Bill Text: TX SB1936 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to imposing additional fees for filing civil cases and recording certain documents in Nueces County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to State Affairs [SB1936 Detail]
Download: Texas-2019-SB1936-Introduced.html
86R12192 SRS-D | ||
By: Hinojosa | S.B. No. 1936 |
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relating to imposing additional fees for filing civil cases and | ||
recording certain documents in Nueces County. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 51, Government Code, is | ||
amended by adding Section 51.712 to read as follows: | ||
Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN | ||
NUECES COUNTY. (a) This section applies only to district courts | ||
and county courts at law in Nueces 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 $20 in | ||
each civil case filed in the court to be used for the construction, | ||
renovation, or improvement of the facilities that house the Nueces | ||
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 of Nueces County 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 Nueces County civil courts. | ||
(e) This section applies only to fees for a 12-month period | ||
beginning October 1, if the Commissioners Court of Nueces County: | ||
(1) adopts a resolution authorizing a fee of not more | ||
than $20; | ||
(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, 2034, allowing Nueces County to | ||
collect fees under the terms of this section until the resolution is | ||
rescinded. | ||
(g) The Commissioners Court of Nueces County 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, 2034. | ||
(i) Nueces County may make the required expenditure | ||
described by Subsection (e)(2) at any time, regardless of when the | ||
expenditure from the special account occurs. | ||
(j) This section expires September 1, 2035. | ||
SECTION 2. Subchapter D, Chapter 101, Government Code, is | ||
amended by adding Section 101.06112 to read as follows: | ||
Sec. 101.06112. ADDITIONAL DISTRICT COURT FEES FOR COURT | ||
FACILITIES: GOVERNMENT CODE. The clerk of a district court in | ||
Nueces County shall collect an additional filing fee of not more | ||
than $20 under Section 51.712, 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 101.08112 to read as follows: | ||
Sec. 101.08112. ADDITIONAL STATUTORY COUNTY COURT FEES FOR | ||
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county | ||
court in Nueces County shall collect an additional filing fee of not | ||
more than $20 under Section 51.712, Government Code, in civil cases | ||
to fund the construction, renovation, or improvement of court | ||
facilities, if authorized by the county commissioners court. | ||
SECTION 4. Section 118.0131, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES | ||
IN CERTAIN COUNTIES [ |
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of Cameron County, and the county clerk of Nueces County may assess | ||
an additional fee not to exceed $10 for a real property records | ||
filing to fund the construction, renovation, or improvement of | ||
court facilities, if authorized by the commissioners court of the | ||
county. | ||
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, 2019. |