78(R) SB 1551 - House Committee Report version


                                                                                
78R18201 RJA-D


By:  Duncan                                                       S.B. No. 1551

Substitute the following for S.B. No. 1551:                                   

By:  Hartnett                                                 C.S.S.B. No. 1551



A BILL TO BE ENTITLED

AN ACT

relating to the creation of additional judicial districts, to 
filing fees in the district courts in Collin County, and to the 
jurisdiction of the county courts at law in Cameron County.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 24, Government Code, is 
amended by adding Section 24.557 to read as follows:
	Sec. 24.557.  413TH JUDICIAL DISTRICT (JOHNSON COUNTY).  The 
413th Judicial District is composed of Johnson County.
	SECTION 2.  (a)  Subchapter C, Chapter 24, Government Code, 
is amended by adding Section 24.559 to read as follows:
	Sec. 24.559.  415TH JUDICIAL DISTRICT (PARKER COUNTY).  The 
415th Judicial District is composed of Parker County.
	(b)  Subsection (a), Section 32.184, Government Code, is 
amended to read as follows:
	(a)  The Commissioners Court of Parker County may budget for 
and pay the judges [judge] of the 43rd and 415th judicial districts
[Judicial District] an annual salary not to exceed $7,800 for 
performing judicial and administrative services.
	(c)  Section 43.125, Government Code, is amended to read as 
follows:         
	Sec. 43.125.  43RD JUDICIAL DISTRICT.  The voters of the 43rd 
Judicial District elect a district attorney who represents the 
state in all cases before the 43rd and 415th district courts.
	(d)  Subsection (b), Section 152.1901, Human Resources Code, 
is amended to read as follows:
	(b)  The [district court] judge of the 43rd Judicial District
is the chairman of the board.
	SECTION 3.  Subchapter C, Chapter 24, Government Code, is 
amended by adding Sections 24.560 and 24.561 to read as follows:
	Sec. 24.560.  416TH JUDICIAL DISTRICT (COLLIN COUNTY).  The 
416th Judicial District is composed of Collin County.
	Sec. 24.561.  417TH JUDICIAL DISTRICT (COLLIN COUNTY).  (a)  
The 417th Judicial District is composed of Collin County.
	(b)  The 417th District Court shall give preference to 
juvenile matters.
	SECTION 4.  Subchapter C, Chapter 24, Government Code, is 
amended by adding Section 24.563 to read as follows:
	Sec. 24.563.  419TH JUDICIAL DISTRICT (TRAVIS COUNTY).  The 
419th Judicial District is composed of Travis County.
	SECTION 5.  Subchapter C, Chapter 24, Government Code, is 
amended by adding Section 24.566 to read as follows:
	Sec. 24.566.  422ND JUDICIAL DISTRICT (KAUFMAN COUNTY).  The 
422nd Judicial District is composed of Kaufman County.
	SECTION 6.  Subsection (a), Section 25.0332, Government 
Code, is amended to read as follows:
	(a)  In addition to the jurisdiction provided by Section 
25.0003 and other law, a county court at law in Cameron County has:
		(1)  concurrent with the county court, the probate 
jurisdiction provided by general law for county courts;  and
		(2)  concurrent jurisdiction with the district court in 
civil cases in which the amount in controversy exceeds $500 but does 
not exceed $10 [$1] million, excluding interest.
	SECTION 7.  Subchapter G, Chapter 51, Government Code, is 
amended by adding Section 51.607 to read as follows:
	Sec. 51.607.  ADDITIONAL FILING FEE FOR COLLIN COUNTY 
DISTRICT COURTS.  (a)  In addition to all other fees authorized or 
required by other law, the clerk of a Collin County district court 
shall collect a filing fee of $35 in each case filed in the court.
	(b)  Court fees due under this section shall be collected in 
the same manner as other fees, fines, or costs are collected in the 
case.
	(c)  The clerk shall send the fees collected under this 
section to the county treasurer at least as frequently as monthly.  
The treasurer shall deposit the fees in a special account in the 
county treasury dedicated to the purposes provided by Subsection 
(d).
	(d)  Notwithstanding Sections 659.011 and 659.012, the 
Commissioners Court of Collin County shall, using the money in the 
special account, pay the judges of the 416th and 417th judicial 
districts an annual salary in an amount equal to the total salary 
that would otherwise be paid to those judges under Section 659.012.  
The commissioners court may use any remaining money in the special 
account to pay additional compensation to those judges and the 
operating expenses of the 416th and 417th judicial districts.
	(e)  This section applies only to filing fees for a 12-month 
period beginning January 1, if the commissioners court:
		(1)  adopts a resolution authorizing a fee of $35; and                 
		(2)  files the resolution with the county treasurer not 
later than December 1 immediately preceding the first 12-month 
period during which the fees are to be collected.
	(f)  A resolution adopted under Subsection (e) continues 
from year to year through December 31, 2013, allowing the county to 
collect fees under the terms of this section until the resolution is 
rescinded.  The commissioners court may not rescind a resolution 
adopted under Subsection (e) to be effective before the 12-month 
period beginning January 1, 2009.
	(g)  The commissioners court may rescind a resolution 
adopted under Subsection (e) by adopting a resolution rescinding 
the resolution and submitting the recision resolution to the county 
treasurer not later than December 1 preceding the next 12-month 
period during which the fees are to be collected.  The commissioners 
court may adopt an additional resolution in the manner provided by 
Subsection (e) after rescinding a previous resolution adopted under 
that subsection.
	(h)  A filing fee established under a particular resolution 
is abolished on the earlier of:
		(1)  the date a resolution adopted under Subsection (e) 
is rescinded as provided by Subsection (g); or
		(2)  January 1, 2014.                                                  
	(i)  Subsection (d) expires on the date the filing fee is 
abolished under Subsection (h).
	SECTION 8.  (a)  The 416th and 417th judicial districts are 
created January 1, 2004.
	(b)  The 413th Judicial District is created September 1, 
2003.               
	(c)  The 415th, 419th, and 422nd judicial districts are 
created September 1, 2005.
	SECTION 9.  Subsection (a), Section 25.0332, Government 
Code, as amended by this Act, applies only to a case filed on or 
after the effective date of this Act.  A case filed before the 
effective date of this Act is governed by the law in effect at the 
time the case was filed, and that law is continued in effect for 
that purpose.
	SECTION 10.  (a)  Except as provided by Subsections (b) and 
(c) of this section, this Act takes effect September 1, 2003.
	(b)  Sections 3 and 7 of this Act take effect January 1, 2004.                 
	(c)  Sections 2, 4, and 5 of this Act take effect September 1, 
2005.