By Hartnett                                           H.B. No. 3586
         77R5953 ATP-F                           
                                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     or a county court at law in Dallas County.
1-11           (b)  In addition to all other fees authorized or required by
1-12     other law, the clerk of a Dallas County civil court shall collect a
1-13     filing fee of not more than $40 in each civil case filed in the
1-14     court to be used for the construction and renovation of the
1-15     facilities that house the Dallas County civil courts.
1-16           (c)  Court fees due under this section shall be collected in
1-17     the same manner as other fees, fines, or costs are collected in the
1-18     case.
1-19           (d)  The clerk shall send the fees collected under this
1-20     section to the county treasurer at least as frequently as monthly.
1-21     The treasurer shall deposit the fees in a special account in the
1-22     county treasury dedicated to the construction and renovation of the
1-23     facilities that house the Dallas County civil courts.
1-24           (e)  This section applies only to fees for a 12-month period
 2-1     beginning July 1, if the commissioners court:
 2-2                 (1)  adopts a resolution authorizing a fee of no more
 2-3     than $40;
 2-4                 (2)  adopts a resolution requiring the county to
 2-5     deposit one dollar in addition to each dollar that the county
 2-6     treasurer deposits in the special account dedicated to the
 2-7     construction and renovation of the facilities that house the Dallas
 2-8     County civil courts; and
 2-9                 (3)  files the resolutions with the county treasurer
2-10     not later than June 1 immediately preceding the first 12-month
2-11     period during which the fees are to be collected.
2-12           (f)  A resolution adopted under Subsection (e) continues from
2-13     year to year until July 1, 2011, allowing the county to collect
2-14     fees under the terms of this section until the resolution is
2-15     rescinded.
2-16           (g)  The commissioners court may rescind a resolution adopted
2-17     under Subsection (e) by adopting a resolution rescinding the
2-18     resolution and submitting the recision resolution to the county
2-19     treasurer not later than June 1 preceding the beginning of the
2-20     first day of the county fiscal year.  The commissioners court may
2-21     adopt an additional resolution in the manner provided by Subsection
2-22     (e) after rescinding a previous resolution under that subsection.
2-23           (h)  A fee is abolished:
2-24                 (1)  if a resolution adopted under Subsection (e) is
2-25     rescinded as provided by Subsection (g);
2-26                 (2)  if the county has not made the deposits as
2-27     required by the resolution adopted under Subsection (e)(2) for the
 3-1     preceding 12-month period ending June 30, before the following
 3-2     September 1; or
 3-3                 (3)  on July 1, 2011.
 3-4           SECTION 2.  This Act takes effect immediately if it receives
 3-5     a vote of two-thirds of all the members elected to each house, as
 3-6     provided by Section 39, Article III, Texas Constitution.  If this
 3-7     Act does not receive the vote necessary for immediate effect, this
 3-8     Act takes effect September 1, 2001.