87R6695 ANG-D
 
  By: Hinojosa S.B. No. 643
 
 
 
A BILL TO BE ENTITLED
 
  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.