85R18624 CAE-D
By: Guillen H.B. No. 2875
Substitute the following for H.B. No. 2875:
By: Smithee C.S.H.B. No. 2875
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of additional fees for filing civil
cases in Willacy County and Starr County.
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 AND STARR COUNTY. (a) This section applies only to:
(1) district courts, the constitutional county court,
and justice courts in Willacy County; and
(2) district courts, the county court at law, and
justice courts in Starr 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 or Starr 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 or
Starr 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 of the county in which the court is
located 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 or Starr 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 or
Starr County civil courts.
(e) This section applies only to fees for a 12-month period
beginning October 1, if the commissioners court of the county
collecting the fee:
(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 of the county collecting the fee
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) Willacy County or Starr 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 and the clerk of a district court in Starr 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 E, Chapter 101, Government Code, is
amended by adding Section 101.081195 to read as follows:
Sec. 101.081195. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
court in Starr 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 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 5. 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 and the clerk of a justice court in Starr 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 6. This Act takes effect September 1, 2017.