By: Goodman H.B. No. 2503
73R6449 JBN-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court fees and costs in certain family law actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 76.009(a) and (b), Human Resources Code,
1-5 are amended to read as follows:
1-6 (a) In, or in connection with, a Title IV-D case brought by
1-7 the attorney general or a private attorney or political subdivision
1-8 that has entered into a contract under Section 76.007(b), the
1-9 attorney general shall pay the following fees in a suit affecting
1-10 the parent-child relationship under Title 2, Family Code, including
1-11 a suit to establish paternity, a motion to enforce or modify a
1-12 decree, or a notice of child support delinquency, or in a suit
1-13 under Chapter 21, Family Code:
1-14 (1) filing fees and fees for issuance and <of> service
1-15 of process as provided by Sections 51.317(b), <and> 51.318(b)(2),
1-16 and 51.318(b)(4), Government Code;
1-17 (2) fees for transfer as provided by Section 11.06(l)
1-18 or 14.13, Family Code;
1-19 (3) fees for the issuance and delivery of orders and
1-20 writs of income withholding in the amounts <amount> as provided by
1-21 Sections <Section> 14.43(i) and 14.45(a), Family Code; <and>
1-22 (4) a fee of $45 <$35> for each item of process to
1-23 each individual on whom service is required, including service by
1-24 registered or certified mail <without regard to the amount of items
2-1 of process to be served on that individual>, to be paid to a
2-2 sheriff, constable, or clerk whenever service of process is
2-3 required;
2-4 (5) the costs for the services of an official court
2-5 reporter for the preparation of statements of facts;
2-6 (6) mileage costs incurred by a sheriff or constable
2-7 when traveling out of the county to execute an outstanding warrant
2-8 or capias, to be reimbursed at a rate not to exceed the rate
2-9 provided for mileage incurred by state employees in the General
2-10 Appropriations Act; and
2-11 (7) the costs for the publication of citation served
2-12 by publication.
2-13 (b) Except as provided by Subsections (a) and (d), a
2-14 district or county clerk, sheriff, constable, or other government
2-15 officer or employee may not charge the attorney general or a
2-16 private attorney or political subdivision that has entered into a
2-17 contract under Section 76.007(b) any fees or other amounts
2-18 otherwise imposed by law for services rendered in, or in connection
2-19 with, a Title IV-D case, including:
2-20 (1) a fee payable to a district clerk under Sections
2-21 51.319(1), (2), (3), and (5) <Section 51.319>, Government Code;
2-22 (2) a court reporter fee under Section 51.601,
2-23 Government Code;
2-24 (3) a judicial fund fee under Section 51.701,
2-25 Government Code;
2-26 (4) a fee for a child support registry, enforcement
2-27 office, or domestic relations office; and
3-1 (5) a fee for alternative dispute resolution services.
3-2 SECTION 2. Section 14.13, Family Code, is amended to read as
3-3 follows:
3-4 Sec. 14.13. Filing fee. (a) A filing fee of $15 shall be
3-5 collected in a suit affecting the parent-child relationship when a
3-6 party to the suit files:
3-7 (1) a motion to modify a decree;
3-8 (2)<, or when> a motion for the enforcement of an
3-9 order;
3-10 (3) a notice of delinquency; or
3-11 (4) a motion to transfer <is filed under this
3-12 chapter>.
3-13 (b) No other filing fee may be collected or required for
3-14 motions described by this section.
3-15 (c) This section does not prohibit the clerk from collecting
3-16 a deposit in the amount set by the clerk as in other cases for
3-17 payment of expected costs and other expenses arising in the
3-18 proceeding.
3-19 SECTION 3. Section 14.43(i), Family Code, is amended to read
3-20 as follows:
3-21 (i) Fees. The employer may deduct an administrative fee of
3-22 not more than $5 per month from the obligor's disposable earnings
3-23 in addition to the amount to be withheld as child support. The
3-24 clerk of the court may charge the requestor a reasonable fee for
3-25 each order issued and delivered to an employer by mail, not to
3-26 exceed $15 <$5>.
3-27 SECTION 4. Section 14.45(a), Family Code, is amended to read
4-1 as follows:
4-2 (a) Issuance and Delivery. No sooner than 20 days following
4-3 the mailing of a notice of delinquency to the obligor by first
4-4 class mail or 11 days after receipt of a notice of delinquency by
4-5 the obligor by hand delivery or certified mail, if no motion to
4-6 stay issuance of the writ has been filed, the attorney who filed
4-7 the notice of delinquency shall file a request with the clerk of
4-8 court to issue a writ of income withholding. The writ shall be
4-9 issued by the clerk and delivered by certified mail, return receipt
4-10 requested, to the employer of the obligor to the person authorized
4-11 to receive service of process in civil cases generally, or to a
4-12 person designated by the employer to receive writs of withholding
4-13 by written notice to the clerk of the appropriate court, or by the
4-14 service of citation as provided by the Texas Rules of Civil
4-15 Procedure. The writ shall be issued and mailed by the clerk not
4-16 later than the second working day after the request is filed. The
4-17 clerk shall collect a fee of not more than $15 for the issuance and
4-18 delivery of the writ.
4-19 SECTION 5. This Act takes effect September 1, 1993, and
4-20 applies to a fee for a filing or cost for a service performed on or
4-21 after that date.
4-22 SECTION 6. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.