1-1 By: Cain S.B. No. 1518 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 27, 1999, reported favorably by the following vote: Yeas 3, 1-5 Nays 0; April 27, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the collection of a filing fee by certain statutory 1-9 probate courts and to the annual salary supplement paid by the 1-10 state to certain statutory probate court judges. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter B, Chapter 25, Government Code, is 1-13 amended by adding Sections 25.00211 and 25.00212 to read as 1-14 follows: 1-15 Sec. 25.00211. STATE CONTRIBUTION. (a) Beginning on the 1-16 first day of the state fiscal year, the state shall annually 1-17 compensate each county that collects the additional fees under 1-18 Section 51.703 in an amount equal to $40,000 for each statutory 1-19 probate court judge in the county. 1-20 (b) The amount shall be paid to the county's salary fund in 1-21 equal monthly installments from funds appropriated from the 1-22 judicial fund. 1-23 Sec. 25.00212. EXCESS CONTRIBUTIONS. (a) At the end of 1-24 each state fiscal year the comptroller shall determine the amounts 1-25 deposited in the judicial fund under Section 51.703 and the amounts 1-26 paid to the counties under Section 25.00211. If the total amount 1-27 paid under Section 51.703 by all counties exceeds the total amount 1-28 paid to counties under Section 25.00211, the state shall remit the 1-29 excess to the counties proportionately based on the percentage of 1-30 the total paid by each county. 1-31 (b) The amounts remitted under Subsection (a) shall be paid 1-32 to the county's general fund to be used only for court-related 1-33 purposes for the support of the judiciary as provided by Section 1-34 21.006. 1-35 SECTION 2. Subchapter H, Chapter 51, Government Code, is 1-36 amended by adding Section 51.703 to read as follows: 1-37 Sec. 51.703. ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE 1-38 COURTS. (a) Except as provided by Subsection (f), in addition to 1-39 all other fees authorized or required by other law, the clerk of a 1-40 statutory probate court shall collect a $40 filing fee in each 1-41 probate, guardianship, mental health, or civil case filed in the 1-42 court to be used for court-related purposes for the support of the 1-43 judiciary. 1-44 (b) Court fees due under this section shall be collected in 1-45 the same manner as other fees, fines, or costs are collected in the 1-46 case. 1-47 (c) The clerk shall send the fees collected under this 1-48 section to the comptroller at least as frequently as monthly. The 1-49 comptroller shall deposit the fees in the judicial fund. 1-50 (d) Section 51.320 applies to a fee collected under this 1-51 section. 1-52 (e) This section applies only to fees for a 12-month period 1-53 beginning July 1 in a county in which the commissioners court: 1-54 (1) adopts a resolution authorizing the fees under 1-55 this section; and 1-56 (2) files the resolution with the comptroller not 1-57 later than June 1 immediately preceding the first 12-month period 1-58 during which the fees are to be collected. 1-59 (f) A resolution under Subsection (e) continues from year to 1-60 year allowing the county to collect fees under the terms of this 1-61 section until the resolution is rescinded. 1-62 (g) A commissioners court that desires to rescind a 1-63 resolution adopted under Subsection (e) must submit to the 1-64 comptroller not later than June 1 preceding the beginning of the 2-1 first day of the state fiscal year a resolution stating the 2-2 commissioners court's desire to rescind the resolution. 2-3 (h) A county that is not eligible to participate under 2-4 Subsection (e) on July 1 of a year but is eligible to participate 2-5 later in the year may submit a resolution meeting the requirements 2-6 of Subsection (e) to the comptroller. The comptroller shall 2-7 determine the date the county may begin to collect fees under this 2-8 section. A county that begins to collect fees under this section 2-9 after July 1 is not eligible for a payment by the comptroller under 2-10 Section 25.00211 until the 60th day after the date the comptroller 2-11 determines the county may begin to collect fees under this section. 2-12 (i) A clerk may not collect a fee under this section and 2-13 under Section 51.701 or 51.702. 2-14 SECTION 3. The change in law made by Section 2 of this Act 2-15 applies only to filing fees for a case filed on or after the 2-16 effective date of this Act. 2-17 SECTION 4. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended, 2-22 and that this Act take effect and be in force from and after its 2-23 passage, and it is so enacted. 2-24 * * * * *