1 | 1 | | By: Deuell S.B. No. 1827 |
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2 | 2 | | (Gooden) |
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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 fee for filing civil cases in certain |
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8 | 8 | | Rockwall County 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 51.709 to read as follows: |
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12 | 12 | | Sec. 51.709. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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13 | 13 | | ROCKWALL COUNTY. (a) This section applies only to district |
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14 | 14 | | courts, statutory probate courts, county courts at law, and justice |
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15 | 15 | | courts in Rockwall County. |
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16 | 16 | | (b) Except as otherwise provided by this section and in |
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17 | 17 | | addition to all other fees authorized or required by other law, the |
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18 | 18 | | clerk of a court shall collect a filing fee of not more than $15 in |
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19 | 19 | | each civil case filed in the court to be used for the construction, |
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20 | 20 | | renovation, or improvement of the facilities that house the courts |
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21 | 21 | | collecting the fee. |
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22 | 22 | | (c) Court fees due under this section shall be collected in |
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23 | 23 | | the same manner as other fees, fines, or costs are collected in the |
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24 | 24 | | case. |
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25 | 25 | | (d) The clerk shall send the fees collected under this |
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26 | 26 | | section to the county treasurer at least as frequently as monthly. |
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27 | 27 | | The treasurer shall deposit the fees in a special account in the |
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28 | 28 | | county treasury dedicated to the construction, renovation, or |
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29 | 29 | | improvement of the facilities that house the courts collecting the |
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30 | 30 | | fee. |
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31 | 31 | | (e) This section applies only to fees for a 12-month period |
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32 | 32 | | beginning July 1, if the commissioners court: |
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33 | 33 | | (1) adopts a resolution authorizing a fee of not more |
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34 | 34 | | than $15; and |
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35 | 35 | | (2) files the resolution with the county treasurer not |
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36 | 36 | | later than June 1 immediately preceding the first 12-month period |
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37 | 37 | | during which the fees are to be collected. |
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38 | 38 | | (f) A resolution adopted under Subsection (e) continues |
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39 | 39 | | from year to year until July 1, 2025, allowing the county to collect |
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40 | 40 | | fees under the terms of this section until the resolution is |
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41 | 41 | | rescinded. |
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42 | 42 | | (g) The commissioners court may rescind the resolution |
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43 | 43 | | adopted under Subsection (e) by adopting a resolution rescinding |
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44 | 44 | | the resolution and submitting the recision resolution to the county |
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45 | 45 | | treasurer not later than June 1 preceding the beginning of the first |
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46 | 46 | | day of the county fiscal year. The commissioners court may adopt an |
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47 | 47 | | additional resolution in the manner provided by Subsection (e) |
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48 | 48 | | after rescinding a previous resolution under that subsection. |
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49 | 49 | | (h) A fee established under a particular resolution is |
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50 | 50 | | abolished on the earlier of: |
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51 | 51 | | (1) the date a resolution adopted under Subsection (e) |
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52 | 52 | | is rescinded as provided by Subsection (g); or |
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53 | 53 | | (2) July 1, 2025. |
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54 | 54 | | SECTION 2. Subchapter D, Chapter 101, Government Code, is |
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55 | 55 | | amended by adding Section 101.061191 to read as follows: |
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56 | 56 | | Sec. 101.061191. ADDITIONAL DISTRICT COURT FEES FOR COURT |
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57 | 57 | | FACILITIES: GOVERNMENT CODE. The clerk of a district court in |
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58 | 58 | | Rockwall County shall collect an additional filing fee of not more |
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59 | 59 | | than $15 under Section 51.709 in civil cases to fund the |
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60 | 60 | | construction, renovation, or improvement of court facilities, if |
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61 | 61 | | authorized by the county commissioners court. |
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62 | 62 | | SECTION 3. Subchapter E, Chapter 101, Government Code, is |
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63 | 63 | | amended by adding Section 101.08119 to read as follows: |
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64 | 64 | | Sec. 101.08119. ADDITIONAL STATUTORY COUNTY COURT FEES FOR |
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65 | 65 | | COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county |
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66 | 66 | | court in Rockwall County shall collect an additional filing fee of |
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67 | 67 | | not more than $15 under Section 51.709 in civil cases to fund the |
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68 | 68 | | construction, renovation, or improvement of court facilities, if |
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69 | 69 | | authorized by the county commissioners court. |
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70 | 70 | | SECTION 4. Subchapter F, Chapter 101, Government Code, is |
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71 | 71 | | amended by adding Section 101.10118 to read as follows: |
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72 | 72 | | Sec. 101.10118. ADDITIONAL STATUTORY PROBATE COURT FEES FOR |
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73 | 73 | | COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory |
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74 | 74 | | probate court in Rockwall County shall collect an additional filing |
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75 | 75 | | fee of not more than $15 under Section 51.709 in civil cases to fund |
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76 | 76 | | the construction, renovation, or improvement of court facilities, |
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77 | 77 | | if authorized by the county commissioners court. |
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78 | 78 | | SECTION 5. Subchapter H, Chapter 101, Government Code, is |
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79 | 79 | | amended by adding Section 101.142 to read as follows: |
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80 | 80 | | Sec. 101.142. ADDITIONAL JUSTICE COURT FEE FOR COURT |
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81 | 81 | | FACILITIES COLLECTED BY CLERK. The clerk of a justice court in |
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82 | 82 | | Rockwall County shall collect an additional filing fee of not more |
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83 | 83 | | than $15 under Section 51.709 in civil cases to fund the |
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84 | 84 | | construction, renovation, or improvement of court facilities, if |
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85 | 85 | | authorized by the county commissioners court. |
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86 | 86 | | SECTION 6. This Act takes effect immediately if it receives |
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87 | 87 | | a vote of two-thirds of all the members elected to each house, as |
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88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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90 | 90 | | Act takes effect September 1, 2013. |
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