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.