Texas 2019 - 86th Regular

Texas Senate Bill SB1936 Compare Versions

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

Old	New	Differences
1	1	86R12192 SRS-D
2	2	By: Hinojosa S.B. No. 1936
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to imposing additional fees for filing civil cases and
7	7	recording certain documents in Nueces County.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter H, Chapter 51, Government Code, is
10	10	amended by adding Section 51.712 to read as follows:
11	11	Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN
12	12	NUECES COUNTY. (a) This section applies only to district courts
13	13	and county courts at law in Nueces County.
14	14	(b) Except as otherwise provided by this section and in
15	15	addition to all other fees authorized or required by other law, the
16	16	clerk of a court shall collect a filing fee of not more than $20 in
17	17	each civil case filed in the court to be used for the construction,
18	18	renovation, or improvement of the facilities that house the Nueces
19	19	County civil courts.
20	20	(c) Court fees due under this section shall be collected in
21	21	the same manner as other fees, fines, or costs are collected in the
22	22	case.
23	23	(d) The clerk shall send the fees collected under this
24	24	section to the county treasurer of Nueces County or to any other
25	25	official who discharges the duties commonly assigned to the county
26	26	treasurer at least as frequently as monthly. The treasurer or other
27	27	official shall deposit the fees in a special account in the county
28	28	treasury dedicated to the construction, renovation, or improvement
29	29	of the facilities that house the Nueces County civil courts.
30	30	(e) This section applies only to fees for a 12-month period
31	31	beginning October 1, if the Commissioners Court of Nueces County:
32	32	(1) adopts a resolution authorizing a fee of not more
33	33	than $20;
34	34	(2) adopts a resolution requiring the county to spend
35	35	one dollar for the construction, renovation, or improvement of the
36	36	court facilities for each dollar spent from the special account
37	37	dedicated to that purpose; and
38	38	(3) files the resolutions with the county treasurer or
39	39	with any other official who discharges the duties commonly assigned
40	40	to the county treasurer not later than September 1 immediately
41	41	preceding the first 12-month period during which the fees are to be
42	42	collected.
43	43	(f) A resolution adopted under Subsection (e) continues
44	44	from year to year until October 1, 2034, allowing Nueces County to
45	45	collect fees under the terms of this section until the resolution is
46	46	rescinded.
47	47	(g) The Commissioners Court of Nueces County may rescind a
48	48	resolution adopted under Subsection (e) by adopting a resolution
49	49	rescinding the resolution and submitting the rescission resolution
50	50	to the county treasurer or to any other official who discharges the
51	51	duties commonly assigned to the county treasurer not later than
52	52	September 1 preceding the beginning of the first day of the county
53	53	fiscal year. The commissioners court may adopt an additional
54	54	resolution in the manner provided by Subsection (e) after
55	55	rescinding a previous resolution under that subsection.
56	56	(h) A fee established under a particular resolution is
57	57	abolished on the earlier of:
58	58	(1) the date a resolution adopted under Subsection (e)
59	59	is rescinded as provided by Subsection (g); or
60	60	(2) October 1, 2034.
61	61	(i) Nueces County may make the required expenditure
62	62	described by Subsection (e)(2) at any time, regardless of when the
63	63	expenditure from the special account occurs.
64	64	(j) This section expires September 1, 2035.
65	65	SECTION 2. Subchapter D, Chapter 101, Government Code, is
66	66	amended by adding Section 101.06112 to read as follows:
67	67	Sec. 101.06112. ADDITIONAL DISTRICT COURT FEES FOR COURT
68	68	FACILITIES: GOVERNMENT CODE. The clerk of a district court in
69	69	Nueces County shall collect an additional filing fee of not more
70	70	than $20 under Section 51.712, Government Code, in civil cases to
71	71	fund the construction, renovation, or improvement of court
72	72	facilities, if authorized by the county commissioners court.
73	73	SECTION 3. Subchapter E, Chapter 101, Government Code, is
74	74	amended by adding Section 101.08112 to read as follows:
75	75	Sec. 101.08112. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
76	76	COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
77	77	court in Nueces County shall collect an additional filing fee of not
78	78	more than $20 under Section 51.712, Government Code, in civil cases
79	79	to fund the construction, renovation, or improvement of court
80	80	facilities, if authorized by the county commissioners court.
81	81	SECTION 4. Section 118.0131, Local Government Code, is
82	82	amended to read as follows:
83	83	Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES
84	84	IN CERTAIN COUNTIES [FACILITIES: HIDALGO COUNTY AND CAMERON
85	85	COUNTY]. The county clerk of Hidalgo County, [and] the county clerk
86	86	of Cameron County, and the county clerk of Nueces County may assess
87	87	an additional fee not to exceed $10 for a real property records
88	88	filing to fund the construction, renovation, or improvement of
89	89	court facilities, if authorized by the commissioners court of the
90	90	county.
91	91	SECTION 5. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2019.