By: Cain S.B. No. 1518
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the collection of a filing fee by certain statutory
1-2 probate courts and to the annual salary supplement paid by the
1-3 state to certain statutory probate court judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 25, Government Code, is
1-6 amended by adding Sections 25.00211 and 25.00212 to read as
1-7 follows:
1-8 Sec. 25.00211. STATE CONTRIBUTION. (a) Beginning on the
1-9 first day of the state fiscal year, the state shall annually
1-10 compensate each county that collects the additional fees under
1-11 Section 51.703 in an amount equal to $40,000 for each statutory
1-12 probate court judge in the county.
1-13 (b) The amount shall be paid to the county's salary fund in
1-14 equal monthly installments from funds appropriated from the
1-15 judicial fund.
1-16 Sec. 25.00212. EXCESS CONTRIBUTIONS. (a) At the end of
1-17 each state fiscal year the comptroller shall determine the amounts
1-18 deposited in the judicial fund under Section 51.703 and the amounts
1-19 paid to the counties under Section 25.00211. If the total amount
1-20 paid under Section 51.703 by all counties exceeds the total amount
1-21 paid to counties under Section 25.00211, the state shall remit the
1-22 excess to the counties proportionately based on the percentage of
1-23 the total paid by each county.
1-24 (b) The amounts remitted under Subsection (a) shall be paid
2-1 to the county's general fund to be used only for court-related
2-2 purposes for the support of the judiciary as provided by Section
2-3 21.006.
2-4 SECTION 2. Subchapter H, Chapter 51, Government Code, is
2-5 amended by adding Section 51.703 to read as follows:
2-6 Sec. 51.703. ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE
2-7 COURTS. (a) Except as provided by Subsection (f), in addition to
2-8 all other fees authorized or required by other law, the clerk of a
2-9 statutory probate court shall collect a $40 filing fee in each
2-10 probate, guardianship, mental health, or civil case filed in the
2-11 court to be used for court-related purposes for the support of the
2-12 judiciary.
2-13 (b) Court fees due under this section shall be collected in
2-14 the same manner as other fees, fines, or costs are collected in the
2-15 case.
2-16 (c) The clerk shall send the fees collected under this
2-17 section to the comptroller at least as frequently as monthly. The
2-18 comptroller shall deposit the fees in the judicial fund.
2-19 (d) Section 51.320 applies to a fee collected under this
2-20 section.
2-21 (e) This section applies only to fees for a 12-month period
2-22 beginning July 1 in a county in which the commissioners court:
2-23 (1) adopts a resolution authorizing the fees under
2-24 this section; and
2-25 (2) files the resolution with the comptroller not
2-26 later than June 1 immediately preceding the first 12-month period
3-1 during which the fees are to be collected.
3-2 (f) A resolution under Subsection (e) continues from year to
3-3 year allowing the county to collect fees under the terms of this
3-4 section until the resolution is rescinded.
3-5 (g) A commissioners court that desires to rescind a
3-6 resolution adopted under Subsection (e) must submit to the
3-7 comptroller not later than June 1 preceding the beginning of the
3-8 first day of the state fiscal year a resolution stating the
3-9 commissioners court's desire to rescind the resolution.
3-10 (h) A county that is not eligible to participate under
3-11 Subsection (e) on July 1 of a year but is eligible to participate
3-12 later in the year may submit a resolution meeting the requirements
3-13 of Subsection (e) to the comptroller. The comptroller shall
3-14 determine the date the county may begin to collect fees under this
3-15 section. A county that begins to collect fees under this section
3-16 after July 1 is not eligible for a payment by the comptroller under
3-17 Section 25.00211 until the 60th day after the date the comptroller
3-18 determines the county may begin to collect fees under this section.
3-19 (i) A clerk may not collect a fee under this section and
3-20 under Section 51.701 or 51.702.
3-21 SECTION 3. The change in law made by Section 2 of this Act
3-22 applies only to filing fees for a case filed on or after the
3-23 effective date of this Act.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.
4-5 COMMITTEE AMENDMENT NO. 1
4-6 Amend S.B. 1518 on page 2, by striking lines 2 and 3 and
4-7 inserting "purpose for the support of statutory probate courts."
4-8 Hartnett