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AN ACT
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relating to the imposition of additional fees for filing civil |
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cases in Willacy County and Starr County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 51, Government Code, is |
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amended by adding Section 51.713 to read as follows: |
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Sec. 51.713. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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WILLACY COUNTY AND STARR COUNTY. (a) This section applies only to: |
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(1) district courts, the constitutional county court, |
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and justice courts in Willacy County; and |
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(2) district courts, the county court at law, and |
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justice courts in Starr County. |
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(b) Except as otherwise provided by this section and in |
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addition to all other fees authorized or required by other law, the |
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clerk of a court shall collect a filing fee of not more than $20 in |
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each civil case filed in the court, if the fee is authorized by the |
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commissioners court of the county collecting the fee. A fee |
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collected under this section is to be used: |
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(1) for the construction, renovation, or improvement |
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of the facilities that house the Willacy County or Starr County |
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civil courts; and |
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(2) to pay the principal of, interest on, and costs of |
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issuance of bonds issued for the construction, renovation, or |
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improvement of the facilities that house the Willacy County or |
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Starr County civil courts. |
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(c) Court fees due under this section shall be collected in |
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the same manner as other fees, fines, or costs are collected in the |
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case. |
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(d) The clerk shall send the fees collected under this |
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section to the county treasurer of the county in which the court is |
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located or to any other official who discharges the duties commonly |
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assigned to the county treasurer at least as frequently as monthly. |
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The treasurer or other official shall deposit the fees in a special |
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account in the county treasury dedicated to: |
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(1) the construction, renovation, or improvement of |
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the facilities that house the Willacy County or Starr County civil |
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courts; and |
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(2) pay the principal of, interest on, and costs of |
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issuance of bonds issued for the construction, renovation, or |
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improvement of the facilities that house the Willacy County or |
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Starr County civil courts. |
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(e) This section applies only to fees for a 12-month period |
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beginning October 1, if the commissioners court of the county |
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collecting the fee: |
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(1) adopts a resolution authorizing a fee of not more |
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than $20; |
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(2) adopts a resolution requiring the county to spend |
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one dollar for the construction, renovation, or improvement of the |
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court facilities or to pay the principal of, interest on, and costs |
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of issuance of bonds issued for the construction of court |
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facilities for each dollar spent from the special account dedicated |
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to that purpose; and |
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(3) files the resolutions with the county treasurer or |
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with any other official who discharges the duties commonly assigned |
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to the county treasurer not later than September 1 immediately |
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preceding the first 12-month period during which the fees are to be |
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collected. |
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(f) A resolution adopted under Subsection (e) continues |
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from year to year until October 1, 2045, allowing the county to |
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collect fees under the terms of this section until the resolution is |
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rescinded. |
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(g) The commissioners court of the county collecting the fee |
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may rescind a resolution adopted under Subsection (e) by adopting a |
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resolution rescinding the resolution and submitting the rescission |
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resolution to the county treasurer or to any other official who |
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discharges the duties commonly assigned to the county treasurer not |
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later than September 1 preceding the beginning of the first day of |
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the county fiscal year. The commissioners court may adopt an |
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additional resolution in the manner provided by Subsection (e) |
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after rescinding a previous resolution under that subsection. |
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(h) A fee established under a particular resolution is |
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abolished on the earlier of: |
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(1) the date a resolution adopted under Subsection (e) |
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is rescinded as provided by Subsection (g); or |
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(2) October 1, 2045. |
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(i) Willacy County or Starr County may make the required |
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expenditure described by Subsection (e)(2) at any time, regardless |
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of when the expenditure from the special account occurs. |
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SECTION 2. Subchapter D, Chapter 101, Government Code, is |
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amended by adding Section 101.061194 to read as follows: |
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Sec. 101.061194. ADDITIONAL DISTRICT COURT FEES FOR COURT |
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FACILITIES: GOVERNMENT CODE. The clerk of a district court in |
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Willacy County and the clerk of a district court in Starr County |
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shall collect an additional filing fee of not more than $20 under |
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Section 51.713, Government Code, in civil cases to fund the: |
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(1) construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court; and |
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(2) payment of the principal of, interest on, and |
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costs of issuance of bonds issued for the construction, renovation, |
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or improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 3. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.081195 to read as follows: |
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Sec. 101.081195. ADDITIONAL STATUTORY COUNTY COURT FEES FOR |
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COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county |
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court in Starr County shall collect an additional filing fee of not |
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more than $20 under Section 51.713, Government Code, in civil cases |
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to fund the: |
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(1) construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court; and |
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(2) payment of the principal of, interest on, and |
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costs of issuance of bonds issued for the construction, renovation, |
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or improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 4. Subchapter G, Chapter 101, Government Code, is |
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amended by adding Section 101.12122 to read as follows: |
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Sec. 101.12122. ADDITIONAL COUNTY COURT FEES FOR COURT |
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FACILITIES: GOVERNMENT CODE. The clerk of the county court in |
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Willacy County shall collect an additional filing fee of not more |
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than $20 under Section 51.713, Government Code, in civil cases to |
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fund the: |
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(1) construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court; and |
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(2) payment of the principal of, interest on, and |
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costs of issuance of bonds issued for the construction, renovation, |
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or improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 5. Subchapter H, Chapter 101, Government Code, is |
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amended by adding Section 101.143 to read as follows: |
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Sec. 101.143. ADDITIONAL JUSTICE COURT FEES FOR COURT |
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FACILITIES COLLECTED BY CLERK. The clerk of a justice court in |
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Willacy County and the clerk of a justice court in Starr County |
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shall collect an additional filing fee of not more than $20 under |
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Section 51.713, Government Code, in civil cases to fund the: |
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(1) construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court; and |
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(2) payment of the principal of, interest on, and |
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costs of issuance of bonds issued for the construction, renovation, |
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or improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 6. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2875 was passed by the House on May 9, |
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2017, by the following vote: Yeas 143, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2875 on May 26, 2017, by the following vote: Yeas 143, Nays 2, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2875 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 27, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |