Bill Text: TX SB643 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to authorizing the imposition of additional fees for filing civil cases in Nueces County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Jurisprudence [SB643 Detail]
Download: Texas-2021-SB643-Introduced.html
| 87R6695 ANG-D | ||
| By: Hinojosa | S.B. No. 643 | |
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| relating to authorizing the imposition of additional fees for | ||
| filing civil cases 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: | ||
| (1) for the construction, renovation, or improvement | ||
| of the facilities that house the Nueces County civil courts; and | ||
| (2) to pay the principal of, interest on, and costs of | ||
| issuance of bonds, including refunding bonds, issued 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 an order authorizing a fee of not more than | ||
| $20; | ||
| (2) adopts an order requiring the county to spend one | ||
| dollar for the construction, renovation, or improvement of the | ||
| facilities that house the Nueces County civil courts for each | ||
| dollar spent from the special account dedicated to that purpose; | ||
| and | ||
| (3) files the orders 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) An order adopted under Subsection (e) continues from | ||
| year to year until October 1, 2036, allowing Nueces County to | ||
| collect fees under the terms of this section until the order is | ||
| rescinded. | ||
| (g) The Commissioners Court of Nueces County may rescind an | ||
| order adopted under Subsection (e) by adopting an order rescinding | ||
| the order and submitting the rescission order 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 | ||
| authorization order in the manner provided by Subsection (e) after | ||
| rescinding a previous order under that subsection. | ||
| (h) A fee established under a particular order is abolished | ||
| on the earlier of: | ||
| (1) the date an order adopted under Subsection (e) is | ||
| rescinded as provided by Subsection (g); or | ||
| (2) October 1, 2036. | ||
| (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, 2037. | ||
| SECTION 2. (a) Notwithstanding Section 51.607(c), | ||
| Government Code, the clerk of a court may begin collecting the fee | ||
| authorized by Section 51.712(b), Government Code, as added by this | ||
| Act, October 1, 2021, if: | ||
| (1) the requirements of Section 51.712, Government | ||
| Code, as added by this Act, are satisfied; and | ||
| (2) this Act is passed by a record vote of two-thirds | ||
| of all the members elected to each house of the legislature on final | ||
| consideration in each house, as required by Section 46(d), Article | ||
| III, Texas Constitution. | ||
| (b) If this Act does not receive the vote specified by | ||
| Subsection (a)(2) of this section, the clerk of a court may not | ||
| begin collecting the fee authorized by Section 51.712(b), | ||
| Government Code, as added by this Act, until October 1 of the first | ||
| year after 2021 in which the requirements of Section 51.712, | ||
| Government Code, as added by this Act, are satisfied. | ||
| SECTION 3. 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, 2021. | ||
