Texas 2013 - 83rd Regular

Texas Senate Bill SB1891 Compare Versions

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1	1	By: Watson S.B. No. 1891
2	2	(Howard)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition of an additional fee for filing civil
8	8	cases in certain Travis County courts.
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 51.709 to read as follows:
12	12	Sec. 51.709. ADDITIONAL FILING FEE FOR CIVIL CASES IN
13	13	TRAVIS COUNTY. (a) This section applies only to district courts,
14	14	probate courts, and county courts at law in Travis 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 Travis
20	20	County civil courts.
21	21	(c) Court fees due under this section shall be collected in
22	22	the same manner as other fees, fines, or costs are collected in the
23	23	case.
24	24	(d) The clerk shall send the fees collected under this
25	25	section to the county treasurer or to any other official who
26	26	discharges the duties commonly assigned to the county treasurer at
27	27	least as frequently as monthly. The treasurer or other official
28	28	shall deposit the fees in a special account in the county treasury
29	29	dedicated to the construction, renovation, or improvement of the
30	30	facilities that house the courts collecting the fee.
31	31	(e) This section applies only to fees for a 12-month period
32	32	beginning October 1, if the commissioners court:
33	33	(1) adopts a resolution authorizing a fee of not more
34	34	than $15;
35	35	(2) adopts a resolution requiring the county to spend
36	36	one dollar for the construction, renovation, or improvement of the
37	37	court facilities for each dollar spent from the special account
38	38	dedicated to that purpose; and
39	39	(3) files the resolutions with the county treasurer or
40	40	with any other official who discharges the duties commonly assigned
41	41	to the county treasurer not later than September 1 immediately
42	42	preceding the first 12-month period during which the fees are to be
43	43	collected.
44	44	(f) A resolution adopted under Subsection (e) continues
45	45	from year to year until October 1, 2028, allowing the county to
46	46	collect fees under the terms of this section until the resolution is
47	47	rescinded.
48	48	(g) The commissioners court may rescind a resolution
49	49	adopted under Subsection (e) by adopting a resolution rescinding
50	50	the resolution and submitting the rescission resolution to the
51	51	county treasurer or to any other official who discharges the duties
52	52	commonly assigned to the county treasurer not later than June 1
53	53	preceding the beginning of the first day of the county fiscal year.
54	54	The commissioners court may adopt an additional resolution in the
55	55	manner provided by Subsection (e) after rescinding a previous
56	56	resolution under that subsection.
57	57	(h) A fee established under a particular resolution is
58	58	abolished on the earlier of:
59	59	(1) the date a resolution adopted under Subsection (e)
60	60	is rescinded as provided by Subsection (g); or
61	61	(2) October 1, 2028.
62	62	(i) The county may make the required expenditure described
63	63	by Subsection (e)(2) at any time, regardless of when the
64	64	expenditure from the special account occurs.
65	65	SECTION 2. Subchapter D, Chapter 101, Government Code, is
66	66	amended by adding Section 101.06120 to read as follows:
67	67	Sec. 101.06120. ADDITIONAL DISTRICT COURT FEES FOR COURT
68	68	FACILITIES: GOVERNMENT CODE. The clerk of a district court in
69	69	Travis County shall collect an additional filing fee of not more
70	70	than $15 under Section 51.709, Government Code, in civil cases to
71	71	fund the construction, renovation, or improvement of court
72	72	facilities, if authorized by the county commissioners court.
73	73	SECTION 3. Subchapter E, Chapter 101, Government Code, is
74	74	amended by adding Section 101.08119 to read as follows:
75	75	Sec. 101.08119. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
76	76	COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
77	77	court in Travis County shall collect an additional filing fee of not
78	78	more than $15 under Section 51.709, Government Code, in civil cases
79	79	to fund the construction, renovation, or improvement of court
80	80	facilities, if authorized by the county commissioners court.
81	81	SECTION 4. Subchapter F, Chapter 101, Government Code, is
82	82	amended by adding Section 101.10118 to read as follows:
83	83	Sec. 101.10118. ADDITIONAL STATUTORY PROBATE COURT FEES FOR
84	84	COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory
85	85	probate court in Travis County shall collect an additional filing
86	86	fee of not more than $15 under Section 51.709, Government Code, in
87	87	civil cases to fund the construction, renovation, or improvement of
88	88	court facilities, if authorized by the county commissioners court.
89	89	SECTION 5. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2013.