Texas 2015 - 84th Regular

Texas House Bill HB3214 Compare Versions

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Version 2 (New)

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1	1	84R13445 SRS-D
2	2	By: Spitzer H.B. No. 3214
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 Kaufman 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 51.712 to read as follows:
12	12	Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN
13	13	KAUFMAN COUNTY. (a) This section applies only to district courts,
14	14	statutory probate courts, county courts at law, and justice courts
15	15	in Kaufman County.
16	16	(b) Except as otherwise provided by this section and in
17	17	addition to all other fees authorized or required by other law, the
18	18	clerk of a court shall collect a filing fee of not more than $15 in
19	19	each civil case filed in the court to be used for the construction,
20	20	renovation, or improvement of the facilities that house the Kaufman
21	21	courts collecting the fee.
22	22	(c) Court fees due under this section shall be collected in
23	23	the same manner as other fees, fines, or costs are collected in the
24	24	case.
25	25	(d) The clerk shall send the fees collected under this
26	26	section to the county treasurer or to any other official who
27	27	discharges the duties commonly assigned to the county treasurer at
28	28	least as frequently as monthly. The treasurer or other official
29	29	shall deposit the fees in a special account in the county treasury
30	30	dedicated to the construction, renovation, or improvement of the
31	31	facilities that house the courts collecting the fee.
32	32	(e) This section applies only to fees for a 12-month period
33	33	beginning July 1, if the commissioners court:
34	34	(1) adopts a resolution authorizing a fee of not more
35	35	than $15; and
36	36	(2) files the resolution with the county treasurer or
37	37	with any other official who discharges the duties commonly assigned
38	38	to the county treasurer not later than June 1 immediately preceding
39	39	the first 12-month period 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, 2030, 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 a resolution
45	45	adopted under Subsection (e) by adopting a resolution rescinding
46	46	the resolution and submitting the rescission resolution to the
47	47	county treasurer or to any other official who discharges the duties
48	48	commonly assigned to the county treasurer not later than June 1
49	49	preceding the beginning of the first day of the county fiscal year.
50	50	The commissioners court may adopt an additional resolution in the
51	51	manner provided by Subsection (e) after rescinding a previous
52	52	resolution under that subsection.
53	53	(h) A fee established under a particular resolution is
54	54	abolished on the earlier of:
55	55	(1) the date a resolution adopted under Subsection (e)
56	56	is rescinded as provided by Subsection (g); or
57	57	(2) July 1, 2030.
58	58	SECTION 2. Subchapter D, Chapter 101, Government Code, is
59	59	amended by adding Section 101.061193 to read as follows:
60	60	Sec. 101.061193. ADDITIONAL DISTRICT COURT FEES FOR COURT
61	61	FACILITIES: GOVERNMENT CODE. The clerk of a district court in
62	62	Kaufman County shall collect an additional filing fee of not more
63	63	than $15 under Section 51.712, Government Code, in civil cases to
64	64	fund the construction, renovation, or improvement of court
65	65	facilities, if authorized by the county commissioners court.
66	66	SECTION 3. Subchapter E, Chapter 101, Government Code, is
67	67	amended by adding Section 101.081196 to read as follows:
68	68	Sec. 101.081196. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
69	69	COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
70	70	court in Kaufman County shall collect an additional filing fee of
71	71	not more than $15 under Section 51.712, Government Code, in civil
72	72	cases to fund the construction, renovation, or improvement of court
73	73	facilities, if authorized by the county commissioners court.
74	74	SECTION 4. Subchapter F, Chapter 101, Government Code, is
75	75	amended by adding Section 101.101191 to read as follows:
76	76	Sec. 101.101191. ADDITIONAL STATUTORY PROBATE COURT FEES
77	77	FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory
78	78	probate court in Kaufman County shall collect an additional filing
79	79	fee of not more than $15 under Section 51.712, Government Code, in
80	80	civil cases to fund the construction, renovation, or improvement of
81	81	court facilities, if authorized by the county commissioners court.
82	82	SECTION 5. Subchapter H, Chapter 101, Government Code, is
83	83	amended by adding Section 101.143 to read as follows:
84	84	Sec. 101.143. ADDITIONAL JUSTICE COURT FEE FOR COURT
85	85	FACILITIES COLLECTED BY CLERK. The clerk of a justice court in
86	86	Kaufman County shall collect an additional filing fee of not more
87	87	than $15 under Section 51.712, Government Code, in civil cases to
88	88	fund the construction, renovation, or improvement of court
89	89	facilities, if authorized by the county commissioners court.
90	90	SECTION 6. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2015.