1-1 By: West S.B. No. 1436 1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 24, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 24, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1436 By: West 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to an additional fee for filing civil cases in certain 1-11 Dallas County courts. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter H, Chapter 51, Government Code, is 1-14 amended by adding Section 51.705 to read as follows: 1-15 Sec. 51.705. ADDITIONAL FILING FEE FOR DALLAS COUNTY CIVIL 1-16 COURTS. (a) In this section, "Dallas County civil court" means a 1-17 district court, including a family district court, a probate court, 1-18 a county court at law, or a justice court in Dallas County. The 1-19 term does not include a small claims court. 1-20 (b) In addition to all other fees authorized or required by 1-21 other law, the clerk of a Dallas County civil court shall collect a 1-22 filing fee of not more than $15 in each civil case filed in the 1-23 court to be used for the construction, renovation, or improvement 1-24 of the facilities that house the Dallas County civil courts. 1-25 (c) Court fees due under this section shall be collected in 1-26 the same manner as other fees, fines, or costs are collected in the 1-27 case. 1-28 (d) The clerk shall send the fees collected under this 1-29 section to the county treasurer at least as frequently as monthly. 1-30 The treasurer shall deposit the fees in a special account in the 1-31 county treasury dedicated to the construction, renovation, or 1-32 improvement of the facilities that house the Dallas County civil 1-33 courts. 1-34 (e) This section applies only to fees for a 12-month period 1-35 beginning July 1, if the commissioners court: 1-36 (1) adopts a resolution authorizing a fee of no more 1-37 than $15; 1-38 (2) adopts a resolution requiring the county to spend 1-39 one dollar for the construction, renovation, or improvement of the 1-40 courts' facilities for each dollar spent from the special account 1-41 dedicated to that purpose; and 1-42 (3) files the resolutions with the county treasurer 1-43 not later than June 1 immediately preceding the first 12-month 1-44 period during which the fees are to be collected. 1-45 (f) A resolution adopted under Subsection (e) continues from 1-46 year to year until July 1, 2016, allowing the county to collect 1-47 fees under the terms of this section until the resolution is 1-48 rescinded. 1-49 (g) The commissioners court may rescind a resolution adopted 1-50 under Subsection (e) by adopting a resolution rescinding the 1-51 resolution and submitting the recision resolution to the county 1-52 treasurer not later than June 1 preceding the beginning of the 1-53 first day of the county fiscal year. The commissioners court may 1-54 adopt an additional resolution in the manner provided by Subsection 1-55 (e) after rescinding a previous resolution under that subsection. 1-56 (h) A fee established under a particular resolution is 1-57 abolished on the earlier of: 1-58 (1) the date a resolution adopted under Subsection (e) 1-59 is rescinded as provided by Subsection (g); or 1-60 (2) July 1, 2016. 1-61 (i) The county may make the required expenditure described 1-62 by Subsection (e)(2) at any time, regardless of when the 1-63 expenditure from the special account occurs. 1-64 SECTION 2. This Act takes effect immediately if it receives 2-1 a vote of two-thirds of all the members elected to each house, as 2-2 provided by Section 39, Article III, Texas Constitution. If this 2-3 Act does not receive the vote necessary for immediate effect, this 2-4 Act takes effect September 1, 2001. 2-5 * * * * *