1-1 By: Leedom S.B. No. 770
1-2 (In the Senate - Filed February 27, 1995; February 28, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 16, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 0; March 16, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Leedom
1-7 Amend S.B. No. 770 by striking SECTION 3 in its entirety and
1-8 inserting in lieu thereof the following:
1-9 SECTION 3. Section 51.702, Government Code, is amended by
1-10 amending Subsections (f) and (g) and by adding Subsections (h),
1-11 (i), (j), and (k) to read as follows:
1-12 (f) This section applies only to fees and costs for a
1-13 12-month period beginning July 1 in a county in which the
1-14 commissioners court:
1-15 (1) adopts a resolution authorizing the fees and costs
1-16 under this section <for the 12-month period>; and
1-17 (2) files the resolution with the comptroller not
1-18 later than June 1 immediately preceding the first 12-month period
1-19 during which the fees and costs are to be collected.
1-20 (g) A resolution under Subsection (f) continues from year to
1-21 year allowing the county to collect fees and costs under the terms
1-22 of this section until the resolution is rescinded.
1-23 (h) A commissioners court that desires to rescind a
1-24 resolution adopted under Subsection (f) must submit to the
1-25 comptroller not later than June 1 preceding the beginning of the
1-26 first day of the state fiscal year the commissioners court desires
1-27 to rescind the resolution.
1-28 (i) A county that is not eligible to participate under
1-29 Subsection (f) on July 1 of a year but is eligible to participate
1-30 later in the year may submit a resolution meeting the requirements
1-31 of Subsection (f) to the comptroller. The comptroller shall
1-32 determine the date the county may begin to collect fees and costs
1-33 under this section. A county that begins to collect fees and costs
1-34 under this section after July 1 is not eligible for a payment by
1-35 the comptroller under Section 25.0015 until the 60th day after the
1-36 date the comptroller determines the county may begin to collect
1-37 fees and costs under this section.
1-38 (j) A clerk may not collect a fee under this section and
1-39 under Section 51.701.
1-40 (k) Money collected under this section after a county ceases
1-41 to participate in the collection of additional fees and costs under
1-42 this section shall be remitted to the comptroller. The money shall
1-43 be deposited in the judicial fund and shall be distributed to
1-44 counties currently participating under this section in the manner
1-45 described in Section 25.0005.
1-46 A BILL TO BE ENTITLED
1-47 AN ACT
1-48 relating to fees collected by certain county officers.
1-49 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-50 SECTION 1. Subsection (f), Section 118.131, Local Government
1-51 Code, is amended to read as follows:
1-52 (f) On or before October 15 of the <each> year in which the
1-53 fees are initially set, the commissioners court shall provide
1-54 written notice of the amounts of the fees <set under this section>
1-55 to the comptroller. If the commissioners court changes the amount
1-56 of a fee set under this section, the commissioners court shall
1-57 provide to the comptroller, on or before October 15 of the year in
1-58 which the amount is changed, a written notice of the change in the
1-59 amount of the fee. Before December 15 of each year, the
1-60 comptroller shall compile the fee information provided by counties
1-61 and send the compilation to:
1-62 (1) the commissioners court of each county in this
1-63 state;
1-64 (2) any statewide association of counties or of
1-65 officers of counties that requests in writing before December 15 to
1-66 be informed; and
1-67 (3) the State Bar of Texas.
1-68 SECTION 2. Section 51.601, Government Code, is amended to
2-1 read as follows:
2-2 Sec. 51.601. Court Reporter Fee. (a) The clerk of each
2-3 court that has an official court reporter shall collect a court
2-4 reporter fee of $15 as a court cost in each civil case in which a
2-5 record of evidence presented in the case is made by the reporter.
2-6 (b) The clerk shall collect this fee in the manner provided
2-7 for other court costs and shall deposit the fee to the credit of
2-8 the office of the court reporter in a special salary fund created
2-9 in the county depository <general fund> of the county in which the
2-10 court sits.
2-11 (c) The salary fund for the office of the court reporter
2-12 shall be created and administered in the same manner as provided
2-13 for county officers by:
2-14 (1) Sections 154.023, 154.024, and 154.025, Local
2-15 Government Code, in a county with a population of 190,000 or less;
2-16 or
2-17 (2) Sections 154.042, 154.044, and 154.045, Local
2-18 Government Code, in a county with a population of more than
2-19 190,000.
2-20 (d) <(b)> This section does not apply to an action brought
2-21 to collect delinquent taxes.
2-22 SECTION 3. Subsection (f), Section 51.702, Government Code,
2-23 is amended to read as follows:
2-24 (f) This section applies only to fees and costs <for a
2-25 12-month period beginning July 1> in a county in which the
2-26 commissioners court:
2-27 (1) adopts a resolution authorizing the fees and costs
2-28 under this section <for the 12-month period>; and
2-29 (2) files the resolution with the comptroller not
2-30 later than the first day of the month that <June 1> immediately
2-31 precedes the date the fees and costs become effective <preceding
2-32 the 12-month period during which the fees and costs are to be
2-33 collected>.
2-34 SECTION 4. The importance of this legislation and the
2-35 crowded condition of the calendars in both houses create an
2-36 emergency and an imperative public necessity that the
2-37 constitutional rule requiring bills to be read on three several
2-38 days in each house be suspended, and this rule is hereby suspended.
2-39 * * * * *