1-1     By:  Hartnett (Senate Sponsor - West)                 H.B. No. 1220
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 8, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to payments made to certain counties from the judicial
 1-9     fund and to the creation and use of a contributions fund in each of
1-10     those counties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 25.00211(b), Government Code, is amended
1-13     to read as follows:
1-14           (b)  The amount shall be paid to the county treasury for
1-15     deposit in the contributions fund created under Section 25.00213
1-16     [county's salary fund] in equal monthly installments from funds
1-17     appropriated from the judicial fund.
1-18           SECTION 2. Section 25.00212, Government Code, is amended to
1-19     read as follows:
1-20           Sec. 25.00212.  EXCESS CONTRIBUTIONS. (a)  At the end of each
1-21     state fiscal year the comptroller shall determine the amounts
1-22     deposited in the judicial fund under Section 51.704 [51.703] and
1-23     the amounts paid to the counties under Section 25.00211.  If the
1-24     total amount paid under Section 51.704 by all counties exceeds the
1-25     total amount paid to counties under Section 25.00211, the state
1-26     shall remit the excess to the counties proportionately based on the
1-27     percentage of the total paid by each county.
1-28           (b)  The amounts remitted under Subsection (a)  shall be paid
1-29     to the county treasury for deposit in the contributions fund
1-30     created under Section 25.00213 [county's general fund to be used
1-31     only for court-related purposes for the support of the judiciary as
1-32     provided by Section 21.006].
1-33           SECTION 3. Subchapter B, Chapter 25, Government Code, is
1-34     amended by adding Section 25.00213 to read as follows:
1-35           Sec. 25.00213.  CONTRIBUTIONS FUND. (a)  A contributions fund
1-36     is created in the county treasury of each county that collects the
1-37     additional fees under Section 51.704.
1-38           (b)  Money in a contributions fund created under this section
1-39     may be used only for court-related purposes for the support of the
1-40     statutory probate courts in the county.
1-41           (c)  A county may not reduce the amount of funds provided for
1-42     the support of the statutory probate courts in the county because
1-43     of the availability of funds from the county's contributions fund.
1-44           SECTION 4.  Any amount that was paid to a county's salary
1-45     fund under Section 25.00211, Government Code, or to a county's
1-46     general fund under Section 25.00212, Government Code, on or after
1-47     October 1, 1999, and before the effective date of this Act and that
1-48     is on deposit in the respective fund on the effective date of this
1-49     Act shall be transferred to the county's contributions fund created
1-50     under Section 25.00213, Government Code, as added by this Act.
1-51           SECTION 5.  This Act takes effect immediately if it receives
1-52     a vote of two-thirds of all the members elected to each house, as
1-53     provided by Section 39, Article III, Texas Constitution.  If this
1-54     Act does not receive the vote necessary for immediate effect, this
1-55     Act takes effect September 1, 2001.
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