85R9401 CAE-D
By: Guillen H.B. No. 2875
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of additional fees for filing civil
cases in certain Willacy County courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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) pay the principal of, interest on, and costs of
issuance of 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 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 2. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.061194 to read as follows:
Sec. 101.061194. 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 issued for the construction, renovation,
or improvement of court facilities, if authorized by the county
commissioners court.
SECTION 3. 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 issued for the construction, renovation,
or improvement of court facilities, if authorized by the county
commissioners court.
SECTION 4. 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 issued for the construction, renovation,
or improvement of court facilities, if authorized by the county
commissioners court.
SECTION 5. This Act takes effect September 1, 2017.