Bill Text: TX SB540 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the filing fee imposed in civil cases in Hidalgo County and Cameron County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-19 - Filed [SB540 Detail]
Download: Texas-2017-SB540-Introduced.html
85R5349 CAE-D | ||
By: Hinojosa | S.B. No. 540 |
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relating to the filing fee 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 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. Sections 101.061192, 101.081191, and 101.10119, | ||
Government Code, are amended 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: | ||
(1) construction, renovation, or improvement of court | ||
facilities, if authorized by the county commissioners court; and | ||
(2) payment of the principal of, interest on, and | ||
costs of issuance of bonds issued for the construction, renovation, | ||
or improvement of court facilities, if authorized by the county | ||
commissioners court. | ||
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: | ||
(1) construction, renovation, or improvement of court | ||
facilities, if authorized by the county commissioners court; and | ||
(2) payment of the principal of, interest on, and | ||
costs of issuance of bonds issued for the construction, renovation, | ||
or improvement of court facilities, if authorized by the county | ||
commissioners court. | ||
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: | ||
(1) construction, renovation, or improvement of court | ||
facilities, if authorized by the county commissioners court; and | ||
(2) payment of the principal of, interest on, and | ||
costs of issuance of bonds issued for the construction, renovation, | ||
or improvement of court facilities, if authorized by the county | ||
commissioners court. | ||
SECTION 3. This Act takes effect September 1, 2017. |