87R6695 ANG-D
By: Hinojosa S.B. No. 643
A BILL TO BE ENTITLED
relating to authorizing the imposition of additional fees for
filing civil cases 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:
(1) for the construction, renovation, or improvement
of the facilities that house the Nueces County civil courts; and
(2) to pay the principal of, interest on, and costs of
issuance of bonds, including refunding bonds, issued 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 an order authorizing a fee of not more than
$20;
(2) adopts an order requiring the county to spend one
dollar for the construction, renovation, or improvement of the
facilities that house the Nueces County civil courts for each
dollar spent from the special account dedicated to that purpose;
and
(3) files the orders 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) An order adopted under Subsection (e) continues from
year to year until October 1, 2036, allowing Nueces County to
collect fees under the terms of this section until the order is
rescinded.
(g) The Commissioners Court of Nueces County may rescind an
order adopted under Subsection (e) by adopting an order rescinding
the order and submitting the rescission order 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
authorization order in the manner provided by Subsection (e) after
rescinding a previous order under that subsection.
(h) A fee established under a particular order is abolished
on the earlier of:
(1) the date an order adopted under Subsection (e) is
rescinded as provided by Subsection (g); or
(2) October 1, 2036.
(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, 2037.
SECTION 2. (a) Notwithstanding Section 51.607(c),
Government Code, the clerk of a court may begin collecting the fee
authorized by Section 51.712(b), Government Code, as added by this
Act, October 1, 2021, if:
(1) the requirements of Section 51.712, Government
Code, as added by this Act, are satisfied; and
(2) this Act is passed by a record vote of two-thirds
of all the members elected to each house of the legislature on final
consideration in each house, as required by Section 46(d), Article
III, Texas Constitution.
(b) If this Act does not receive the vote specified by
Subsection (a)(2) of this section, the clerk of a court may not
begin collecting the fee authorized by Section 51.712(b),
Government Code, as added by this Act, until October 1 of the first
year after 2021 in which the requirements of Section 51.712,
Government Code, as added by this Act, are satisfied.
SECTION 3. 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, 2021.