HBA-CBW MSH H.B. 3586 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3586
By: Hartnett
Judicial Affairs
8/3/2001
Enrolled



BACKGROUND AND PURPOSE 

During the summer of 2000, a "blue ribbon" committee composed of
representatives from the Dallas Bar Association, the Dallas County
Commissioners Court, and the county and district judges was established to
consider the needs for present and future civil courtrooms in Dallas
County.  The committees recommendation was to remodel the George Allen
Courthouse and build a judicial tower on the adjacent lot. House Bill 3586
requires the clerk of a Dallas County civil court to collect a filing fee
of not more than $15 in each civil case filed in the court to be used for
the construction, improvement, or renovation of the facilities that house
the Dallas County civil courts. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3586 amends the Government Code to require the clerk of a Dallas
County civil court (court), in addition to all other fees, to collect a
filing fee of not more than $15 in each civil case filed in the court to be
used for the construction, renovation, or improvement of the facilities
that house the courts and requires that the fee be collected in the same
manner as other fees, fines, or costs. 

The bill requires the clerk to send the fees collected to the county
treasurer at least monthly and requires the treasurer to deposit the fees
in a special account in the county treasury dedicated to the construction,
renovation, or improvement of the facilities that house the courts. These
provisions apply only to fees for a 12-month period beginning July 1 if the
commissioners court  adopts a resolution authorizing a fee of no more than
$15, adopts a resolution requiring the county to spend one dollar for the
construction, renovation, or improvement of the courts' facilities for each
dollar spent from the special account dedicated to that purpose and files
the resolutions by a specified date.  The county is authorized to make the
aforementioned required expenditure at any time regardless of when the
expenditure from the special account occurs. 

The bill establishes that the adopted resolution continues from year to
year until July 1, 2016, allowing the county to collect fees until the
resolution is rescinded. The bill authorizes the commissioners court to
rescind a resolution by adopting a resolution rescinding the resolution and
submitting the rescission resolution to the county treasurer not later than
June 1 preceding the beginning of the first day of the county fiscal year.
The bill authorizes the commissioners court to adopt an additional
resolution in the same manner prescribed by the aforementioned provisions
after rescinding a previous resolution. The bill sets forth provisions
regarding the abolition of a fee. 

EFFECTIVE DATE

June 15, 2001.