Honorable Royce West, Chair, Senate Committee on Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB1827 by Deuell (Relating to an additional fee for filing civil cases in certain Rockwall County courts.), As Introduced
No fiscal implication to the State is anticipated.
The bill would amend Chapters 51 and 101 of the Government Code to create an additional fee for filing civil cases in Rockwall County courts. The bill would require the court clerk to collect a filing fee of not more than $15 in each civil case filed in a district court, statutory probate court, county court at law, or justice court in Rockwall County. The fee would be used for the construction, renovation, or improvement of the facilities that house the courts collecting the fee. The fees collected would be retained by the county; therefore, no fiscal impact to the state is anticipated.
The bill would require the court clerk to remit the fees to the county treasurer. The treasurer would deposit the fees in a special account dedicated to construction, renovation or improvement of court facilities. The bill would require the commissioners court to adopt a resolution authorizing a fee of not more than $15 and file the resolution with the county treasurer not later than June 1. The fee would go into effect on July 1 of the year the commissioners court authorizes the fee and would continue until July 1, 2025, or until the resolution authorizing the fee is rescinded.
The bill would take effect immediately upon enactment, assuming that it receives the required two-thirds majority votes in both houses of the Legislature. Otherwise, it would take effect September 1, 2013.
Local Government Impact
The Comptroller of Public Accounts contacted Rockwall County to determine the fiscal impact. Rockwall County's fiscal year (FY) begins October 1. Rockwall County reported that 2,844 civil cases were filed in district courts, statutory probate courts, county courts at law, and justice courts in FY 2014. The $15 fee would total $42,660 per year based on an estimated 2,844 civil cases per year.
Rockwall County estimated it would collect $10,665 in the last three months of FY 2014 if the bill takes effect September 1, 2013, and the fee is authorized by the commissioners court by June 1, 2014. Rockwall County estimated it would collect $42,660 per year for FY 2015-18. Rockwall County estimated no costs to implementing the fee.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts