| |
| |
| |
|
|
|
|
|
relating to the imposition of additional fees for filing civil |
|
|
cases and for recording certain documents in Hidalgo County and |
|
|
Cameron 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 51.711 to read as follows: |
|
|
Sec. 51.711. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
|
|
HIDALGO COUNTY AND CAMERON COUNTY. (a) This section applies only |
|
|
to district courts, statutory probate courts, and county courts at |
|
|
law in Hidalgo County and Cameron 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 Hidalgo |
|
|
County or Cameron 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 the county in which the court is |
|
|
located 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 |
|
|
in the county collecting the fee. |
|
|
(e) This section applies only to fees for a 12-month period |
|
|
beginning October 1, if the commissioners court of the county |
|
|
collecting the fee: |
|
|
(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, 2030, allowing the county to |
|
|
collect fees under the terms of this section until the resolution is |
|
|
rescinded. |
|
|
(g) The commissioners court of the county collecting the fee |
|
|
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) Hidalgo County or Cameron 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 and the clerk of a district court in Cameron County |
|
|
shall collect an additional filing fee of not more than $20 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 and the clerk of a statutory county court in |
|
|
Cameron County shall collect an additional filing fee of not more |
|
|
than $20 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 $20 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. Section 118.011, Local Government Code, is |
|
|
amended by adding Subsection (g) to read as follows: |
|
|
(g) The county clerk of a county shall, if the commissioners |
|
|
court of the county adopts the fee, collect the following fee from |
|
|
any person: |
|
|
Real Property Records Filing (Sec. 118.0131) |
|
|
. . . . . . . not more than $10 |
|
|
SECTION 6. Subchapter B, Chapter 118, Local Government |
|
|
Code, is amended by adding Section 118.0131 to read as follows: |
|
|
Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES: |
|
|
HIDALGO COUNTY AND CAMERON COUNTY. The county clerk of Hidalgo |
|
|
County and the county clerk of Cameron County may assess an |
|
|
additional fee not to exceed $10 for real property records filing to |
|
|
fund the construction, renovation, or improvement of court |
|
|
facilities, if authorized by the commissioners court of the county. |
|
|
SECTION 7. The changes in law made by this Act apply only to |
|
|
a fee that becomes payable on or after the effective date of this |
|
|
Act. A fee that becomes payable before that date is governed by the |
|
|
law in effect when the fee became payable, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 8. 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. |
|
|
|
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1964 passed the Senate on |
|
|
April 29, 2015, by the following vote: Yeas 29, Nays 2; |
|
|
May 29, 2015, Senate refused to concur in House amendment and |
|
|
requested appointment of Conference Committee; May 29, 2015, House |
|
|
granted request of the Senate; May 31, 2015, Senate adopted |
|
|
Conference Committee Report by the following vote: Yeas 27, |
|
|
Nays 4. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1964 passed the House, with |
|
|
amendment, on May 27, 2015, by the following vote: Yeas 138, |
|
|
Nays 6, two present not voting; May 29, 2015, House granted request |
|
|
of the Senate for appointment of Conference Committee; |
|
|
May 31, 2015, House adopted Conference Committee Report by the |
|
|
following vote: Yeas 143, Nays 1, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |