Texas 2011 - 82nd Regular

Texas House Bill HB2028 Compare Versions

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Old	New	Differences
1	1	82R12202 PMO-F
2	2	By: Hartnett H.B. No. 2028
3	3	Substitute the following for H.B. No. 2028:
4	4	By: Jackson C.S.H.B. No. 2028
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an additional fee for filing civil cases in certain
10	10	Rockwall County courts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter H, Chapter 51, Government Code, is
13	13	amended by adding Section 51.709 to read as follows:
14	14	Sec. 51.709. ADDITIONAL FILING FEE FOR CIVIL CASES IN
15	15	ROCKWALL COUNTY. (a) This section applies only to district courts,
16	16	statutory probate courts, county courts at law, and justice courts
17	17	in Rockwall County.
18	18	(b) Except as otherwise provided by this section and in
19	19	addition to all other fees authorized or required by other law, the
20	20	clerk of a court shall collect a filing fee of not more than $15 in
21	21	each civil case filed in the court to be used for the construction,
22	22	renovation, or improvement of the facilities that house the courts
23	23	collecting the fee.
24	24	(c) Court fees due under this section shall be collected in
25	25	the same manner as other fees, fines, or costs are collected in the
26	26	case.
27	27	(d) The clerk shall send the fees collected under this
28	28	section to the county treasurer at least as frequently as monthly.
29	29	The treasurer shall deposit the fees in a special account in the
30	30	county treasury dedicated to the construction, renovation, or
31	31	improvement of the facilities that house the courts collecting the
32	32	fee.
33	33	(e) This section applies only to fees for a 12-month period
34	34	beginning July 1, if the commissioners court:
35	35	(1) adopts a resolution authorizing a fee of not more
36	36	than $15; and
37	37	(2) files the resolution with the county treasurer not
38	38	later than June 1 immediately preceding the first 12-month period
39	39	during which the fees are to be collected.
40	40	(f) A resolution adopted under Subsection (e) continues
41	41	from year to year until July 1, 2025, allowing the county to collect
42	42	fees under the terms of this section until the resolution is
43	43	rescinded.
44	44	(g) The commissioners court may rescind the resolution
45	45	adopted under Subsection (e) by adopting a resolution rescinding
46	46	the resolution and submitting the recision resolution to the county
47	47	treasurer not later than June 1 preceding the beginning of the first
48	48	day of the county fiscal year. The commissioners court may adopt an
49	49	additional resolution in the manner provided by Subsection (e)
50	50	after rescinding a previous resolution under that subsection.
51	51	(h) A fee established under a particular resolution is
52	52	abolished on the earlier of:
53	53	(1) the date a resolution adopted under Subsection (e)
54	54	is rescinded as provided by Subsection (g); or
55	55	(2) July 1, 2025.
56	56	SECTION 2. Subchapter D, Chapter 101, Government Code, is
57	57	amended by adding Section 101.06120 to read as follows:
58	58	Sec. 101.06120. ADDITIONAL DISTRICT COURT FEES FOR COURT
59	59	FACILITIES: GOVERNMENT CODE. The clerk of a district court in
60	60	Rockwall County shall collect an additional filing fee of not more
61	61	than $15 under Section 51.709, Government Code, in civil cases to
62	62	fund the construction, renovation, or improvement of court
63	63	facilities, if authorized by the county commissioners court.
64	64	SECTION 3. Subchapter E, Chapter 101, Government Code, is
65	65	amended by adding Section 101.08119 to read as follows:
66	66	Sec. 101.08119. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
67	67	COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
68	68	court in Rockwall County shall collect an additional filing fee of
69	69	not more than $15 under Section 51.709, Government Code, in civil
70	70	cases to fund the construction, renovation, or improvement of court
71	71	facilities, if authorized by the county commissioners court.
72	72	SECTION 4. Subchapter F, Chapter 101, Government Code, is
73	73	amended by adding Section 101.10118 to read as follows:
74	74	Sec. 101.10118. ADDITIONAL STATUTORY PROBATE COURT FEES FOR
75	75	COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory
76	76	probate court in Rockwall County shall collect an additional filing
77	77	fee of not more than $15 under Section 51.709, Government Code, in
78	78	civil cases to fund the construction, renovation, or improvement of
79	79	court facilities, if authorized by the county commissioners court.
80	80	SECTION 5. Subchapter H, Chapter 101, Government Code, is
81	81	amended by adding Section 101.142 to read as follows:
82	82	Sec. 101.142. ADDITIONAL JUSTICE COURT FEE FOR COURT
83	83	FACILITIES COLLECTED BY CLERK. The clerk of a justice court in
84	84	Rockwall County shall collect an additional filing fee of not more
85	85	than $15 under Section 51.709, Government Code, in civil cases to
86	86	fund the construction, renovation, or improvement of court
87	87	facilities, if authorized by the county commissioners court.
88	88	SECTION 6. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2011.