Bill Text: TX HB2028 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an additional fee for filing civil cases in certain Rockwall County courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-05 - Referred to Jurisprudence [HB2028 Detail]
Download: Texas-2011-HB2028-Comm_Sub.html
Bill Title: Relating to an additional fee for filing civil cases in certain Rockwall County courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-05 - Referred to Jurisprudence [HB2028 Detail]
Download: Texas-2011-HB2028-Comm_Sub.html
| 82R12202 PMO-F | |||
| By: Hartnett | H.B. No. 2028 | ||
| Substitute the following for H.B. No. 2028: | |||
| By: Jackson | C.S.H.B. No. 2028 | ||
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| relating to an additional fee for filing civil cases in certain | ||
| Rockwall 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 | ||
| ROCKWALL COUNTY. (a) This section applies only to district courts, | ||
| statutory probate courts, county courts at law, and justice courts | ||
| in Rockwall 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 courts | ||
| collecting the fee. | ||
| (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 at least as frequently as monthly. | ||
| The treasurer 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 July 1, if the commissioners court: | ||
| (1) adopts a resolution authorizing a fee of not more | ||
| than $15; and | ||
| (2) files the resolution with the county treasurer not | ||
| later than June 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 July 1, 2025, allowing the county to collect | ||
| fees under the terms of this section until the resolution is | ||
| rescinded. | ||
| (g) The commissioners court may rescind the resolution | ||
| adopted under Subsection (e) by adopting a resolution rescinding | ||
| the resolution and submitting the recision resolution 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) July 1, 2025. | ||
| 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 | ||
| Rockwall 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 Rockwall 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 Rockwall 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. Subchapter H, Chapter 101, Government Code, is | ||
| amended by adding Section 101.142 to read as follows: | ||
| Sec. 101.142. ADDITIONAL JUSTICE COURT FEE FOR COURT | ||
| FACILITIES COLLECTED BY CLERK. The clerk of a justice court in | ||
| Rockwall 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 6. 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, 2011. | ||
