S.B. No. 770
AN ACT
1-1 relating to fees collected by certain county officers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (f), Section 118.131, Local Government
1-4 Code, is amended to read as follows:
1-5 (f) On or before October 15 of the <each> year in which the
1-6 fees are initially set, the commissioners court shall provide
1-7 written notice of the amounts of the fees <set under this section>
1-8 to the comptroller. If the commissioners court changes the amount
1-9 of a fee set under this section, the commissioners court shall
1-10 provide to the comptroller, on or before October 15 of the year in
1-11 which the amount is changed, a written notice of the change in the
1-12 amount of the fee. Before December 15 of each year, the
1-13 comptroller shall compile the fee information provided by counties
1-14 and send the compilation to:
1-15 (1) the commissioners court of each county in this
1-16 state;
1-17 (2) any statewide association of counties or of
1-18 officers of counties that requests in writing before December 15 to
1-19 be informed; and
1-20 (3) the State Bar of Texas.
1-21 SECTION 2. Section 51.601, Government Code, is amended to
1-22 read as follows:
1-23 Sec. 51.601. COURT REPORTER SERVICE FEE. (a) The clerk of
1-24 each court that has an official court reporter shall collect a
2-1 court reporter service fee of $15 as a court cost in each civil
2-2 case filed with the clerk to maintain a court reporter who is
2-3 available for assignment in the court <in which a record of
2-4 evidence presented in the case is made by the reporter>.
2-5 (b) The clerk shall collect this fee in the manner provided
2-6 for other court costs and shall deliver the fee to the county
2-7 treasurer, or the person who performs the duties of the county
2-8 treasurer, <deposit the fee to the credit of the general fund> of
2-9 the county in which the court sits. The county treasurer, or the
2-10 person who performs the duties of the county treasurer, shall
2-11 deposit the fees received into the court reporter service fund.
2-12 (c) The commissioners court of the county shall administer
2-13 the court reporter service fund to assist in the payment of
2-14 court-reporter-related services, that may include maintaining an
2-15 adequate number of court reporters to provide services to the
2-16 courts, obtaining court reporter transcription services,
2-17 closed-caption transcription machines, Braille transcription
2-18 services, or other transcription services to comply with state or
2-19 federal laws, or providing any other service related to the
2-20 functions of a court reporter.
2-21 (d) The commissioners court shall, in administering the
2-22 court reporter service fund, assist any court in which a case is
2-23 filed that requires the payment of the court reporter service fee.
2-24 (e) <(b)> This section does not apply to an action brought
2-25 to collect delinquent taxes.
2-26 SECTION 3. Section 51.702, Government Code, is amended by
2-27 amending Subsections (f) and (g) and by adding Subsections (h),
3-1 (i), (j), and (k) to read as follows:
3-2 (f) This section applies only to fees and costs for a
3-3 12-month period beginning July 1 in a county in which the
3-4 commissioners court:
3-5 (1) adopts a resolution authorizing the fees and costs
3-6 under this section <for the 12-month period>; and
3-7 (2) files the resolution with the comptroller not
3-8 later than June 1 immediately preceding the first 12-month period
3-9 during which the fees and costs are to be collected.
3-10 (g) A resolution under Subsection (f) continues from year to
3-11 year allowing the county to collect fees and costs under the terms
3-12 of this section until the resolution is rescinded.
3-13 (h) A commissioners court that desires to rescind a
3-14 resolution adopted under Subsection (f) must submit to the
3-15 comptroller not later than June 1 preceding the beginning of the
3-16 first day of the state fiscal year the commissioners court desires
3-17 to rescind the resolution.
3-18 (i) A county that is not eligible to participate under
3-19 Subsection (f) on July 1 of a year but is eligible to participate
3-20 later in the year may submit a resolution meeting the requirements
3-21 of Subsection (f) to the comptroller. The comptroller shall
3-22 determine the date the county may begin to collect fees and costs
3-23 under this section. A county that begins to collect fees and costs
3-24 under this section after July 1 is not eligible for a payment by
3-25 the comptroller under Section 25.0015 until the 60th day after the
3-26 date the comptroller determines the county may begin to collect
3-27 fees and costs under this section.
4-1 (j) A clerk may not collect a fee under this section and
4-2 under Section 51.701.
4-3 (k) Money collected under this section after a county ceases
4-4 to participate in the collection of additional fees and costs under
4-5 this section shall be remitted to the comptroller. The money shall
4-6 be deposited in the judicial fund and shall be distributed to
4-7 counties currently participating under this section in the manner
4-8 described in Section 25.0005.
4-9 SECTION 4. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.