By: Hartnett H.B. No. 2860
73R6997 MWV-F
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.