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A BILL TO BE ENTITLED
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relating to imposing additional fees for filing civil cases and |
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recording certain documents in Nueces 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 51.712 to read as follows: |
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Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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NUECES COUNTY. (a) This section applies only to district courts |
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and county courts at law in Nueces 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 Nueces |
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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 of Nueces County or to any other |
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official who discharges the duties commonly assigned to the county |
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treasurer at least as frequently as monthly. The treasurer or other |
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official shall deposit the fees in a special account in the county |
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treasury dedicated to the construction, renovation, or improvement |
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of the facilities that house the Nueces County civil 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 of Nueces County: |
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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, 2034, allowing Nueces 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 Nueces County may rescind a |
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resolution adopted under Subsection (e) by adopting a resolution |
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rescinding the resolution and submitting the rescission resolution |
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to the county treasurer or to any other official who discharges the |
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duties commonly assigned to the county treasurer not later than |
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September 1 preceding the beginning of the first day of the county |
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fiscal year. The commissioners court may adopt an additional |
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resolution in the manner provided by Subsection (e) after |
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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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is rescinded as provided by Subsection (g); or |
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(2) October 1, 2034. |
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(i) Nueces County may make the required expenditure |
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described 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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(j) This section expires September 1, 2035. |
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SECTION 2. Subchapter D, Chapter 101, Government Code, is |
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amended by adding Section 101.06112 to read as follows: |
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Sec. 101.06112. ADDITIONAL DISTRICT COURT FEES FOR COURT |
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FACILITIES: GOVERNMENT CODE. The clerk of a district court in |
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Nueces County shall collect an additional filing fee of not more |
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than $20 under Section 51.712, Government Code, in civil cases to |
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fund the construction, renovation, or improvement of court |
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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 101.08112 to read as follows: |
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Sec. 101.08112. 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 Nueces County shall collect an additional filing fee of not |
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more than $20 under Section 51.712, Government Code, in civil cases |
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to fund the construction, renovation, or improvement of court |
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facilities, if authorized by the county commissioners court. |
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SECTION 4. Section 118.0131, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.0131. OPTIONAL RECORDING FEES FOR COURT FACILITIES |
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IN CERTAIN COUNTIES [FACILITIES: HIDALGO COUNTY AND CAMERON
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COUNTY]. The county clerk of Hidalgo County, [and] the county clerk |
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of Cameron County, and the county clerk of Nueces County may assess |
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an additional fee not to exceed $10 for a real property records |
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filing to fund the construction, renovation, or improvement of |
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court facilities, if authorized by the commissioners court of the |
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county. |
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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, 2019. |