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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of an additional filing fee in certain |
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proceedings for the support of the Supreme Court of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 51, Government Code, is |
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amended by adding Section 51.0051 to read as follows: |
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Sec. 51.0051. ADDITIONAL FEES. (a) In addition to other |
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fees authorized or required by law, the clerk of the supreme court |
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shall collect an additional fee on the filing of any application or |
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proceeding otherwise requiring a filing fee, including an appeal. |
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The additional fee is set by order or rule of the supreme court in an |
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amount necessary to defray costs and expenses incurred in the |
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operation of the court, not to exceed $50. |
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(b) The clerk shall collect fees imposed under this section |
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in the same manner as other fees, fines, or costs are collected in |
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the proceeding and shall send the fees imposed under this section to |
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the comptroller not later than the last day of the month following |
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each calendar quarter. The comptroller shall deposit the fees |
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received to the credit of the judicial fund. |
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(c) The comptroller shall establish a supreme court support |
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account in the judicial fund. Fees received under this section may |
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be appropriated only to the supreme court support account, and the |
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comptroller shall allocate to the account amounts as designated in |
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the General Appropriations Act from the judicial fund that were |
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deposited under this section. |
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(d) The supreme court shall administer the funds deposited |
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under this section and appropriated to the supreme court support |
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account. The chief justice may make disbursements from the account |
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for court-related purposes to defray costs and expenses incurred in |
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the operation of the supreme court. |
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(e) The supreme court shall file an accounting with the |
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Legislative Budget Board not later than November 1 following each |
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state fiscal year showing disbursements made from the supreme court |
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support account during the previous state fiscal year and the |
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purpose of each disbursement. The expenditures are subject to |
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audit by the comptroller and the state auditor. |
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SECTION 2. Subchapter C, Chapter 51, Government Code, is |
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amended by adding Section 51.208 to read as follows: |
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Sec. 51.208. ADDITIONAL FEES. (a) The clerk of a court of |
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appeals shall collect an additional fee on the filing of any case |
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appealed to and filed in the court of appeals that otherwise |
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requires a filing fee. The additional fee is in an amount equal to |
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the amount of the additional fee set by order or rule of the supreme |
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court and imposed under Section 51.0051. |
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(b) The clerk shall collect fees imposed under this section |
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in the same manner as other fees, fines, or costs are collected in |
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the proceeding and shall send the fees imposed under this section to |
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the comptroller not later than the last day of the month following |
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each calendar quarter. The comptroller shall deposit the fees |
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received to the credit of the judicial fund. |
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(c) Fees received under this section may be appropriated |
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only to the supreme court support account established under Section |
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51.0051. The comptroller shall allocate to the account amounts as |
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designated in the General Appropriations Act from the judicial fund |
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that were deposited under this section. |
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(d) The supreme court shall administer the funds deposited |
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under this section and appropriated to the supreme court support |
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account in the manner provided by Section 51.0051. |
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SECTION 3. Subchapter B, Chapter 101, Government Code, is |
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amended by adding Section 101.022 to read as follows: |
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Sec. 101.022. ADDITIONAL SUPREME COURT FEES AND COSTS. The |
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clerk of the supreme court shall collect a supreme court support |
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account filing fee in an amount set by the supreme court, not to |
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exceed $50, under Section 51.0051. |
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SECTION 4. Subchapter C, Chapter 101, Government Code, is |
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amended by adding Section 101.042 to read as follows: |
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Sec. 101.042. ADDITIONAL COURT OF APPEALS FEES AND COSTS. |
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The clerk of a court of appeals shall collect a filing fee under |
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Section 51.208 in the amount of the supreme court support account |
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filing fee set by the supreme court, not to exceed $50, under |
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Section 51.0051. |
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SECTION 5. Sections 51.0051 and 51.208, Government Code, as |
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added by this Act, apply only to an action or proceeding filed on or |
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after the effective date of this Act. An action or proceeding filed |
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before the effective date of this Act is governed by the law in |
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effect at the time the action or proceeding was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |