Bill Text: TX HB2868 | 2015-2016 | 84th Legislature | Introduced

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

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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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB2868 Detail]

Download: Texas-2015-HB2868-Introduced.html

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84R11015 CAE-D
By: Martinez H.B. No. 2868

A BILL TO BE ENTITLED
AN ACT
relating to the imposition of an additional fee for filing civil
cases in certain Hidalgo 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 51.711 to read as follows:
Sec. 51.711. ADDITIONAL FILING FEE FOR CIVIL CASES IN
HIDALGO COUNTY. (a) This section applies only to district courts,
statutory probate courts, and county courts at law in Hidalgo
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 $25 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 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 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 collecting the fee.
(e) This section applies only to fees for a 12-month period
beginning October 1, if the commissioners court:
(1) adopts a resolution authorizing a fee of not more
than $25;
(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 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) The 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 shall collect an additional filing fee of not more
than $25 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 shall collect an additional filing fee of
not more than $25 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 $25 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. 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.