73R6997 MWV-F
          By Hartnett                                           H.B. No. 2860
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the district and county courts administrator and court
    1-3  services department of Dallas County; authorizing fees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 152.0633(a) and (h), Human Resources
    1-6  Code, are amended to read as follows:
    1-7        (a)  A court services department may be established.  The
    1-8  district and county courts administrator is the chief
    1-9  administrative officer of the court services department of Dallas
   1-10  County.  The local administrative judge may designate a person to
   1-11  perform the duties of the chief administrative officer of the court
   1-12  services department under the direction and control of the district
   1-13  and county courts administrator.
   1-14        (h)  The department may initiate a contempt action or other
   1-15  action to establish or enforce a court order for child support, to
   1-16  enforce possession of or access to a child, or to collect a fee or
   1-17  cost authorized under  Section 152.0634 or 152.0635, including
   1-18  attorney's fees and court costs.  This subsection does not affect
   1-19  the authority of another person to initiate a contempt action or
   1-20  other action to establish or enforce a court order for child
   1-21  support, to enforce possession of or access to a child, or to
   1-22  collect a fee or cost provided by general law.
   1-23        SECTION 2.  Sections 152.0635(c) and (g), Human Resources
   1-24  Code, are amended to read as follows:
    2-1        (c)  The judge ordering payment may direct that a fee be
    2-2  assessed against the payee or payor in an amount not to exceed $10
    2-3  for each month <of spousal and child support and may set the fee at
    2-4  a percentage of not more than four percent of the payment
    2-5  collected>.  The administrator shall collect the fee from each
    2-6  support payment made through the court services department.  The
    2-7  court may designate a person to collect the fee for the
    2-8  administrator.  The fee ordered and paid under this subsection is
    2-9  in lieu of a fee under Subsections (a) and (b).
   2-10        (g)  A fee collected under this section shall be sent to the
   2-11  county treasurer.  The county treasurer shall deposit the fee in a
   2-12  special fund.  The local administrative judge shall administer the
   2-13  fund to assist in the payment of the operating expenses of the
   2-14  court services department and the court masters and referees in the
   2-15  district courts in Dallas County that give preference to juvenile
   2-16  and family law matters including suits under Title 3, Family Code.
   2-17  The local administrative judge may direct that an amount not
   2-18  exceeding one-half percent of the total fees collected under this
   2-19  section be allocated to reimburse the accounts of the registry for
   2-20  errors, omissions, and uncollectible cash instruments.
   2-21        SECTION 3.  This Act takes effect September 1, 1993.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.