Texas 2017 - 85th Regular

Texas Senate Bill SB1508 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11263 CAE-D
2	2	By: Hinojosa S.B. No. 1508
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to filing fees imposed in civil cases in Hidalgo County,
8	8	Cameron County, and Willacy County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 51.711, Government Code, is amended by
11	11	amending Subsections (b), (f), (g), (h), and (i) and adding
12	12	Subsection (e-1) to read as follows:
13	13	(b) Except as otherwise provided by this section and in
14	14	addition to all other fees authorized or required by other law, the
15	15	clerk of a court shall collect a filing fee of not more than $20 in
16	16	each civil case filed in the court to be used:
17	17	(1) for the construction, renovation, or improvement
18	18	of the facilities that house the Hidalgo County or Cameron County
19	19	civil courts; and
20	20	(2) to pay the principal of, interest on, and costs of
21	21	issuance of bonds issued for the construction, renovation, or
22	22	improvement of the facilities that house the Hidalgo County or
23	23	Cameron County civil courts.
24	24	(e-1) If Hidalgo County or Cameron County has adopted a
25	25	resolution authorizing a fee as provided by Subsection (e) that is
26	26	abolished on or before October 1, 2030, the county may:
27	27	(1) adopt a resolution authorizing the fee adopted
28	28	under Subsection (e) to continue until October 1, 2045;
29	29	(2) adopt a resolution providing that the county must
30	30	continue to spend one dollar for the construction, renovation, or
31	31	improvement of the court facilities for each dollar spent from the
32	32	special account dedicated to that purpose; and
33	33	(3) file the resolution adopted under this subsection
34	34	with the county treasurer or with any other official who discharges
35	35	the duties commonly assigned to the county treasurer not later than
36	36	September 1 immediately preceding the first 12-month period during
37	37	which the county has authorized the fee to continue to be collected
38	38	through October 1, 2045.
39	39	(f) A resolution adopted under Subsection (e) continues
40	40	from year to year until October 1, 2030, if adopted under Subsection
41	41	(e) before September 1, 2017, or October 1, 2045, if adopted under
42	42	Subsection (e) on or after September 1, 2017, allowing the county to
43	43	collect fees under the terms of this section until the resolution is
44	44	rescinded. A resolution adopted under Subsection (e-1) continues
45	45	from year to year until October 1, 2045, 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 of the county collecting the fee
49	49	may rescind a resolution adopted under Subsection (e) or (e-1) by
50	50	adopting a resolution rescinding the resolution and submitting the
51	51	rescission resolution to the county treasurer or to any other
52	52	official who discharges the duties commonly assigned to the county
53	53	treasurer not later than September 1 preceding the beginning of the
54	54	first day of the county fiscal year. The commissioners court may
55	55	adopt an additional resolution in the manner provided by Subsection
56	56	(e) after rescinding a previous 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	or (e-1) is rescinded as provided by Subsection (g); [or]
61	61	(2) October 1, 2030, if adopted under Subsection (e)
62	62	before September 1, 2017;
63	63	(3) October 1, 2045, if adopted under Subsection (e)
64	64	on or after September 1, 2017; or
65	65	(4) October 1, 2045, if adopted under Subsection
66	66	(e-1).
67	67	(i) Hidalgo County or Cameron County may make the required
68	68	expenditure described by Subsection (e)(2) or (e-1)(2) at any time,
69	69	regardless of when the expenditure from the special account occurs.
70	70	SECTION 2. Subchapter H, Chapter 51, Government Code, is
71	71	amended by adding Section 51.713 to read as follows:
72	72	Sec. 51.713. ADDITIONAL FILING FEE FOR CIVIL CASES IN
73	73	WILLACY COUNTY. (a) This section applies only to district courts,
74	74	the constitutional county court, and justice courts in Willacy
75	75	County.
76	76	(b) Except as otherwise provided by this section and in
77	77	addition to all other fees authorized or required by other law, the
78	78	clerk of a court shall collect a filing fee of not more than $20 in
79	79	each civil case filed in the court to be used:
80	80	(1) for the construction, renovation, or improvement
81	81	of the facilities that house the Willacy County civil courts; and
82	82	(2) to pay the principal of, interest on, and costs of
83	83	issuance of bonds issued for the construction, renovation, or
84	84	improvement of the facilities that house the Willacy County civil
85	85	courts.
86	86	(c) Court fees due under this section shall be collected in
87	87	the same manner as other fees, fines, or costs are collected in the
88	88	case.
89	89	(d) The clerk shall send the fees collected under this
90	90	section to the county treasurer or to any other official who
91	91	discharges the duties commonly assigned to the county treasurer at
92	92	least as frequently as monthly. The treasurer or other official
93	93	shall deposit the fees in a special account in the county treasury
94	94	dedicated to:
95	95	(1) the construction, renovation, or improvement of
96	96	the facilities that house the Willacy County civil courts; and
97	97	(2) pay the principal of, interest on, and costs of
98	98	issuance of bonds issued for the construction, renovation, or
99	99	improvement of the facilities that house the Willacy County civil
100	100	courts.
101	101	(e) This section applies only to fees for a 12-month period
102	102	beginning October 1, if the commissioners court:
103	103	(1) adopts a resolution authorizing a fee of not more
104	104	than $20;
105	105	(2) adopts a resolution requiring the county to spend
106	106	one dollar for the construction, renovation, or improvement of the
107	107	court facilities or to pay the principal of, interest on, and costs
108	108	of issuance of bonds issued for the construction of court
109	109	facilities for each dollar spent from the special account dedicated
110	110	to that purpose; and
111	111	(3) files the resolutions with the county treasurer or
112	112	with any other official who discharges the duties commonly assigned
113	113	to the county treasurer not later than September 1 immediately
114	114	preceding the first 12-month period during which the fees are to be
115	115	collected.
116	116	(f) A resolution adopted under Subsection (e) continues
117	117	from year to year until October 1, 2045, allowing the county to
118	118	collect fees under the terms of this section until the resolution is
119	119	rescinded.
120	120	(g) The commissioners court may rescind a resolution
121	121	adopted under Subsection (e) by adopting a resolution rescinding
122	122	the resolution and submitting the rescission resolution to the
123	123	county treasurer or to any other official who discharges the duties
124	124	commonly assigned to the county treasurer not later than September
125	125	1 preceding the beginning of the first day of the county fiscal
126	126	year. The commissioners court may adopt an additional resolution
127	127	in the manner provided by Subsection (e) after rescinding a
128	128	previous resolution under that subsection.
129	129	(h) A fee established under a particular resolution is
130	130	abolished on the earlier of:
131	131	(1) the date a resolution adopted under Subsection (e)
132	132	is rescinded as provided by Subsection (g); or
133	133	(2) October 1, 2045.
134	134	(i) The county may make the required expenditure described
135	135	by Subsection (e)(2) at any time, regardless of when the
136	136	expenditure from the special account occurs.
137	137	SECTION 3. Subchapter D, Chapter 101, Government Code, is
138	138	amended by adding Sections 101.061194 and 101.061195 to read as
139	139	follows:
140	140	Sec. 101.061194. ADDITIONAL DISTRICT COURT FEES FOR COURT
141	141	FACILITIES: GOVERNMENT CODE. The clerk of a district court in
142	142	Hidalgo County and the clerk of a district court in Cameron County
143	143	shall collect an additional filing fee of not more than $20 under
144	144	Section 51.711, Government Code, in civil cases to fund the payment
145	145	of the principal of, interest on, and costs of issuance of bonds
146	146	issued for the construction, renovation, or improvement of court
147	147	facilities, if authorized by the county commissioners court.
148	148	Sec. 101.061195. ADDITIONAL DISTRICT COURT FEES FOR COURT
149	149	FACILITIES: GOVERNMENT CODE. The clerk of a district court in
150	150	Willacy County shall collect an additional filing fee of not more
151	151	than $20 under Section 51.713, Government Code, in civil cases to
152	152	fund the:
153	153	(1) construction, renovation, or improvement of court
154	154	facilities, if authorized by the county commissioners court; and
155	155	(2) payment of the principal of, interest on, and
156	156	costs of issuance of bonds issued for the construction, renovation,
157	157	or improvement of court facilities, if authorized by the county
158	158	commissioners court.
159	159	SECTION 4. Subchapter E, Chapter 101, Government Code, is
160	160	amended by adding Section 101.081193 to read as follows:
161	161	Sec. 101.081193. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
162	162	COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
163	163	court in Hidalgo County and the clerk of a statutory county court in
164	164	Cameron County shall collect an additional filing fee of not more
165	165	than $20 under Section 51.711, Government Code, in civil cases to
166	166	fund the payment of the principal of, interest on, and costs of
167	167	issuance of bonds issued for the construction, renovation, or
168	168	improvement of court facilities, if authorized by the county
169	169	commissioners court.
170	170	SECTION 5. Subchapter F, Chapter 101, Government Code, is
171	171	amended by adding Section 101.101192 to read as follows:
172	172	Sec. 101.101192. ADDITIONAL STATUTORY PROBATE COURT FEES
173	173	FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory
174	174	probate court in Hidalgo County shall collect an additional filing
175	175	fee of not more than $20 under Section 51.711, Government Code, in
176	176	civil cases to fund the payment of the principal of, interest on,
177	177	and costs of issuance of bonds issued for the construction,
178	178	renovation, or improvement of court facilities, if authorized by
179	179	the county commissioners court.
180	180	SECTION 6. Subchapter G, Chapter 101, Government Code, is
181	181	amended by adding Section 101.12122 to read as follows:
182	182	Sec. 101.12122. ADDITIONAL COUNTY COURT FEES FOR COURT
183	183	FACILITIES: GOVERNMENT CODE. The clerk of the county court in
184	184	Willacy County shall collect an additional filing fee of not more
185	185	than $20 under Section 51.713, Government Code, in civil cases to
186	186	fund the:
187	187	(1) construction, renovation, or improvement of court
188	188	facilities, if authorized by the county commissioners court; and
189	189	(2) payment of the principal of, interest on, and
190	190	costs of issuance of bonds issued for the construction, renovation,
191	191	or improvement of court facilities, if authorized by the county
192	192	commissioners court.
193	193	SECTION 7. Subchapter H, Chapter 101, Government Code, is
194	194	amended by adding Section 101.143 to read as follows:
195	195	Sec. 101.143. ADDITIONAL JUSTICE COURT FEES FOR COURT
196	196	FACILITIES COLLECTED BY CLERK. The clerk of a justice court in
197	197	Willacy County shall collect an additional filing fee of not more
198	198	than $20 under Section 51.713, Government Code, in civil cases to
199	199	fund the:
200	200	(1) construction, renovation, or improvement of court
201	201	facilities, if authorized by the county commissioners court; and
202	202	(2) payment of the principal of, interest on, and
203	203	costs of issuance of bonds issued for the construction, renovation,
204	204	or improvement of court facilities, if authorized by the county
205	205	commissioners court.
206	206	SECTION 8. This Act takes effect September 1, 2017.