| 1 | 1 | | 87R6695 ANG-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 643 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | relating to authorizing the imposition of additional fees for |
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| 7 | 7 | | filing civil cases in Nueces County. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter H, Chapter 51, Government Code, is |
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| 10 | 10 | | amended by adding Section 51.712 to read as follows: |
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| 11 | 11 | | Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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| 12 | 12 | | NUECES COUNTY. (a) This section applies only to district courts |
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| 13 | 13 | | and county courts at law in Nueces County. |
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| 14 | 14 | | (b) Except as otherwise provided by this section and in |
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| 15 | 15 | | addition to all other fees authorized or required by other law, the |
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| 16 | 16 | | clerk of a court shall collect a filing fee of not more than $20 in |
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| 17 | 17 | | each civil case filed in the court to be used: |
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| 18 | 18 | | (1) for the construction, renovation, or improvement |
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| 19 | 19 | | of the facilities that house the Nueces County civil courts; and |
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| 20 | 20 | | (2) to pay the principal of, interest on, and costs of |
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| 21 | 21 | | issuance of bonds, including refunding bonds, issued for the |
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| 22 | 22 | | construction, renovation, or improvement of the facilities that |
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| 23 | 23 | | house the Nueces County civil courts. |
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| 24 | 24 | | (c) Court fees due under this section shall be collected in |
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| 25 | 25 | | the same manner as other fees, fines, or costs are collected in the |
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| 26 | 26 | | case. |
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| 27 | 27 | | (d) The clerk shall send the fees collected under this |
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| 28 | 28 | | section to the county treasurer of Nueces County or to any other |
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| 29 | 29 | | official who discharges the duties commonly assigned to the county |
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| 30 | 30 | | treasurer at least as frequently as monthly. The treasurer or other |
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| 31 | 31 | | official shall deposit the fees in a special account in the county |
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| 32 | 32 | | treasury dedicated to the construction, renovation, or improvement |
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| 33 | 33 | | of the facilities that house the Nueces County civil courts. |
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| 34 | 34 | | (e) This section applies only to fees for a 12-month period |
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| 35 | 35 | | beginning October 1, if the Commissioners Court of Nueces County: |
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| 36 | 36 | | (1) adopts an order authorizing a fee of not more than |
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| 37 | 37 | | $20; |
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| 38 | 38 | | (2) adopts an order requiring the county to spend one |
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| 39 | 39 | | dollar for the construction, renovation, or improvement of the |
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| 40 | 40 | | facilities that house the Nueces County civil courts for each |
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| 41 | 41 | | dollar spent from the special account dedicated to that purpose; |
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| 42 | 42 | | and |
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| 43 | 43 | | (3) files the orders with the county treasurer or with |
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| 44 | 44 | | any other official who discharges the duties commonly assigned to |
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| 45 | 45 | | the county treasurer not later than September 1 immediately |
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| 46 | 46 | | preceding the first 12-month period during which the fees are to be |
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| 47 | 47 | | collected. |
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| 48 | 48 | | (f) An order adopted under Subsection (e) continues from |
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| 49 | 49 | | year to year until October 1, 2036, allowing Nueces County to |
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| 50 | 50 | | collect fees under the terms of this section until the order is |
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| 51 | 51 | | rescinded. |
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| 52 | 52 | | (g) The Commissioners Court of Nueces County may rescind an |
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| 53 | 53 | | order adopted under Subsection (e) by adopting an order rescinding |
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| 54 | 54 | | the order and submitting the rescission order to the county |
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| 55 | 55 | | treasurer or to any other official who discharges the duties |
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| 56 | 56 | | commonly assigned to the county treasurer not later than September |
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| 57 | 57 | | 1 preceding the beginning of the first day of the county fiscal |
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| 58 | 58 | | year. The commissioners court may adopt an additional |
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| 59 | 59 | | authorization order in the manner provided by Subsection (e) after |
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| 60 | 60 | | rescinding a previous order under that subsection. |
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| 61 | 61 | | (h) A fee established under a particular order is abolished |
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| 62 | 62 | | on the earlier of: |
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| 63 | 63 | | (1) the date an order adopted under Subsection (e) is |
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| 64 | 64 | | rescinded as provided by Subsection (g); or |
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| 65 | 65 | | (2) October 1, 2036. |
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| 66 | 66 | | (i) Nueces County may make the required expenditure |
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| 67 | 67 | | described by Subsection (e)(2) at any time, regardless of when the |
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| 68 | 68 | | expenditure from the special account occurs. |
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| 69 | 69 | | (j) This section expires September 1, 2037. |
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| 70 | 70 | | SECTION 2. (a) Notwithstanding Section 51.607(c), |
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| 71 | 71 | | Government Code, the clerk of a court may begin collecting the fee |
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| 72 | 72 | | authorized by Section 51.712(b), Government Code, as added by this |
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| 73 | 73 | | Act, October 1, 2021, if: |
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| 74 | 74 | | (1) the requirements of Section 51.712, Government |
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| 75 | 75 | | Code, as added by this Act, are satisfied; and |
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| 76 | 76 | | (2) this Act is passed by a record vote of two-thirds |
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| 77 | 77 | | of all the members elected to each house of the legislature on final |
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| 78 | 78 | | consideration in each house, as required by Section 46(d), Article |
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| 79 | 79 | | III, Texas Constitution. |
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| 80 | 80 | | (b) If this Act does not receive the vote specified by |
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| 81 | 81 | | Subsection (a)(2) of this section, the clerk of a court may not |
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| 82 | 82 | | begin collecting the fee authorized by Section 51.712(b), |
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| 83 | 83 | | Government Code, as added by this Act, until October 1 of the first |
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| 84 | 84 | | year after 2021 in which the requirements of Section 51.712, |
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| 85 | 85 | | Government Code, as added by this Act, are satisfied. |
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| 86 | 86 | | SECTION 3. This Act takes effect immediately if it receives |
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| 87 | 87 | | a vote of two-thirds of all the members elected to each house, as |
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| 88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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| 90 | 90 | | Act takes effect September 1, 2021. |
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