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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

House Bill 2359

House Author:  Hartnett

Effective:  9-1-07

Senate Sponsor:  Wentworth


            House Bill 2359 amends the Government Code and the Local Government Code to require all statutory county probate courts to impose an additional $40 filing fee in each probate, guardianship, mental health, or civil case filed in the respective court to be used for court-related purposes for the support of the judiciary by repealing provisions that restricted the fee's collection to the statutory probate courts in certain counties where the fee was authorized by the county commissioners court.  The bill requires the fees to be submitted to the comptroller of public accounts, deposited into the judicial fund, and remitted to each county in a proportionate manner as specified if excess contributions are available.  The determination and remittance of excess contributions applies beginning with the determination and remittance occurring at the end of state fiscal year 2008.  The bill also requires the state to pay $5,000 of the annual salary of a presiding judge of the probate courts in equal monthly installments from amounts deposited in the judicial fund and appropriated for that purpose and provides that the remainder of the salary and expenses is paid by the counties that have statutory probate courts.