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78R6051 QS-F
By: Hartnett H.B. No. 1945
A BILL TO BE ENTITLED
AN ACT
relating to certain fees collected by clerks of county courts and
statutory county courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.0005(a), (b), (e), and (f),
Government Code, are amended to read as follows:
(a) A statutory county court judge, other than a statutory
county court judge who engages in the private practice of law [or a
judge in whose court fees and costs under Section 51.702 are not
collected], shall be paid a total annual salary set by the
commissioners court at an amount that is at least equal to the
amount that is $1,000 less than the total annual salary received by
a district judge in the county on August 31, 1999. A district
judge's or statutory county court judge's total annual salary
includes contributions and supplements, paid by the state or a
county, other than contributions received as compensation under
Section 74.051.
(b) Subject to any salary requirements otherwise imposed by
this chapter for a particular court or county, the commissioners
court sets the salary of each statutory county court judge who
engages in the private practice of law [or in whose court fees and
costs under Section 51.702 are not collected].
(e) A county is not required to meet the salary requirements
of Subsection (a) for a particular court if:
(1) [not later than September 1 of the year in which
the county initially begins collecting fees and costs under Section
51.702,] the county increases the salary of each statutory county
court judge in the county to an amount that is at least $28,000 more
than the salary the judge was entitled to on May 1 of the year the
county initially begins collecting fees and costs under Section
51.702;
(2) the county pays at least the salary required by
Subdivision (1);
(3) [the county collects the fees and costs as
provided by Section 51.702;
[(4)] the court has at least the jurisdiction provided
by Section 25.0003; and
(4) [(5)] except as provided by Subsection (f), the
county uses at least 50 percent of the amount the county receives
each state fiscal year under Section 25.0016 for salaries for the
statutory county court judges.
(f) Subsection (e)(4) [(e)(5)] does not require a county to
pay a salary that exceeds the minimum salary under Subsection (a).
SECTION 2. Section 25.0015(a), Government Code, is amended
to read as follows:
(a) Beginning on the first day of the state fiscal year, the
state shall annually compensate each county [that collects the
additional fees and costs under Section 51.702] in an amount equal
to $35,000 for each statutory county court judge in the county who:
(1) does not engage in the private practice of law;
(2) presides over a court with at least the
jurisdiction provided by Section 25.0003; and
(3) except as provided by Section 25.0005(d), is not
excluded from the application of Section 25.0003 or Section
25.0005.
SECTION 3. The heading to Section 51.702, Government Code,
is amended to read as follows:
Sec. 51.702. ADDITIONAL FEES AND COSTS IN [CERTAIN]
STATUTORY COUNTY COURTS.
SECTION 4. Section 51.702(a), Government Code, is amended
to read as follows:
(a) In [Except as provided by Subsection (g), in] addition
to all other fees authorized or required by other law, the clerk of
a statutory county court shall collect a $40 filing fee in each
civil case filed in the court to be used for court-related purposes
for the support of the judiciary.
SECTION 5. The heading to Section 51.703, Government Code,
is amended to read as follows:
Sec. 51.703. ADDITIONAL FEES AND COSTS IN [CERTAIN] COUNTY
COURTS.
SECTION 6. Section 51.703, Government Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) In addition to all other fees authorized or required by
other law, the clerk of a county court [with a judge who is entitled
to an annual salary supplement from the state under Section 26.006]
shall collect a $40 filing fee in each civil case filed in the court
to be used for court-related purposes for the support of the
judiciary.
(f) A clerk may not collect a fee under this section and
under Section 51.702.
SECTION 7. Sections 51.702(f), (g), (h), (i), and (k),
Government Code, are repealed.
SECTION 8. The change in law made by this Act applies only
to a civil case filed or court costs imposed on conviction of an
offense committed on or after the effective date of this Act. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date. A civil case filed or court costs imposed on
conviction of an offense committed before the effective date of
this Act are governed by the law in effect on the date the case was
filed or the offense was committed, and the former law is continued
in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2003.