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A BILL TO BE ENTITLED
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AN ACT
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relating to an additional filing fee for civil cases filed in Bexar |
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County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 51, Government Code, is |
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amended by adding Section 51.706 to read as follows: |
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Sec. 51.706. ADDITIONAL FILING FEE FOR CIVIL CASES IN BEXAR |
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COUNTY. (a) This section applies only to district courts, |
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statutory probate courts, and county courts at law in Bexar County. |
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(b) Except as otherwise provided by this section and in |
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addition to all other fees authorized or required by other law, the |
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clerk of a court shall collect a filing fee of not more than $15 in |
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each civil case filed in the court to be used for the construction, |
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renovation, or improvement of the facilities that house the Bexar |
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County civil and criminal courts. The fee does not apply to a suit |
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affecting the parent-child relationship for the adoption of a child |
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or the termination of parental rights. |
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(c) Court fees due under this section shall be collected in |
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the same manner as other fees, fines, or costs are collected in the |
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case. |
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(d) The clerk at least monthly shall send the fees collected |
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under this section to the county treasurer or to any other official |
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who discharges the duties commonly assigned to the county |
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treasurer. The treasurer or other official shall deposit the fees |
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in a special account in the county treasury dedicated to the |
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construction, renovation, or improvement of the facilities that |
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house the Bexar County civil and criminal courts. |
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(e) This section applies only to the collection of fees for |
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a 12-month period beginning October 1, if the commissioners court: |
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(1) adopts a resolution authorizing a fee of not more |
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than $15; |
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(2) adopts a resolution requiring the county to spend |
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one dollar for the construction, renovation, or improvement of the |
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court facilities for each dollar spent from the special account |
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dedicated to that purpose; and |
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(3) files the resolutions with the county treasurer or |
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with any other official who discharges the duties commonly assigned |
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to the county treasurer not later than September 1 immediately |
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preceding the first 12-month period during which the fees are to be |
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collected. |
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(f) A resolution adopted under Subsection (e) continues |
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from year to year until October 1, 2024, allowing the county to |
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collect fees in accordance with this section until the resolution |
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is rescinded. |
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(g) The commissioners court may rescind a resolution |
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adopted under Subsection (e) by adopting a resolution rescinding |
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the resolution and submitting the rescission resolution to the |
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county treasurer or to any other official who discharges the duties |
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commonly assigned to the county treasurer not later than September |
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1 preceding the beginning of the first day of the county fiscal |
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year. The commissioners court may adopt another resolution in the |
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manner provided by Subsection (e) after rescinding a previous |
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resolution adopted under that subsection. |
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(h) A fee established under a particular resolution is |
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abolished on the earlier of: |
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(1) the date a resolution adopted under Subsection (e) |
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is rescinded as provided by Subsection (g); or |
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(2) October 1, 2024. |
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(i) The county may make the expenditure required under |
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Subsection (e)(2) at any time, regardless of when the expenditure |
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from the special account occurs. |
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SECTION 2. Subchapter D, Chapter 101, Government Code, is |
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amended by adding Section 101.06111 to read as follows: |
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Sec. 101.06111. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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CODE. The clerk of a district court in Bexar County shall collect |
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an additional filing fee not to exceed $15 under Section 51.706, |
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Government Code, in certain civil cases to fund the improvement of |
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court facilities, if authorized by the county commissioners court. |
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SECTION 3. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.08111 to read as follows: |
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Sec. 101.08111. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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GOVERNMENT CODE. The clerk of a statutory county court in Bexar |
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County shall collect an additional filing fee not to exceed $15 |
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under Section 51.706, Government Code, in certain civil cases to |
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fund the improvement of court facilities, if authorized by the |
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county commissioners court. |
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SECTION 4. Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.10111 to read as follows: |
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Sec. 101.10111. ADDITIONAL STATUTORY PROBATE COURT FEES: |
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GOVERNMENT CODE. The clerk of a statutory probate court in Bexar |
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County shall collect an additional filing fee not to exceed $15 |
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under Section 51.706, Government Code, in certain civil cases to |
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fund the improvement of court facilities, if authorized by the |
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county commissioners court. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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