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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the statewide electronic filing |
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system fund and to certain court fees and court costs to fund the |
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account; imposing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Government Code, is amended by |
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adding Subchapter I-1 to read as follows: |
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SUBCHAPTER I-1. ELECTRONIC FILING FEE |
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Sec. 51.851. ELECTRONIC FILING FEE. (a) In addition to |
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other fees authorized or required by law, the clerk of the supreme |
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court, a court of appeals, a district court, a county court, a |
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statutory county court, or a statutory probate court shall collect |
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a $15 fee on the filing of any civil action or proceeding requiring |
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a filing fee, including an appeal, and on the filing of any |
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counterclaim, cross-action, intervention, interpleader, or |
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third-party action requiring a filing fee to be used as provided by |
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Section 51.852. |
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(b) In addition to other fees authorized or required by law, |
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the clerk of a justice court shall collect a $5 fee on the filing of |
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any civil action or proceeding requiring a filing fee, including an |
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appeal, and on the filing of any counterclaim, cross-action, |
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intervention, interpleader, or third-party action requiring a |
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filing fee to be used as provided by Section 51.852. |
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(c) In addition to other court costs, a person shall pay $5 |
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as a court cost on conviction of any criminal offense in a district |
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court, county court, statutory county court, or justice court, |
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including cases in which probation or deferred adjudication is |
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granted. A conviction that arises under Chapter 521, |
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Transportation Code, or a conviction under Subtitle C, Title 7, |
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Transportation Code, is included, except that a conviction arising |
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under any law that regulates pedestrians or the parking of motor |
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vehicles is not included. |
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(d) A court may waive payment of a court cost or fee due |
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under this section for an individual the court determines is |
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indigent. |
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(e) Court costs and fees due under this section shall be |
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collected in the same manner as other fees, fines, or costs in the |
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case. |
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(f) The clerk shall send the court costs and fees collected |
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under this section to the comptroller not later than the last day of |
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the month following each calendar quarter. |
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(g) The comptroller shall deposit the court costs and fees |
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received under this section to the credit of the statewide |
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electronic filing system fund established under Section 51.852. |
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Sec. 51.852. STATEWIDE ELECTRONIC FILING SYSTEM FUND. (a) |
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The statewide electronic filing system fund is an account in the |
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general revenue fund. |
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(b) Money in the statewide electronic filing system fund may |
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only be appropriated to the Office of Court Administration of the |
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Texas Judicial System and used to: |
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(1) support a statewide electronic filing technology |
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project for courts in this state; |
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(2) provide grants to counties to implement components |
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of the project; or |
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(3) support court technology projects that have a |
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statewide impact as determined by the office of court |
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administration. |
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SECTION 2. Subchapter B, Chapter 101, Government Code, is |
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amended by adding Section 101.0211 to read as follows: |
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Sec. 101.0211. ADDITIONAL SUPREME COURT FEES: GOVERNMENT |
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CODE. The clerk of the supreme court shall collect a statewide |
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electronic filing system fund fee of $15 under Section 51.851, |
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Government Code. |
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SECTION 3. Subchapter C, Chapter 101, Government Code, is |
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amended by adding Section 101.0411 to read as follows: |
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Sec. 101.0411. ADDITIONAL COURT OF APPEALS FEES: GOVERNMENT |
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CODE. The clerk of a court of appeals shall collect a statewide |
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electronic filing system fund fee of $15 under Section 51.851, |
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Government Code. |
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SECTION 4. Subchapter D, Chapter 101, Government Code, is |
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amended by adding Section 101.06118 to read as follows: |
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Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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CODE. The clerk of a district court shall collect a statewide |
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electronic filing system fund fee of $15 under Section 51.851, |
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Government Code. |
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SECTION 5. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.08117 to read as follows: |
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Sec. 101.08117. ADDITIONAL STATUTORY COUNTY COURT FEES: |
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GOVERNMENT CODE. The clerk of a statutory county court shall |
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collect a statewide electronic filing system fund fee of $15 under |
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Section 51.851, Government Code. |
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SECTION 6. Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.10116 to read as follows: |
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Sec. 101.10116. ADDITIONAL STATUTORY PROBATE COURT FEES: |
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GOVERNMENT CODE. The clerk of a statutory probate court shall |
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collect a statewide electronic filing system fund fee of $15 under |
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Section 51.851, Government Code. |
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SECTION 7. Subchapter G, Chapter 101, Government Code, is |
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amended by adding Section 101.12126 to read as follows: |
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Sec. 101.12126. ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
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CODE. The clerk of a county court shall collect a statewide |
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electronic filing system fund fee of $15 under Section 51.851, |
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Government Code. |
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SECTION 8. Subchapter H, Chapter 101, Government Code, is |
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amended by adding Section 101.1411 to read as follows: |
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Sec. 101.1411. ADDITIONAL JUSTICE COURT FEES: GOVERNMENT |
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CODE. The clerk of a justice court shall collect a statewide |
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electronic filing system fund fee of $5 under Section 51.851, |
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Government Code. |
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SECTION 9. Subchapter C, Chapter 102, Government Code, is |
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amended by adding Section 102.0415 to read as follows: |
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Sec. 102.0415. ADDITIONAL COURT COSTS ON CONVICTION IN |
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DISTRICT COURT: GOVERNMENT CODE. The clerk of a district court |
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shall collect from a defendant a court cost on conviction of $5 |
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under Section 51.851, Government Code. |
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SECTION 10. Subchapter D, Chapter 102, Government Code, is |
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amended by adding Section 102.0615 to read as follows: |
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Sec. 102.0615. ADDITIONAL COURT COSTS ON CONVICTION IN |
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STATUTORY COUNTY COURT: GOVERNMENT CODE. The clerk of a statutory |
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county court shall collect from a defendant a court cost on |
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conviction of $5 under Section 51.851, Government Code. |
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SECTION 11. Subchapter E, Chapter 102, Government Code, is |
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amended by adding Section 102.082 to read as follows: |
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Sec. 102.082. ADDITIONAL COURT COSTS ON CONVICTION IN |
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COUNTY COURT: GOVERNMENT CODE. The clerk of a county court shall |
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collect from a defendant a court cost on conviction of $5 under |
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Section 51.851, Government Code. |
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SECTION 12. Subchapter F, Chapter 102, Government Code, is |
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amended by adding Section 102.1025 to read as follows: |
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Sec. 102.1025. ADDITIONAL COURT COSTS ON CONVICTION IN |
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JUSTICE COURT: GOVERNMENT CODE. The clerk of a justice court shall |
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collect from a defendant a court cost on conviction of $5 under |
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Section 51.851, Government Code. |
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SECTION 13. Section 133.058(d), Local Government Code, is |
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amended to read as follows: |
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(d) A county may not retain a service fee on the collection |
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of a fee: |
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(1) for the judicial fund; [or] |
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(2) under Sections 14 and 19, Article 42.12, Code of |
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Criminal Procedure; or |
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(3) under Section 51.851, Government Code. |
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SECTION 14. The imposition of a cost of court on conviction |
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under Section 51.851, Government Code, as added by this Act, |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 15. (a) Section 51.607, Government Code, does not |
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apply to the imposition of a fee assessed under: |
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(1) Section 51.851, Government Code, as added by this |
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Act; |
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(2) Section 101.0211, Government Code, as added by |
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this Act; |
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(3) Section 101.0411, Government Code, as added by |
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this Act; |
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(4) Section 101.06118, Government Code, as added by |
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this Act; |
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(5) Section 101.08117, Government Code, as added by |
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this Act; |
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(6) Section 101.10116, Government Code, as added by |
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this Act; |
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(7) Section 101.12126, Government Code, as added by |
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this Act; |
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(8) Section 101.1411, Government Code, as added by |
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this Act; |
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(9) Section 102.0415, Government Code, as added by |
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this Act; |
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(10) Section 102.0615, Government Code, as added by |
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this Act; |
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(11) Section 102.082, Government Code, as added by |
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this Act; or |
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(12) Section 102.1025, Government Code, as added by |
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this Act. |
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(b) The changes in law made by this Act apply only to a fee |
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that becomes payable on or after September 1, 2013. A fee that |
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becomes payable before that date is governed by the law in effect |
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when the fee became payable, and the former law is continued in |
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effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2013. |