85R18257 CAE-D
By: Martinez H.B. No. 1234
Substitute the following for H.B. No. 1234:
By: Smithee C.S.H.B. No. 1234
A BILL TO BE ENTITLED
AN ACT
relating to filing fees imposed in civil cases in Hidalgo County,
Cameron County, and Willacy County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.711, Government Code, is amended by
amending Subsections (b), (f), (g), (h), and (i) and adding
Subsection (e-1) to read as follows:
(b) Except as otherwise provided by this section and in
addition to all other fees authorized or required by other law, the
clerk of a court shall collect a filing fee of not more than $20 in
each civil case filed in the court to be used:
(1) for the construction, renovation, or improvement
of the facilities that house the Hidalgo County or Cameron County
civil courts; and
(2) to pay the principal of, interest on, and costs of
issuance of bonds, including refunding bonds, issued for the
construction, renovation, or improvement of the facilities that
house the Hidalgo County or Cameron County civil courts.
(e-1) If Hidalgo County or Cameron County has adopted a
resolution authorizing a fee as provided by Subsection (e) that is
abolished on or before October 1, 2030, the county may:
(1) adopt a resolution authorizing the fee adopted
under Subsection (e) to continue until October 1, 2045;
(2) adopt a resolution providing that the county must
continue to spend one dollar for the construction, renovation, or
improvement of the court facilities for each dollar spent from the
special account dedicated to that purpose; and
(3) file the resolution adopted under this subsection
with the county treasurer or with any other official who discharges
the duties commonly assigned to the county treasurer not later than
September 1 immediately preceding the first 12-month period during
which the county has authorized the fee to continue to be collected
through October 1, 2045.
(f) A resolution adopted under Subsection (e) continues
from year to year until October 1, 2030, if adopted under Subsection
(e) before September 1, 2017, or October 1, 2045, if adopted under
Subsection (e) on or after September 1, 2017, allowing the county to
collect fees under the terms of this section until the resolution is
rescinded. A resolution adopted under Subsection (e-1) continues
from year to year until October 1, 2045, allowing the county to
collect fees under the terms of this section until the resolution is
rescinded.
(g) The commissioners court of the county collecting the fee
may rescind a resolution adopted under Subsection (e) or (e-1) by
adopting a resolution rescinding the resolution and submitting the
rescission resolution to the county treasurer or to any other
official who discharges the duties commonly assigned to the county
treasurer not later than September 1 preceding the beginning of the
first day of the county fiscal year. The commissioners court may
adopt an additional resolution in the manner provided by Subsection
(e) after rescinding a previous resolution [under that subsection].
(h) A fee established under a particular resolution is
abolished on the earlier of:
(1) the date a resolution adopted under Subsection (e)
or (e-1) is rescinded as provided by Subsection (g); [or]
(2) October 1, 2030, if adopted under Subsection (e)
before September 1, 2017;
(3) October 1, 2045, if adopted under Subsection (e)
on or after September 1, 2017; or
(4) October 1, 2045, if adopted under Subsection
(e-1).
(i) Hidalgo County or Cameron County may make the required
expenditure described by Subsection (e)(2) or (e-1)(2) at any time,
regardless of when the expenditure from the special account occurs.
SECTION 2. Subchapter H, Chapter 51, Government Code, is
amended by adding Section 51.713 to read as follows:
Sec. 51.713. ADDITIONAL FILING FEE FOR CIVIL CASES IN
WILLACY COUNTY. (a) This section applies only to district courts,
the constitutional county court, and justice courts in Willacy
County.
(b) Except as otherwise provided by this section and in
addition to all other fees authorized or required by other law, the
clerk of a court shall collect a filing fee of not more than $20 in
each civil case filed in the court to be used:
(1) for the construction, renovation, or improvement
of the facilities that house the Willacy County civil courts; and
(2) to pay the principal of, interest on, and costs of
issuance of bonds, including refunding bonds, issued for the
construction, renovation, or improvement of the facilities that
house the Willacy County civil courts.
(c) Court fees due under this section shall be collected in
the same manner as other fees, fines, or costs are collected in the
case.
(d) The clerk shall send the fees collected under this
section to the county treasurer or to any other official who
discharges the duties commonly assigned to the county treasurer at
least as frequently as monthly. The treasurer or other official
shall deposit the fees in a special account in the county treasury
dedicated to:
(1) the construction, renovation, or improvement of
the facilities that house the Willacy County civil courts; and
(2) the payment of the principal of, interest on, and
costs of issuance of bonds, including refunding bonds, issued for
the construction, renovation, or improvement of the facilities that
house the Willacy County civil courts.
(e) This section applies only to fees for a 12-month period
beginning October 1, if the commissioners court:
(1) adopts a resolution authorizing a fee of not more
than $20;
(2) adopts a resolution requiring the county to spend
one dollar for the construction, renovation, or improvement of the
court facilities or to pay the principal of, interest on, and costs
of issuance of bonds, including refunding bonds, issued for the
construction of court facilities for each dollar spent from the
special account dedicated to that purpose; and
(3) files the resolutions with the county treasurer or
with any other official who discharges the duties commonly assigned
to the county treasurer not later than September 1 immediately
preceding the first 12-month period during which the fees are to be
collected.
(f) A resolution adopted under Subsection (e) continues
from year to year until October 1, 2045, allowing the county to
collect fees under the terms of this section until the resolution is
rescinded.
(g) The commissioners court may rescind a resolution
adopted under Subsection (e) by adopting a resolution rescinding
the resolution and submitting the rescission resolution to the
county treasurer or to any other official who discharges the duties
commonly assigned to the county treasurer not later than September
1 preceding the beginning of the first day of the county fiscal
year. The commissioners court may adopt an additional resolution
in the manner provided by Subsection (e) after rescinding a
previous resolution under that subsection.
(h) A fee established under a particular resolution is
abolished on the earlier of:
(1) the date a resolution adopted under Subsection (e)
is rescinded as provided by Subsection (g); or
(2) October 1, 2045.
(i) The county may make the required expenditure described
by Subsection (e)(2) at any time, regardless of when the
expenditure from the special account occurs.
SECTION 3. Subchapter D, Chapter 101, Government Code, is
amended by adding Sections 101.061194 and 101.061195 to read as
follows:
Sec. 101.061194. ADDITIONAL DISTRICT COURT FEES FOR COURT
FACILITIES: GOVERNMENT CODE. The clerk of a district court in
Hidalgo County and the clerk of a district court in Cameron County
shall collect an additional filing fee of not more than $20 under
Section 51.711, Government Code, in civil cases to fund the payment
of the principal of, interest on, and costs of issuance of bonds,
including refunding bonds, issued for the construction,
renovation, or improvement of court facilities, if authorized by
the county commissioners court.
Sec. 101.061195. ADDITIONAL DISTRICT COURT FEES FOR COURT
FACILITIES: GOVERNMENT CODE. The clerk of a district court in
Willacy County shall collect an additional filing fee of not more
than $20 under Section 51.713, Government Code, in civil cases to
fund the:
(1) construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court; and
(2) payment of the principal of, interest on, and
costs of issuance of bonds, including refunding bonds, issued for
the construction, renovation, or improvement of court facilities,
if authorized by the county commissioners court.
SECTION 4. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.081193 to read as follows:
Sec. 101.081193. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
court in Hidalgo County and the clerk of a statutory county court in
Cameron County shall collect an additional filing fee of not more
than $20 under Section 51.711, Government Code, in civil cases to
fund the payment of the principal of, interest on, and costs of
issuance of bonds, including refunding bonds, issued for the
construction, renovation, or improvement of court facilities, if
authorized by the county commissioners court.
SECTION 5. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.101192 to read as follows:
Sec. 101.101192. ADDITIONAL STATUTORY PROBATE COURT FEES
FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory
probate court in Hidalgo County shall collect an additional filing
fee of not more than $20 under Section 51.711, Government Code, in
civil cases to fund the payment of the principal of, interest on,
and costs of issuance of bonds, including refunding bonds, issued
for the construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court.
SECTION 6. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12122 to read as follows:
Sec. 101.12122. ADDITIONAL COUNTY COURT FEES FOR COURT
FACILITIES: GOVERNMENT CODE. The clerk of the county court in
Willacy County shall collect an additional filing fee of not more
than $20 under Section 51.713, Government Code, in civil cases to
fund the:
(1) construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court; and
(2) payment of the principal of, interest on, and
costs of issuance of bonds, including refunding bonds, issued for
the construction, renovation, or improvement of court facilities,
if authorized by the county commissioners court.
SECTION 7. Subchapter H, Chapter 101, Government Code, is
amended by adding Section 101.143 to read as follows:
Sec. 101.143. ADDITIONAL JUSTICE COURT FEES FOR COURT
FACILITIES COLLECTED BY CLERK. The clerk of a justice court in
Willacy County shall collect an additional filing fee of not more
than $20 under Section 51.713, Government Code, in civil cases to
fund the:
(1) construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court; and
(2) payment of the principal of, interest on, and
costs of issuance of bonds, including refunding bonds, issued for
the construction, renovation, or improvement of court facilities,
if authorized by the county commissioners court.
SECTION 8. This Act takes effect September 1, 2017.