| |
| |
| |
|
|
AN ACT
|
|
|
relating to an additional filing fee for civil cases filed in Bexar |
|
|
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 51.706 to read as follows: |
|
|
Sec. 51.706. ADDITIONAL FILING FEE FOR CIVIL CASES IN BEXAR |
|
|
COUNTY. (a) This section applies only to district courts, |
|
|
statutory probate courts, and county courts at law in Bexar 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 Bexar |
|
|
County civil and criminal courts. The fee does not apply to a suit |
|
|
affecting the parent-child relationship for the adoption of a child |
|
|
or the termination of parental rights. |
|
|
(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 at least monthly 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. 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 Bexar County civil and criminal courts. |
|
|
(e) This section applies only to the collection of fees for |
|
|
a 12-month period beginning October 1, if the commissioners court: |
|
|
(1) adopts a resolution authorizing a fee of not more |
|
|
than $15; |
|
|
(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, 2024, allowing the county to |
|
|
collect fees in accordance with 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 another resolution in the |
|
|
manner provided by Subsection (e) after rescinding a previous |
|
|
resolution adopted 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, 2024. |
|
|
(i) The county may make the expenditure required under |
|
|
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 101.06111 to read as follows: |
|
|
Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
|
|
CODE. The clerk of a district court in Bexar County shall collect |
|
|
an additional filing fee not to exceed $15 under Section 51.706, |
|
|
Government Code, in certain civil cases to fund the improvement of |
|
|
court facilities, if authorized by the county commissioners court. |
|
|
SECTION 3. Subchapter E, Chapter 101, Government Code, is |
|
|
amended by adding Section 101.08111 to read as follows: |
|
|
Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES: |
|
|
GOVERNMENT CODE. The clerk of a statutory county court in Bexar |
|
|
County shall collect an additional filing fee not to exceed $15 |
|
|
under Section 51.706, Government Code, in certain civil cases to |
|
|
fund the improvement of court facilities, if authorized by the |
|
|
county commissioners court. |
|
|
SECTION 4. Subchapter F, Chapter 101, Government Code, is |
|
|
amended by adding Section 101.10111 to read as follows: |
|
|
Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES: |
|
|
GOVERNMENT CODE. The clerk of a statutory probate court in Bexar |
|
|
County shall collect an additional filing fee not to exceed $15 |
|
|
under Section 51.706, Government Code, in certain civil cases to |
|
|
fund the 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, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 144 was passed by the House on April |
|
|
28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 144 was passed by the Senate on May |
|
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |