Bill Text: TX HB1234 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to filing fees imposed in civil cases in Hidalgo County and Cameron County.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Enrolled - Dead) 2017-06-15 - Effective on 9/1/17 [HB1234 Detail]
Download: Texas-2017-HB1234-Enrolled.html
H.B. No. 1234 |
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relating to filing fees imposed in civil cases in Hidalgo County and | ||
Cameron County. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.711, Government Code, is amended by | ||
amending Subsections (b), (f), (g), (h), and (i) and adding | ||
Subsection (e-1) to read as follows: | ||
(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 Hidalgo County or Cameron 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 Hidalgo County or Cameron County civil courts. | ||
(e-1) If Hidalgo County or Cameron County has adopted a | ||
resolution authorizing a fee as provided by Subsection (e) that is | ||
abolished on or before October 1, 2030, the county may: | ||
(1) adopt a resolution authorizing the fee adopted | ||
under Subsection (e) to continue until October 1, 2045; | ||
(2) adopt a resolution providing that the county must | ||
continue 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) file the resolution adopted under this subsection | ||
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 county has authorized the fee to continue to be collected | ||
through October 1, 2045. | ||
(f) A resolution adopted under Subsection (e) continues | ||
from year to year until October 1, 2030, if adopted under Subsection | ||
(e) before September 1, 2017, or October 1, 2045, if adopted under | ||
Subsection (e) on or after September 1, 2017, allowing the county to | ||
collect fees under the terms of this section until the resolution is | ||
rescinded. A resolution adopted under Subsection (e-1) continues | ||
from year to year until October 1, 2045, allowing the county to | ||
collect fees under the terms of this section until the resolution is | ||
rescinded. | ||
(g) The commissioners court of the county collecting the fee | ||
may rescind a resolution adopted under Subsection (e) or (e-1) 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 [ |
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(h) A fee established under a particular resolution is | ||
abolished on the earlier of: | ||
(1) the date a resolution adopted under Subsection (e) | ||
or (e-1) is rescinded as provided by Subsection (g); [ |
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(2) October 1, 2030, if adopted under Subsection (e) | ||
before September 1, 2017; | ||
(3) October 1, 2045, if adopted under Subsection (e) | ||
on or after September 1, 2017; or | ||
(4) October 1, 2045, if adopted under Subsection | ||
(e-1). | ||
(i) Hidalgo County or Cameron County may make the required | ||
expenditure described by Subsection (e)(2) or (e-1)(2) at any time, | ||
regardless of when the expenditure from the special account occurs. | ||
SECTION 2. Subchapter D, Chapter 101, Government Code, is | ||
amended by adding Section 101.061194 to read as follows: | ||
Sec. 101.061194. ADDITIONAL DISTRICT COURT FEES FOR COURT | ||
FACILITIES: GOVERNMENT CODE. The clerk of a district court in | ||
Hidalgo County and the clerk of a district court in Cameron County | ||
shall collect an additional filing fee of not more than $20 under | ||
Section 51.711, Government Code, in civil cases to fund the payment | ||
of the principal of, interest on, and costs of issuance of bonds, | ||
including refunding bonds, issued for 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 101.081193 to read as follows: | ||
Sec. 101.081193. ADDITIONAL STATUTORY COUNTY COURT FEES FOR | ||
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county | ||
court in Hidalgo County and the clerk of a statutory county court in | ||
Cameron County shall collect an additional filing fee of not more | ||
than $20 under Section 51.711, Government Code, in civil cases to | ||
fund the payment of the principal of, interest on, and costs of | ||
issuance of bonds, including refunding bonds, issued for the | ||
construction, renovation, or improvement of court facilities, if | ||
authorized by the county commissioners court. | ||
SECTION 4. Subchapter F, Chapter 101, Government Code, is | ||
amended by adding Section 101.101192 to read as follows: | ||
Sec. 101.101192. ADDITIONAL STATUTORY PROBATE COURT FEES | ||
FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory | ||
probate court in Hidalgo County shall collect an additional filing | ||
fee of not more than $20 under Section 51.711, Government Code, in | ||
civil cases to fund the payment of the principal of, interest on, | ||
and costs of issuance of bonds, including refunding bonds, issued | ||
for the construction, renovation, or improvement of court | ||
facilities, if authorized by the county commissioners court. | ||
SECTION 5. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1234 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1234 on May 26, 2017, by the following vote: Yeas 139, Nays 5, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1234 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 28, Nays | ||
3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |