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


Office of House Bill AnalysisC.S.H.B. 3586
By: Hartnett
Judicial Affairs
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

During the summer of 2000, a "blue ribbon" committee was established, which
was composed of representatives from the Dallas Bar Association, the Dallas
County Commissioners Court, and the county and district judges, to consider
the needs for present and future civil courtrooms in Dallas County.  The
committee's recommendation was to remodel the George Allen Courthouse and
build a judicial tower on the adjacent lot. C.S.H.B. 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

C.S.H.B. 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3586 differs from the original bill by adding a justice court to
the term "Dallas County civil court" (court) and by providing that the term
does not include a small claims court.  The substitute reduces from $40 to
$15 the maximum amount of the filing fee that a clerk of the court is
required to collect in each civil case filed in the court and authorizes
the fee to be used for improvements of the facilities that house the
courts. The substitute establishes that provisions regarding the additional
filing fee for the courts apply only to fees for a 12-month period
beginning July1, if the commissioners court 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. The substitute provides that
resolutions continue from year to  year until July 1, 2016, rather than
July 1, 2011. The substitute removes the provision requiring the county to
deposit one dollar in addition to each dollar that the county treasurer
deposits in the special account.