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.