SRC-JEC H.B. 3586 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3586
77R12095 YDB-DBy: Hartnett (West)
Jurisprudence
5/4/2001
Engrossed


DIGEST AND PURPOSE 

During the summer of 2000, a "blue ribbon" committee was established, which
was composed of representatives from the Dallas Bar Association, the Dallas
County Commissioners Court, and the county and district judges, to consider
the needs for present and future civil courtrooms in Dallas County. The
committee's recommendation was to remodel the George Allen Courthouse and
build a judicial tower on the adjacent lot.  H.B. 3586 requires the clerk
of a Dallas County civil court to collect a filing fee of not more than $15
in each civil case filed in the court to be used for the construction,
improvement, or renovation of the facilities that house the Dallas County
civil courts.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 51H, Government Code, by adding Section 51.705,
as follows: 

Sec. 51.705.  ADDITIONAL FILING FEE FOR DALLAS COUNTY CIVIL COURTS. (a)
Defines "Dallas County civil court." 

(b)  Requires the clerk of a Dallas County civil court, in addition to all
other fees authorized or required by other law, to collect a filing fee of
not more than $15 in each civil case filed in the court to be used for the
construction, renovation,  or improvement of the facilities that house the
Dallas County civil courts. 

(c)  Requires court fees due under this section to be collected in the same
manner as other fees, fines, or costs are collected in the case. 

(d)  Requires the clerk to send the fees collected under this section to
the county treasurer at least as frequently as monthly.  Requires the
treasurer to deposit the fees in a special account in the county treasury
dedicated to the construction, renovation, or improvement of the facilities
that house the Dallas County civil courts. 

(e)  Provides that this section applies only to fees for a 12-month period
beginning July 1, if the commissioners court adopts and files certain
related resolutions. 
  
(f)  Provides that a resolution adopted under Subsection (e) continues from
year to year until July 1, 2016, allowing the county to collect fees under
the terms of this section until the resolution is rescinded. 

(g)  Authorizes the commissioners court to rescind a resolution adopted
under Subsection (e) by adopting a resolution rescinding the resolution and
submitting the recision resolution to the county treasurer not later than
June 1 preceding the beginning  of the first day of the county fiscal year.
Authorizes the commissioners court to adopt an additional resolution in the
manner provided by Subsection (e) after rescinding a previous resolution
under that subsection. 

(h)  Provides that a fee established under a particular resolution is
abolished on the earlier of:  the date a resolution adopted under
Subsection (e) is rescinded as provided by Subsection (g); or July 1, 2016. 

(i)  Authorizes the county to make the required expenditure described by
Subsection (e)(2) at any time, regardless of when the expenditure from the
special account occurs. 

SECTION 2.  Effective date: upon passage or September 1, 2001.