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A BILL TO BE ENTITLED
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relating to authorizing the imposition of additional fees for |
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filing civil cases 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: |
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(1) for the construction, renovation, or improvement |
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of the facilities that house the Nueces 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, including refunding bonds, issued for the |
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construction, renovation, or improvement of the facilities that |
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house the Nueces 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 an order authorizing a fee of not more than |
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$20; |
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(2) adopts an order requiring the county to spend one |
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dollar for the construction, renovation, or improvement of the |
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facilities that house the Nueces County civil courts for each |
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dollar spent from the special account dedicated to that purpose; |
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and |
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(3) files the orders with the county treasurer or with |
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any other official who discharges the duties commonly assigned to |
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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) An order adopted under Subsection (e) continues from |
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year to year until October 1, 2036, allowing Nueces County to |
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collect fees under the terms of this section until the order is |
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rescinded. |
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(g) The Commissioners Court of Nueces County may rescind an |
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order adopted under Subsection (e) by adopting an order rescinding |
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the order and submitting the rescission order to the county |
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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 |
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authorization order in the manner provided by Subsection (e) after |
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rescinding a previous order under that subsection. |
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(h) A fee established under a particular order is abolished |
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on the earlier of: |
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(1) the date an order adopted under Subsection (e) is |
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rescinded as provided by Subsection (g); or |
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(2) October 1, 2036. |
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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, 2037. |
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SECTION 2. (a) Notwithstanding Section 51.607(c), |
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Government Code, the clerk of a court may begin collecting the fee |
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authorized by Section 51.712(b), Government Code, as added by this |
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Act, October 1, 2021, if: |
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(1) the requirements of Section 51.712, Government |
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Code, as added by this Act, are satisfied; and |
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(2) this Act is passed by a record vote of two-thirds |
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of all the members elected to each house of the legislature on final |
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consideration in each house, as required by Section 46(d), Article |
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III, Texas Constitution. |
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(b) If this Act does not receive the vote specified by |
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Subsection (a)(2) of this section, the clerk of a court may not |
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begin collecting the fee authorized by Section 51.712(b), |
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Government Code, as added by this Act, until October 1 of the first |
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year after 2021 in which the requirements of Section 51.712, |
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Government Code, as added by this Act, are satisfied. |
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SECTION 3. 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, 2021. |