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Texas Government Code - GOV'T § 51.713. Additional Filing Fee for Civil Cases in Willacy County and Starr County

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) This section applies only to:

(1) district courts, the constitutional county court, and justice courts in Willacy County;  and

(2) district courts, the county court at law, and justice courts in Starr County.

(b) Except as otherwise provided by this section and in addition to all other fees authorized or required by other law, the clerk of a court shall collect a filing fee of not more than $20 in each civil case filed in the court, if the fee is authorized by the commissioners court of the county collecting the fee.  A fee collected under this section is to be used:

(1) for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts;  and

(2) to pay the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts.

(c) Court fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case.

(d) The clerk shall send the fees collected under this section to the county treasurer of the county in which the court is located or to any other official who discharges the duties commonly assigned to the county treasurer at least as frequently as monthly.  The treasurer or other official shall deposit the fees in a special account in the county treasury dedicated to:

(1) the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts;  and

(2) pay the principal of, interest on, and costs of issuance of bonds issued for the construction, renovation, or improvement of the facilities that house the Willacy County or Starr County civil courts.

(e) This section applies only to fees for a 12-month period beginning October 1, if the commissioners court of the county collecting the fee:

(1) adopts a resolution authorizing a fee of not more than $20;

(2) adopts a resolution requiring the county to spend one dollar for the construction, renovation, or improvement of the court facilities or to pay the principal of, interest on, and costs of issuance of bonds issued for the construction of court facilities for each dollar spent from the special account dedicated to that purpose;  and

(3) files the resolutions with the county treasurer or with any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 immediately preceding the first 12-month period during which the fees are to be collected.

(f) A resolution adopted under Subsection (e) continues from year to year until October 1, 2045, allowing the county to collect fees under the terms of this section until the resolution is rescinded.

(g) The commissioners court of the county collecting the fee may rescind a resolution adopted under Subsection (e) by adopting a resolution rescinding the resolution and submitting the rescission resolution to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer not later than September 1 preceding the beginning of the first day of the county fiscal year.  The commissioners court may adopt an additional resolution in the manner provided by Subsection (e) after rescinding a previous resolution under that subsection.

(h) A fee established under a particular resolution is abolished on the earlier of:

(1) the date a resolution adopted under Subsection (e) is rescinded as provided by Subsection (g);  or

(2) October 1, 2045.

(i) Willacy County or Starr County may make the required expenditure described by Subsection (e)(2) at any time, regardless of when the expenditure from the special account occurs.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 51.713. Additional Filing Fee for Civil Cases in Willacy County and Starr County - last updated April 14, 2021 | https://codes.findlaw.com/tx/government-code/gov-t-sect-51-713.html

Read this complete Texas Government Code - GOV'T § 51.713. Additional Filing Fee for Civil Cases in Willacy County and Starr County on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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