86R12192 SRS-D
By: Hinojosa S.B. No. 1936
A BILL TO BE ENTITLED
relating to imposing additional fees for filing civil cases and
recording certain documents in Nueces 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 51.712 to read as follows:
Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN
NUECES COUNTY. (a) This section applies only to district courts
and county courts at law in Nueces 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 for the construction,
renovation, or improvement of the facilities that house the Nueces
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 Nueces County 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 the construction, renovation, or improvement
of the facilities that house the Nueces County civil courts.
(e) This section applies only to fees for a 12-month period
beginning October 1, if the Commissioners Court of Nueces County:
(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 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, 2034, allowing Nueces County to
collect fees under the terms of this section until the resolution is
rescinded.
(g) The Commissioners Court of Nueces County 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, 2034.
(i) Nueces County may make the required expenditure
described by Subsection (e)(2) at any time, regardless of when the
expenditure from the special account occurs.
(j) This section expires September 1, 2035.
SECTION 2. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06112 to read as follows:
Sec. 101.06112. ADDITIONAL DISTRICT COURT FEES FOR COURT
FACILITIES: GOVERNMENT CODE. The clerk of a district court in
Nueces County shall collect an additional filing fee of not more
than $20 under Section 51.712, Government Code, in civil cases to
fund 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 101.08112 to read as follows:
Sec. 101.08112. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
court in Nueces County shall collect an additional filing fee of not
more than $20 under Section 51.712, Government Code, in civil cases
to fund the construction, renovation, or improvement of court
facilities, if authorized by the county commissioners court.
SECTION 4. Section 118.0131, Local Government Code, is
amended to read as follows:
Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES
IN CERTAIN COUNTIES [FACILITIES: HIDALGO COUNTY AND CAMERON
COUNTY]. The county clerk of Hidalgo County, [and] the county clerk
of Cameron County, and the county clerk of Nueces County may assess
an additional fee not to exceed $10 for a real property records
filing to fund the construction, renovation, or improvement of
court facilities, if authorized by the commissioners court of the
county.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.