SRC-JBJ S.B. 1518 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1518
76R7864 JMC-FBy: Cain
Jurisprudence
4/23/1999
As Filed


DIGEST 

Currently, county courts at law and district courts may charge an
"additional filing fee for judicial fund" that is added to each civil or
criminal case filed in the court.  The county and district courts are given
a choice of whether to opt into the additional fee program. Money generated
by the fee can only be used for court-related purposes to support
judiciary.  Statutory probate courts, however, do not have the option to
charge the additional fee. S.B. 1518 would provide an additional filing fee
provision for a judicial fund for statutory probate courts. 

PURPOSE

As proposed, S.B. 1518 authorizes an additional filing fee for certain
statutory probate courts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 25B, Government Code, by adding Sections
25.00211 and 25.00212, as follows: 

Sec. 25.00211.  STATE CONTRIBUTION.  Requires the state to annually
compensate each county that collects the additional fees under Section
51.703 in an amount equal to $40,000 for each statutory probate court judge
in the court, beginning on a certain date.  Requires the amount to be paid
to the county's salary fund. 

Sec. 25.00212.  EXCESS CONTRIBUTIONS.  Requires the comptroller to
determine the amount deposited in the judicial fund and the amounts paid to
the counties under the appropriate sections.  Requires the state to remit
the excess to the counties proportionately based on the percentage of the
total paid by each county, by a certain date.  Requires the amounts to be
paid to the county's general fund to be used only for court-related
purposes for the support of the judiciary. 

SECTION 2.  Amends Chapter 51H, Government Code, by adding Section 51.703,
as follows: 

Sec. 50.703.  ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE COURTS. Requires
each statutory probate court clerk to collect a $40 filing fee, to be
collected in the same manner as other fees, for certain cases filed in the
court to be used for court-related purposes for the support of the
judiciary.  Requires the clerk to send the fees to the comptroller at least
once per month, who must then deposit the fees in the judicial fund.
Provides that Section 51.320 applies to a fee collected under this section,
and that this section applies only when a commissioners court has taken
certain action.  Provides that a resolution to collect fees, under
Subsection (e), continues and allows the county to collect fees under the
terms of this section until the resolution is rescinded.  Requires a
commissioners court that chooses to rescind to submit to the comptroller a
resolution stating the court's desire to rescind the resolution. Authorizes
a county that is not eligible to participate to submit a resolution to the
comptroller meeting the requirements.  Requires the comptroller to
determine the date the county may begin to collect fees under this section.
Provides that certain counties that begin to collect fees after July 1 are
not eligible for a payment by the comptroller until the comptroller
determines the county may begin to collect fees.  Prohibits a clerk from
collecting fees both under this section  and under Section 51.701 or
51.702. 

SECTION 3.Makes application of this Act prospective.

SECTION 4.Emergency clause.
  Effective date:  upon passage.