Bill Text: TX SB1891 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the imposition of an additional fee for filing civil cases in certain Travis County courts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1891 Detail]
Download: Texas-2013-SB1891-Enrolled.html
S.B. No. 1891 |
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relating to the imposition of an additional fee for filing civil | ||
cases in certain Travis County courts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 51, Government Code, is | ||
amended by adding Section 51.709 to read as follows: | ||
Sec. 51.709. ADDITIONAL FILING FEE FOR CIVIL CASES IN | ||
TRAVIS COUNTY. (a) This section applies only to district courts, | ||
probate courts, and county courts at law in Travis 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 $15 in | ||
each civil case filed in the court to be used for the construction, | ||
renovation, or improvement of the facilities that house the Travis | ||
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 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 courts collecting the fee. | ||
(e) This section applies only to fees for a 12-month period | ||
beginning October 1, if the commissioners court: | ||
(1) adopts a resolution authorizing a fee of not more | ||
than $15; | ||
(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, 2028, allowing the county to | ||
collect fees under the terms of this section until the resolution is | ||
rescinded. | ||
(g) The commissioners court 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 June 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, 2028. | ||
(i) The county may make the required expenditure described | ||
by Subsection (e)(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 101.06120 to read as follows: | ||
Sec. 101.06120. ADDITIONAL DISTRICT COURT FEES FOR COURT | ||
FACILITIES: GOVERNMENT CODE. The clerk of a district court in | ||
Travis County shall collect an additional filing fee of not more | ||
than $15 under Section 51.709, 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 101.08119 to read as follows: | ||
Sec. 101.08119. ADDITIONAL STATUTORY COUNTY COURT FEES FOR | ||
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county | ||
court in Travis County shall collect an additional filing fee of not | ||
more than $15 under Section 51.709, Government Code, in civil cases | ||
to fund 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 101.10118 to read as follows: | ||
Sec. 101.10118. ADDITIONAL STATUTORY PROBATE COURT FEES FOR | ||
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory | ||
probate court in Travis County shall collect an additional filing | ||
fee of not more than $15 under Section 51.709, Government Code, in | ||
civil cases to fund the construction, renovation, or improvement of | ||
court facilities, if authorized by the county commissioners court. | ||
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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1891 passed the Senate on | ||
May 8, 2013, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1891 passed the House on | ||
May 22, 2013, by the following vote: Yeas 136, Nays 12, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |