By: Berlanga H.B. No. 2451
73R5831 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to additional court filing fees to provide civil legal
1-3 services to the indigent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 51, Government Code, is amended by adding
1-6 Subchapter J to read as follows:
1-7 SUBCHAPTER J. ADDITIONAL FILING FEE FOR CIVIL
1-8 LEGAL SERVICES FOR INDIGENTS
1-9 Sec. 51.901. ADDITIONAL FILING FEE FOR CIVIL LEGAL SERVICES
1-10 FOR INDIGENTS. (a) In addition to other fees authorized or
1-11 required by law, the clerk of each court shall collect the
1-12 following fees on the filing of any civil action or proceeding
1-13 requiring a filing fee and on the filing of any counterclaim, cross
1-14 action, intervention, interpleader, or third-party action requiring
1-15 a filing fee:
1-16 (1) district courts, for other than divorce and other
1-17 family law matters ........................................... $10;
1-18 (2) district courts, divorce and other family law
1-19 matters ....................................................... $5;
1-20 (3) statutory and constitutional county courts ... $5;
1-21 (4) justice of the peace courts .................. $4;
1-22 (5) small claims courts ......................... $3.
1-23 (b) Court fees under this subchapter shall be collected in
1-24 the same manner as other fees, fines, or costs in the case.
2-1 (c) The clerk shall send the fees collected under this
2-2 subchapter to the comptroller at least as frequently as monthly.
2-3 The comptroller shall deposit the fees to the credit of the civil
2-4 legal services account of the judicial fund for use in programs
2-5 approved by the State Bar of Texas that provide civil legal
2-6 services to the indigent.
2-7 (d) The State Bar of Texas Board of Directors shall adopt
2-8 rules and procedures for the distribution of funds under this
2-9 subchapter to nonprofit organizations that provide civil legal
2-10 services to persons meeting the income eligibility requirements of
2-11 the federal Legal Services Corporation or any successor
2-12 organization to that corporation.
2-13 (e) In this section, "family law matters" has the meaning
2-14 assigned "family law cases and proceedings" by Section 25.0002.
2-15 Sec. 51.902. CIVIL LEGAL SERVICES ACCOUNT. (a) The civil
2-16 legal services account is an account in the judicial fund
2-17 administered by the State Bar of Texas as directed by the supreme
2-18 court.
2-19 (b) Funds in the civil legal services account may only be
2-20 used for the support of programs approved by the State Bar of Texas
2-21 that provide civil legal services to the indigent. The comptroller
2-22 may pay money from the account only on vouchers approved by the
2-23 supreme court.
2-24 (c) The State Bar of Texas shall file a report with the
2-25 Legislative Budget Board at the end of each fiscal year showing
2-26 disbursements from the account and the purpose for each
2-27 disbursement. All funds expended are subject to audit by the
3-1 comptroller and the state auditor.
3-2 (d) Funds from the civil legal services account may be used
3-3 to pay in full or in part or to supplement the salary of an
3-4 existing employee of the State Bar of Texas or to hire additional
3-5 personnel.
3-6 (e) The purpose of this subchapter is to increase the funds
3-7 available for civil legal services to the indigent. Funds
3-8 available from the civil legal services account may be supplemented
3-9 by local or federal funds and private or public grants.
3-10 SECTION 2. This Act takes effect September 1, 1993, and
3-11 applies only to fees for suits, counterclaims, cross actions,
3-12 interventions, interpleaders, or third-party actions filed on or
3-13 after that date.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.