By Gallego                                            H.B. No. 1597
       74R4488 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the fee collected by counties for handling trust funds
    1-3  for the benefit of litigants in civil proceedings.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 117.055(a), Local Government Code, is
    1-6  amended to read as follows:
    1-7        (a)  To compensate the county for the accounting and
    1-8  administrative expenses incurred in handling the trust funds for
    1-9  the benefit of litigants in civil proceedings, including funds
   1-10  delivered to the county or district clerk in an interpleader action
   1-11  or under Chapter 142, Property Code, the county or district clerk
   1-12  may collect from <the nonprevailing party in the litigation or
   1-13  from> the party the court designates at the time the funds are
   1-14  delivered to the clerk a fee in an amount set by the commissioners
   1-15  court, but not to exceed $50.  The fee is in addition to any fees
   1-16  the county or district clerk collects as authorized by statute or
   1-17  court order.  If the court fails to designate the party responsible
   1-18  for paying the fee, the county or district clerk may deduct the fee
   1-19  from the trust funds delivered to the clerk.
   1-20        SECTION 2.  The importance of this legislation and the
   1-21  crowded condition of the calendars in both houses create an
   1-22  emergency and an imperative public necessity that the
   1-23  constitutional rule requiring bills to be read on three several
   1-24  days in each house be suspended, and this rule is hereby suspended.