By Junell                                              H.B. No. 928
         76R1486 DB-D                           
                                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)  If at least 40 percent of the functions that a county
 1-8     judge performs are judicial functions, the [A] county judge is
 1-9     entitled to an annual salary supplement from the state of:
1-10                 (1)  $5,000; or
1-11                 (2)  $10,000 if the county collects additional fees and
1-12     costs under Section 51.703 [if at least 40 percent of the functions
1-13     that the judge performs are judicial functions].
1-14           SECTION 2.  Subchapter A, Chapter 26, Government Code, is
1-15     amended by adding Sections 26.007 and 26.008 to read as follows:
1-16           Sec. 26.007.  STATE CONTRIBUTION.  (a)  Beginning on the
1-17     first day of the state fiscal year, the state shall annually
1-18     compensate each county that collects the additional fees and costs
1-19     under Section 51.703 in an amount equal to $5,000 if the county
1-20     judge is entitled to an annual salary supplement from the state
1-21     under Section 26.006(a)(2).
1-22           (b)  The amount shall be paid to the county's salary fund in
1-23     equal monthly installments from funds appropriated from the
1-24     judicial fund.
 2-1           Sec. 26.008.  EXCESS CONTRIBUTIONS.  (a)  At the end of each
 2-2     state fiscal year the comptroller shall determine the amounts
 2-3     deposited in the judicial fund under Section 51.703 and the amounts
 2-4     paid to the counties under Section 26.007. If the total amount paid
 2-5     under Section 51.703 by all counties exceeds the total amount paid
 2-6     to counties under Section 26.007, the state shall remit the excess
 2-7     to the counties proportionately based on the percentage of the
 2-8     total paid by each county.
 2-9           (b)  The amounts remitted under Subsection (a) shall be paid
2-10     to the county's general fund to be used only for court-related
2-11     purposes for the support of the judiciary as provided by Section
2-12     21.006.
2-13           (c)  In determining the amount deposited in the judicial fund
2-14     under Section 51.703 for a county that collects fees and costs as
2-15     provided by that section, the comptroller shall credit $40 of each
2-16     fee deposited in the judicial fund under Section 51.701 by that
2-17     county for cases assigned to a county court as fees deposited under
2-18     Section 51.703.
2-19           SECTION 3.  The heading to Section 51.702, Government Code,
2-20     is amended to read as follows:
2-21           Sec. 51.702.  ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY
2-22     COUNTY COURTS.
2-23           SECTION 4.  Subchapter H, Chapter 51, Government Code, is
2-24     amended by adding Section 51.703 to read as follows:
2-25           Sec. 51.703.  ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY
2-26     COURTS.  (a)  Except as provided by Subsection (g), in addition to
2-27     all other fees authorized or required by other law, the clerk of a
 3-1     county court shall collect a $40 filing fee in each civil case
 3-2     filed in the court to be used for court-related purposes for the
 3-3     support of the judiciary.
 3-4           (b)  In addition to other court costs, a person shall pay $15
 3-5     as a court cost on conviction of any criminal offense in a county
 3-6     court, including cases in which probation or deferred adjudication
 3-7     is granted.  A conviction that arises under Chapter 521,
 3-8     Transportation Code, or a conviction under Subtitle C, Title 7,
 3-9     Transportation Code, is included, except that a conviction arising
3-10     under any law that regulates pedestrians or the parking of motor
3-11     vehicles is not included.
3-12           (c)  Court costs and fees due under this section shall be
3-13     collected in the same manner as other fees, fines, or costs are
3-14     collected in the case.
3-15           (d)  The clerk shall send the fees and costs collected under
3-16     this section to the comptroller at least as frequently as monthly.
3-17     The comptroller shall deposit the fees in the judicial fund.
3-18           (e)  Section 51.320 applies to a fee or cost collected under
3-19     this section.
3-20           (f)  This section applies only to fees and costs for a
3-21     12-month period beginning July 1 in a county in which the
3-22     commissioners court:
3-23                 (1)  adopts a resolution authorizing the fees and costs
3-24     under this section; and
3-25                 (2)  files the resolution with the comptroller not
3-26     later than June 1 immediately preceding the first 12-month period
3-27     during which the fees and costs are to be collected.
 4-1           (g)  A resolution under Subsection (f) continues from year to
 4-2     year allowing the county to collect fees and costs under the terms
 4-3     of this section until the resolution is rescinded.
 4-4           (h)  A commissioners court that desires to rescind a
 4-5     resolution adopted under Subsection (f) must submit a resolution
 4-6     stating that desire to the comptroller not later than June 1
 4-7     preceding the beginning of the first day of the state fiscal year
 4-8     the commissioners court desires to rescind the resolution.
 4-9           (i)  A county that is not eligible to participate under
4-10     Subsection (f) on July 1 of a year but is eligible to participate
4-11     later in the year may submit a resolution meeting the requirements
4-12     of Subsection (f) to the comptroller.  The comptroller shall
4-13     determine the date the county may begin to collect fees and costs
4-14     under this section.  A county that begins to collect fees and costs
4-15     under this section after July 1 is not eligible for a payment by
4-16     the comptroller under Section 26.007 until the 60th day after the
4-17     date the comptroller determines the county may begin to collect
4-18     fees and costs under this section.
4-19           (j)  A clerk may not collect a fee under this section and
4-20     under Section 51.701.
4-21           SECTION 5.  Section 51.703, Government Code, as added by this
4-22     Act, applies only to filing fees for civil cases filed and to costs
4-23     on convictions occurring on or after the effective date of this
4-24     Act.
4-25           SECTION 6.  The importance of this legislation and the
4-26     crowded condition of the calendars in both houses create an
4-27     emergency and an imperative public necessity that the
 5-1     constitutional rule requiring bills to be read on three several
 5-2     days in each house be suspended, and this rule is hereby suspended,
 5-3     and that this Act take effect and be in force from and after its
 5-4     passage, and it is so enacted.