Bill Text: TX SB1964 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the imposition of additional fees for filing civil cases and for recording certain documents in Hidalgo County and Cameron County.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Enrolled - Dead) 2015-06-19 - Effective immediately [SB1964 Detail]

Download: Texas-2015-SB1964-Enrolled.html

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S.B. No. 1964

relating to the imposition of additional fees for filing civil
cases and for recording certain documents in Hidalgo County and
Cameron 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 51.711 to read as follows:
Sec. 51.711. ADDITIONAL FILING FEE FOR CIVIL CASES IN
HIDALGO COUNTY AND CAMERON COUNTY. (a) This section applies only
to district courts, statutory probate courts, and county courts at
law in Hidalgo County and Cameron 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 Hidalgo
County or Cameron 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 the county in which the court is
located 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
in the county collecting the fee.
(e) This section applies only to fees for a 12-month period
beginning October 1, if the commissioners court of the county
collecting the fee:
(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, 2030, 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) 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, 2030.
(i) Hidalgo County or Cameron 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 101.061192 to read as follows:
Sec. 101.061192. 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
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 101.081191 to read as follows:
Sec. 101.081191. 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 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 101.10119 to read as follows:
Sec. 101.10119. 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 construction, renovation, or improvement of
court facilities, if authorized by the county commissioners court.
SECTION 5. Section 118.011, Local Government Code, is
amended by adding Subsection (g) to read as follows:
(g) The county clerk of a county shall, if the commissioners
court of the county adopts the fee, collect the following fee from
any person:
Real Property Records Filing (Sec. 118.0131)
. . . . . . . not more than $10
SECTION 6. Subchapter B, Chapter 118, Local Government
Code, is amended by adding Section 118.0131 to read as follows:
Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES:
HIDALGO COUNTY AND CAMERON COUNTY. The county clerk of Hidalgo
County and the county clerk of Cameron County may assess an
additional fee not to exceed $10 for real property records filing to
fund the construction, renovation, or improvement of court
facilities, if authorized by the commissioners court of the county.
SECTION 7. The changes in law made by this Act apply only to
a fee that becomes payable on or after the effective date of this
Act. A fee that becomes payable before that date is governed by the
law in effect when the fee became payable, and the former law is
continued in effect for that purpose.
SECTION 8. 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1964 passed the Senate on
April 29, 2015, by the following vote: Yeas 29, Nays 2;
May 29, 2015, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 29, 2015, House
granted request of the Senate; May 31, 2015, Senate adopted
Conference Committee Report by the following vote: Yeas 27,
Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1964 passed the House, with
amendment, on May 27, 2015, by the following vote: Yeas 138,
Nays 6, two present not voting; May 29, 2015, House granted request
of the Senate for appointment of Conference Committee;
May 31, 2015, House adopted Conference Committee Report by the
following vote: Yeas 143, Nays 1, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor