By: Leedom S.B. No. 770
A BILL TO BE ENTITLED
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 Fee. (a) The clerk of each
1-24 court that has an official court reporter shall collect a court
2-1 reporter fee of $15 as a court cost in each civil case in which a
2-2 record of evidence presented in the case is made by the reporter.
2-3 (b) The clerk shall collect this fee in the manner provided
2-4 for other court costs and shall deposit the fee to the credit of
2-5 the office of the court reporter in a special salary fund created
2-6 in the county depository <general fund> of the county in which the
2-7 court sits.
2-8 (c) The salary fund for the office of the court reporter
2-9 shall be created and administered in the same manner as provided
2-10 for county officers by:
2-11 (1) Sections 154.023, 154.024, and 154.025, Local
2-12 Government Code, in a county with a population of 190,000 or less;
2-13 or
2-14 (2) Sections 154.042, 154.044, and 154.045, Local
2-15 Government Code, in a county with a population of more than
2-16 190,000.
2-17 (d) <(b)> This section does not apply to an action brought
2-18 to collect delinquent taxes.
2-19 SECTION 3. Section 51.702, Government Code, is amended by
2-20 amending Subsections (f) and (g) and by adding Subsections (h),
2-21 (i), (j), and (k) to read as follows:
2-22 (f) This section applies only to fees and costs for a
2-23 12-month period beginning July 1 in a county in which the
2-24 commissioners court:
2-25 (1) adopts a resolution authorizing the fees and costs
2-26 under this section <for the 12-month period>; and
2-27 (2) files the resolution with the comptroller not
3-1 later than June 1 immediately preceding the first 12-month period
3-2 during which the fees and costs are to be collected.
3-3 (g) A resolution under Subsection (f) continues from year to
3-4 year allowing the county to collect fees and costs under the terms
3-5 of this section until the resolution is rescinded.
3-6 (h) A commissioners court that desires to rescind a
3-7 resolution adopted under Subsection (f) must submit to the
3-8 comptroller not later than June 1 preceding the beginning of the
3-9 first day of the state fiscal year the commissioners court desires
3-10 to rescind the resolution.
3-11 (i) A county that is not eligible to participate under
3-12 Subsection (f) on July 1 of a year but is eligible to participate
3-13 later in the year may submit a resolution meeting the requirements
3-14 of Subsection (f) to the comptroller. The comptroller shall
3-15 determine the date the county may begin to collect fees and costs
3-16 under this section. A county that begins to collect fees and costs
3-17 under this section after July 1 is not eligible for a payment by
3-18 the comptroller under Section 25.0015 until the 60th day after the
3-19 date the comptroller determines the county may begin to collect
3-20 fees and costs under this section.
3-21 (j) A clerk may not collect a fee under this section and
3-22 under Section 51.701.
3-23 (k) Money collected under this section after a county ceases
3-24 to participate in the collection of additional fees and costs under
3-25 this section shall be remitted to the comptroller. The money shall
3-26 be deposited in the judicial fund and shall be distributed to
3-27 counties currently participating under this section in the manner
4-1 described in Section 25.0005.
4-2 SECTION 4. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.