By Luna S.B. No. 1184
74R2548 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain fees and costs collected by statutory county
1-3 courts in counties with a population of more than one million.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.702(g), Government Code, is amended to
1-6 read as follows:
1-7 (g) A clerk may not collect a fee under this section and a
1-8 fee or cost under Section 51.701 or 51.703.
1-9 SECTION 2. Subchapter H, Chapter 51, Government Code, is
1-10 amended by adding Section 51.703 to read as follows:
1-11 Sec. 51.703. FEES AND COSTS IN COUNTY WITH POPULATION OF
1-12 MORE THAN ONE MILLION. (a) Except as provided by Subsection (i),
1-13 in a county with a population of more than one million, in addition
1-14 to all other fees and costs authorized or required by other law, a
1-15 clerk of a statutory county court shall collect the filing fees and
1-16 costs required by this section.
1-17 (b) The clerk of a statutory county court acting under this
1-18 section shall collect a $20 filing fee in each civil case filed in
1-19 the court.
1-20 (c) In addition to other court costs, a person shall pay $10
1-21 as a court cost on conviction of any criminal offense in a
1-22 statutory county court, including cases in which probation or
1-23 deferred adjudication is granted. A conviction that arises under
1-24 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
2-1 (Article 6687b, Vernon's Texas Civil Statutes), or a conviction
2-2 under the Uniform Act Regulating Traffic on Highways (Article
2-3 6701d, Vernon's Texas Civil Statutes) is included, except that a
2-4 conviction arising under any law that regulates pedestrians or the
2-5 parking of motor vehicles is not included.
2-6 (d) Court costs and fees due under this section shall be
2-7 collected in the same manner as other fees, fines, or costs are
2-8 collected in the case.
2-9 (e) The clerk of a statutory county court shall deposit a
2-10 filing fee or court cost collected under this section in the
2-11 county's general fund to be used for court-related purposes for the
2-12 support of the judiciary.
2-13 (f) Sections 51.320 and 51.321 apply to a fee or cost
2-14 collected under this section.
2-15 (g) A judge of a statutory county court in a county that
2-16 collects a fee or court costs under this section may not engage in
2-17 the private practice of law.
2-18 (h) This section applies only to fees and costs for a
2-19 12-month period beginning July 1 in a county in which the
2-20 commissioners court:
2-21 (1) adopts a resolution authorizing the fees and costs
2-22 under this section for the 12-month period; and
2-23 (2) files the resolution with the comptroller not
2-24 later than June 1 immediately preceding the 12-month period during
2-25 which the fees and costs are to be collected.
2-26 (i) A clerk of a statutory county court may not collect a
2-27 fee or cost under this section and a fee or cost under Section
3-1 51.701 or 51.702.
3-2 SECTION 3. This Act takes effect September 1, 1995.
3-3 SECTION 4. This Act applies only to filing fees for civil
3-4 cases filed and to costs on convictions occurring on or after the
3-5 effective date of this Act.
3-6 SECTION 5. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.