SRC-JEC, JBJ C.S.S.B. 1436 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1436
77R12095 YDB-DBy: West, Royce
Jurisprudence
4/24/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, certain facilities associated with the Dallas County court
system are in dilapidated condition or are insufficient for the operation
of that court system.  C.S.S.B. 1436 adds provisions to the Government Code
pertaining to the collection of additional fees for improvements to and
renovations and new construction of Dallas County court system facilities. 

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 takes certain enumerated
actions. 

(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the terms of this section until the resolution is rescinded.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 rescinding 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 is abolished if certain conditions exist.

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

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

SUMMARY OF COMMITTEE CHANGES

Differs from the original as follows:

_Amends the proposed definition of "Dallas County civil court" to include a
justice court in Dallas County. 

_Includes "improvement" with construction and renovation as a permissible
use of the fee collection under this proposed section. 

_Amends the conditions to be met by the commissioners court to make this
proposed section applicable as provided in Subsection (e). 

_Amends the proposed provisions regarding the abolition of a fee as set
forth in Subsection (h). 

_Adds the proposed Subsection (i).