77R12095 YDB-D
By Hartnett H.B. No. 3586
Substitute the following for H.B. No. 3586:
By Hartnett C.S.H.B. No. 3586
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an additional fee for filing civil cases in certain
1-3 Dallas County courts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 51, Government Code, is
1-6 amended by adding Section 51.705 to read as follows:
1-7 Sec. 51.705. ADDITIONAL FILING FEE FOR DALLAS COUNTY CIVIL
1-8 COURTS. (a) In this section, "Dallas County civil court" means a
1-9 district court, including a family district court, a probate court,
1-10 a county court at law, or a justice court in Dallas County. The
1-11 term does not include a small claims court.
1-12 (b) In addition to all other fees authorized or required by
1-13 other law, the clerk of a Dallas County civil court shall collect a
1-14 filing fee of not more than $15 in each civil case filed in the
1-15 court to be used for the construction, renovation, or improvement
1-16 of the facilities that house the Dallas County civil courts.
1-17 (c) Court fees due under this section shall be collected in
1-18 the same manner as other fees, fines, or costs are collected in the
1-19 case.
1-20 (d) The clerk shall send the fees collected under this
1-21 section to the county treasurer at least as frequently as monthly.
1-22 The treasurer shall deposit the fees in a special account in the
1-23 county treasury dedicated to the construction, renovation, or
1-24 improvement of the facilities that house the Dallas County civil
2-1 courts.
2-2 (e) This section applies only to fees for a 12-month period
2-3 beginning July 1, if the commissioners court:
2-4 (1) adopts a resolution authorizing a fee of no more
2-5 than $15;
2-6 (2) adopts a resolution requiring the county to spend
2-7 one dollar for the construction, renovation, or improvement of the
2-8 courts' facilities for each dollar spent from the special account
2-9 dedicated to that purpose; and
2-10 (3) files the resolutions with the county treasurer
2-11 not later than June 1 immediately preceding the first 12-month
2-12 period during which the fees are to be collected.
2-13 (f) A resolution adopted under Subsection (e) continues from
2-14 year to year until July 1, 2016, allowing the county to collect
2-15 fees under the terms of this section until the resolution is
2-16 rescinded.
2-17 (g) The commissioners court may rescind a resolution adopted
2-18 under Subsection (e) by adopting a resolution rescinding the
2-19 resolution and submitting the recision resolution to the county
2-20 treasurer not later than June 1 preceding the beginning of the
2-21 first day of the county fiscal year. The commissioners court may
2-22 adopt an additional resolution in the manner provided by Subsection
2-23 (e) after rescinding a previous resolution under that subsection.
2-24 (h) A fee established under a particular resolution is
2-25 abolished on the earlier of:
2-26 (1) the date a resolution adopted under Subsection (e)
2-27 is rescinded as provided by Subsection (g); or
3-1 (2) July 1, 2016.
3-2 (i) The county may make the required expenditure described
3-3 by Subsection (e)(2) at any time, regardless of when the
3-4 expenditure from the special account occurs.
3-5 SECTION 2. This Act takes effect immediately if it receives
3-6 a vote of two-thirds of all the members elected to each house, as
3-7 provided by Section 39, Article III, Texas Constitution. If this
3-8 Act does not receive the vote necessary for immediate effect, this
3-9 Act takes effect September 1, 2001.