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.