76R10298 DB-D
By Junell, Thompson, Gallego H.B. No. 928
Substitute the following for H.B. No. 928:
By Thompson C.S.H.B. No. 928
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the annual salary supplement paid by the state to
1-3 certain county judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.006(a), Government Code, is amended to
1-6 read as follows:
1-7 (a) A county judge is entitled to an annual salary
1-8 supplement from the state of $10,000 [$5,000] if at least 40
1-9 percent of the functions that the judge performs are judicial
1-10 functions.
1-11 SECTION 2. Subchapter A, Chapter 26, Government Code, is
1-12 amended by adding Sections 26.007 and 26.008 to read as follows:
1-13 Sec. 26.007. STATE CONTRIBUTION. (a) Beginning on the
1-14 first day of the state fiscal year, the state shall annually
1-15 compensate each county that collects the additional fees and costs
1-16 under Section 51.703 in an amount equal to $5,000 if the county
1-17 judge is entitled to an annual salary supplement from the state
1-18 under Section 26.006.
1-19 (b) The amount shall be paid to the county's salary fund in
1-20 equal monthly installments from funds appropriated from the
1-21 judicial fund.
1-22 Sec. 26.008. EXCESS CONTRIBUTIONS. (a) At the end of each
1-23 state fiscal year the comptroller shall determine the amounts
1-24 deposited in the judicial fund under Section 51.703 and the amounts
2-1 paid to the counties under Section 26.007. If the total amount paid
2-2 under Section 51.703 by all counties that collect fees and costs
2-3 under that section exceeds the total amount paid to the counties
2-4 under Section 26.007, the state shall remit the excess to the
2-5 counties that collect fees and costs under Section 51.703
2-6 proportionately based on the percentage of the total paid by each
2-7 county.
2-8 (b) The amounts remitted under Subsection (a) shall be paid
2-9 to the county's general fund to be used only for court-related
2-10 purposes for the support of the judiciary as provided by Section
2-11 21.006.
2-12 SECTION 3. The heading to Section 51.702, Government Code,
2-13 is amended to read as follows:
2-14 Sec. 51.702. ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY
2-15 COUNTY COURTS.
2-16 SECTION 4. Subchapter H, Chapter 51, Government Code, is
2-17 amended by adding Section 51.703 to read as follows:
2-18 Sec. 51.703. ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY
2-19 COURTS. (a) In addition to all other fees authorized or required
2-20 by other law, the clerk of a county court with a judge who is
2-21 entitled to an annual salary supplement from the state under
2-22 Section 26.006 shall collect a $40 filing fee in each civil case
2-23 filed in the court to be used for court-related purposes for the
2-24 support of the judiciary.
2-25 (b) In addition to other court costs, a person shall pay $15
2-26 as a court cost on conviction of any criminal offense in a county
2-27 court, including cases in which probation or deferred adjudication
3-1 is granted. A conviction that arises under Chapter 521,
3-2 Transportation Code, or a conviction under Subtitle C, Title 7,
3-3 Transportation Code, is included, except that a conviction arising
3-4 under any law that regulates pedestrians or the parking of motor
3-5 vehicles is not included.
3-6 (c) Court costs and fees due under this section shall be
3-7 collected in the same manner as other fees, fines, or costs are
3-8 collected in the case.
3-9 (d) The clerk shall send the fees and costs collected under
3-10 this section to the comptroller at least as frequently as monthly.
3-11 The comptroller shall deposit the fees in the judicial fund.
3-12 (e) Section 51.320 applies to a fee or cost collected under
3-13 this section.
3-14 SECTION 5. Section 51.703, Government Code, as added by this
3-15 Act, applies only to filing fees for civil cases filed and to costs
3-16 on convictions occurring on or after the effective date of this
3-17 Act.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.