | 45 | | CODE. The clerk of a district court in the Sixth Court of Appeals |
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| 46 | 46 | | District shall collect an appellate judicial system filing fee of |
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| 47 | 47 | | $5 under Section 22.2071, Government Code. |
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| 48 | 48 | | SECTION 3. Subchapter E, Chapter 101, Government Code, is |
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| 49 | 49 | | amended by adding Section 101.08112 to read as follows: |
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| 50 | 50 | | Sec. 101.08112. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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| 51 | 51 | | GOVERNMENT CODE. The clerk of a statutory county court in the Sixth |
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| 52 | 52 | | Court of Appeals District shall collect an appellate judicial |
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| 53 | 53 | | system filing fee of $5 under Section 22.2071, Government Code. |
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| 54 | 54 | | SECTION 4. Subchapter F, Chapter 101, Government Code, is |
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| 55 | 55 | | amended by adding Section 101.10112 to read as follows: |
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| 56 | 56 | | Sec. 101.10112. ADDITIONAL STATUTORY PROBATE COURT FEES: |
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| 57 | 57 | | GOVERNMENT CODE. The clerk of a statutory probate court in the |
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| 58 | 58 | | Sixth Court of Appeals District shall collect an appellate judicial |
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| 59 | 59 | | system filing fee of $5 under Section 22.2071, Government Code. |
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| 60 | 60 | | SECTION 5. Subchapter G, Chapter 101, Government Code, is |
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| 61 | 61 | | amended by adding Section 101.12121 to read as follows: |
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| 62 | 62 | | Sec. 101.12121. ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
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| 63 | 63 | | CODE. The clerk of a county court in a county in the Sixth Court of |
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| 64 | 64 | | Appeals District shall collect an appellate judicial system filing |
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| 65 | 65 | | fee of $5 under Section 22.2071, Government Code. |
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| 66 | 66 | | SECTION 6. This Act takes effect September 1, 2009. |
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