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A BILL TO BE ENTITLED
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AN ACT
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relating to filing fees imposed in civil cases in Hidalgo County, |
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Cameron County, and Willacy County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.711, Government Code, is amended by |
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amending Subsections (b), (f), (g), (h), and (i) and adding |
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Subsection (e-1) to read as follows: |
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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: |
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(1) for the construction, renovation, or improvement |
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of the facilities that house the Hidalgo County or Cameron County |
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civil courts; and |
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(2) to pay the principal of, interest on, and costs of |
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issuance of bonds issued for the construction, renovation, or |
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improvement of the facilities that house the Hidalgo County or |
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Cameron County civil courts. |
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(e-1) If Hidalgo County or Cameron County has adopted a |
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resolution authorizing a fee as provided by Subsection (e) that is |
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abolished on or before October 1, 2030, the county may: |
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(1) adopt a resolution authorizing the fee adopted |
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under Subsection (e) to continue until October 1, 2045; |
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(2) adopt a resolution providing that the county must |
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continue to spend one dollar for the construction, renovation, or |
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improvement of the court facilities for each dollar spent from the |
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special account dedicated to that purpose; and |
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(3) file the resolution adopted under this subsection |
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with the county treasurer or with any other official who discharges |
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the duties commonly assigned to the county treasurer not later than |
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September 1 immediately preceding the first 12-month period during |
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which the county has authorized the fee to continue to be collected |
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through October 1, 2045. |
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(f) A resolution adopted under Subsection (e) continues |
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from year to year until October 1, 2030, if adopted under Subsection |
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(e) before September 1, 2017, or October 1, 2045, if adopted under |
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Subsection (e) on or after September 1, 2017, 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. A resolution adopted under Subsection (e-1) continues |
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from year to year until October 1, 2045, 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 of the county collecting the fee |
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may rescind a resolution adopted under Subsection (e) or (e-1) by |
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adopting a resolution rescinding the resolution and submitting the |
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rescission resolution to the county treasurer or to any other |
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official who discharges the duties commonly assigned to the county |
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treasurer not later than September 1 preceding the beginning of the |
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first day of the county fiscal year. The commissioners court may |
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adopt an additional resolution in the manner provided by Subsection |
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(e) after rescinding a 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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or (e-1) is rescinded as provided by Subsection (g); [or] |
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(2) October 1, 2030, if adopted under Subsection (e) |
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before September 1, 2017; |
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(3) October 1, 2045, if adopted under Subsection (e) |
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on or after September 1, 2017; or |
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(4) October 1, 2045, if adopted under Subsection |
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(e-1). |
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(i) Hidalgo County or Cameron County may make the required |
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expenditure described by Subsection (e)(2) or (e-1)(2) at any time, |
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regardless of when the expenditure from the special account occurs. |
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SECTION 2. Subchapter H, Chapter 51, Government Code, is |
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amended by adding Section 51.713 to read as follows: |
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Sec. 51.713. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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WILLACY COUNTY. (a) This section applies only to district courts, |
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the constitutional county court, and justice courts in Willacy |
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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: |
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(1) for the construction, renovation, or improvement |
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of the facilities that house the Willacy County civil courts; and |
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(2) to pay the principal of, interest on, and costs of |
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issuance of bonds issued for the construction, renovation, or |
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improvement of the facilities that house the Willacy County civil |
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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: |
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(1) the construction, renovation, or improvement of |
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the facilities that house the Willacy County civil courts; and |
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(2) pay the principal of, interest on, and costs of |
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issuance of bonds issued for the construction, renovation, or |
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improvement of the facilities that house the Willacy County civil |
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courts. |
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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 or to pay the principal of, interest on, and costs |
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of issuance of bonds issued for the construction of court |
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facilities for each dollar spent from the special account dedicated |
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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, 2045, 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, 2045. |
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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 3. Subchapter D, Chapter 101, Government Code, is |
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amended by adding Sections 101.061194 and 101.061195 to read as |
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follows: |
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Sec. 101.061194. 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 and the clerk of a district court in Cameron County |
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shall collect an additional filing fee of not more than $20 under |
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Section 51.711, Government Code, in civil cases to fund the payment |
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of the principal of, interest on, and costs of issuance of bonds |
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issued for the construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court. |
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Sec. 101.061195. ADDITIONAL DISTRICT COURT FEES FOR COURT |
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FACILITIES: GOVERNMENT CODE. The clerk of a district court in |
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Willacy County shall collect an additional filing fee of not more |
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than $20 under Section 51.713, Government Code, in civil cases to |
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fund the: |
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(1) construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court; and |
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(2) payment of the principal of, interest on, and |
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costs of issuance of bonds issued for the construction, renovation, |
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or improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 4. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.081193 to read as follows: |
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Sec. 101.081193. 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 and the clerk of a statutory county court in |
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Cameron County shall collect an additional filing fee of not more |
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than $20 under Section 51.711, Government Code, in civil cases to |
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fund the payment of the principal of, interest on, and costs of |
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issuance of bonds issued for the construction, renovation, or |
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improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 5. Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.101192 to read as follows: |
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Sec. 101.101192. ADDITIONAL STATUTORY PROBATE COURT FEES |
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FOR 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, Government Code, in |
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civil cases to fund the payment of the principal of, interest on, |
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and costs of issuance of bonds issued for the construction, |
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renovation, or improvement of court facilities, if authorized by |
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the county commissioners court. |
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SECTION 6. Subchapter G, Chapter 101, Government Code, is |
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amended by adding Section 101.12122 to read as follows: |
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Sec. 101.12122. ADDITIONAL COUNTY COURT FEES FOR COURT |
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FACILITIES: GOVERNMENT CODE. The clerk of the county court in |
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Willacy County shall collect an additional filing fee of not more |
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than $20 under Section 51.713, Government Code, in civil cases to |
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fund the: |
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(1) construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court; and |
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(2) payment of the principal of, interest on, and |
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costs of issuance of bonds issued for the construction, renovation, |
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or improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 7. Subchapter H, Chapter 101, Government Code, is |
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amended by adding Section 101.143 to read as follows: |
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Sec. 101.143. ADDITIONAL JUSTICE COURT FEES FOR COURT |
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FACILITIES COLLECTED BY CLERK. The clerk of a justice court in |
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Willacy County shall collect an additional filing fee of not more |
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than $20 under Section 51.713, Government Code, in civil cases to |
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fund the: |
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(1) construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court; and |
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(2) payment of the principal of, interest on, and |
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costs of issuance of bonds issued for the construction, renovation, |
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or improvement of court facilities, if authorized by the county |
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commissioners court. |
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SECTION 8. This Act takes effect September 1, 2017. |