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
  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.
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