Bill Text: TX HB2028 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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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

A BILL TO BE ENTITLED
AN ACT
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rescinded.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.