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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of additional fees for filing civil |
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cases and for recording certain documents in Hidalgo 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 51.711 to read as follows: |
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Sec. 51.711. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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HIDALGO COUNTY. (a) This section applies only to district courts, |
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statutory probate courts, and county courts at law in Hidalgo |
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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 $20 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 Hidalgo |
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County civil courts. |
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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 shall send the fees collected under this |
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section to the county treasurer or to any other official who |
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discharges the duties commonly assigned to the county treasurer at |
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least as frequently as monthly. The treasurer or other official |
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shall deposit the fees in a special account in the county treasury |
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dedicated to the construction, renovation, or improvement of the |
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facilities that house the courts collecting the fee. |
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(e) This section applies only to fees for a 12-month period |
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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 $20; |
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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, 2030, allowing the county to |
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collect fees under the terms of this section until the resolution is |
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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 an additional resolution |
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in the manner provided by Subsection (e) after rescinding a |
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previous resolution 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, 2030. |
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(i) The county may make the required expenditure described |
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by Subsection (e)(2) at any time, regardless of when the |
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expenditure 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 101.061192 to read as follows: |
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Sec. 101.061192. ADDITIONAL DISTRICT COURT FEES FOR COURT |
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FACILITIES: GOVERNMENT CODE. The clerk of a district court in |
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Hidalgo County shall collect an additional filing fee of not more |
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than $20 under Section 51.711 in civil cases to fund the |
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construction, renovation, or improvement of court facilities, if |
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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 101.081191 to read as follows: |
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Sec. 101.081191. ADDITIONAL STATUTORY COUNTY COURT FEES FOR |
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COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county |
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court in Hidalgo County shall collect an additional filing fee of |
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not more than $20 under Section 51.711 in civil cases to fund the |
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construction, renovation, or improvement of court facilities, if |
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authorized by the county commissioners court. |
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SECTION 4. Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.10119 to read as follows: |
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Sec. 101.10119. ADDITIONAL STATUTORY PROBATE COURT FEES FOR |
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COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory |
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probate court in Hidalgo County shall collect an additional filing |
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fee of not more than $20 under Section 51.711 in civil cases to fund |
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the construction, renovation, or improvement of court facilities, |
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if authorized by the county commissioners court. |
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SECTION 5. Section 118.011, Local Government Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) The county clerk of a county shall, if the commissioners |
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court of the county adopts the fee, collect the following fee from |
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any person: |
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Real Property Records Filing (Sec. 118.0131) |
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. . . . . . . not more than $10 |
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SECTION 6. Subchapter B, Chapter 118, Local Government |
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Code, is amended by adding Section 118.0131 to read as follows: |
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Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES: |
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HIDALGO COUNTY. The county clerk of Hidalgo County may assess an |
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additional fee not to exceed $10 for real property records filing to |
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fund the construction, renovation, or improvement of court |
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facilities, if authorized by the commissioners court of the county. |
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SECTION 7. The changes in law made by this Act apply only to |
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a fee that becomes payable on or after the effective date of this |
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Act. A fee that becomes payable before that date is governed by the |
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law in effect when the fee became payable, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. 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, 2015. |
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