S.B. No. 857
AN ACT
1-1 relating to court fees and costs in certain family law actions;
1-2 making an appropriation to the attorney general.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 76.009, Human Resources Code, is amended
1-5 by amending Subsections (a) and (b) and adding Subsection (i) to
1-6 read as follows:
1-7 (a) In, or in connection with, a Title IV-D case brought by
1-8 the attorney general or a private attorney or political subdivision
1-9 that has entered into a contract under Section 76.007(b), the
1-10 attorney general shall pay the following fees in a suit affecting
1-11 the parent-child relationship under Title 2, Family Code, including
1-12 a suit to establish paternity, a motion to enforce or modify a
1-13 decree, or a notice of child support delinquency, or in a suit
1-14 under Chapter 21, Family Code:
1-15 (1) filing fees and fees for issuance and <of> service
1-16 of process as provided by Sections 51.317(b), <and> 51.318(b)(2),
1-17 and 51.319(4), Government Code;
1-18 (2) fees for transfer as provided by Section 11.06(l)
1-19 or Section 14.13, Family Code;
1-20 (3) fees for the issuance and delivery of orders and
1-21 writs of income withholding in the amounts <amount as> provided by
1-22 Sections <Section> 14.43(i) and 14.45(h), Family Code; <and>
1-23 (4) a fee of $45 <$35> for each item of process to
1-24 each individual on whom service is required, including service by
2-1 certified or registered mail <without regard to the amount of items
2-2 of process to be served on that individual>, to be paid to a
2-3 sheriff, constable, or clerk whenever service of process is
2-4 required; and
2-5 (5) mileage costs incurred by a sheriff or constable
2-6 when traveling out of the county to execute an outstanding warrant
2-7 or capias, to be reimbursed at a rate not to exceed the rate
2-8 provided for mileage incurred by state employees in the General
2-9 Appropriations Act.
2-10 (b) Except as provided by Subsections (a) and (d), a
2-11 district or county clerk, sheriff, constable, or other government
2-12 officer or employee may not charge the attorney general or a
2-13 private attorney or political subdivision that has entered into a
2-14 contract under Section 76.007(b) any fees or other amounts
2-15 otherwise imposed by law for services rendered in, or in connection
2-16 with, a Title IV-D case, including:
2-17 (1) a fee payable to a district clerk under Sections
2-18 51.319(1), (2), (3) and (5), <Section 51.319>, Government Code;
2-19 (2) a court reporter fee under Section 51.601,
2-20 Government Code, except as provided by Subsection (i) of this
2-21 section;
2-22 (3) a judicial fund fee under Section 51.701,
2-23 Government Code;
2-24 (4) a fee for a child support registry, enforcement
2-25 office, or domestic relations office; and
2-26 (5) a fee for alternative dispute resolution services.
2-27 (i) Without regard to the provisions of this section and
3-1 specifically Subsection (e) of this section, the attorney general
3-2 may pay the costs for the services of an official court reporter
3-3 for the preparation of statements of facts and the costs for the
3-4 publication of citation served by publication.
3-5 SECTION 2. Section 14.13, Family Code, is amended to read as
3-6 follows:
3-7 Sec. 14.13. FILING FEE. (a) A filing fee of $15 shall be
3-8 collected in a suit affecting the parent-child relationship when a
3-9 party to the suit files:
3-10 (1) a motion to modify a decree;
3-11 (2) <, or when> a motion for the enforcement of an
3-12 order;
3-13 (3) a notice of delinquency; or
3-14 (4) a motion to transfer <is filed under this
3-15 chapter>.
3-16 (b) No other filing fee may be collected or required for
3-17 motions or the notice of delinquency described by this section.
3-18 (c) This section does not prohibit the clerk from collecting
3-19 a deposit in the amount set by the clerk as in other cases for
3-20 payment of expected costs and other expenses arising in the
3-21 proceeding.
3-22 SECTION 3. Subsection (i), Section 14.43, Family Code, is
3-23 amended to read as follows:
3-24 (i) Fees. The employer may deduct an administrative fee of
3-25 not more than $5 per month from the obligor's disposable earnings
3-26 in addition to the amount to be withheld as child support. The
3-27 clerk of the court may charge the requestor a reasonable fee for
4-1 each order issued and delivered to an employer by mail, not to
4-2 exceed $15 <$5>.
4-3 SECTION 4. Section 14.45, Family Code, is amended by adding
4-4 Subsection (h) to read as follows:
4-5 (h) Fees. The clerk of the court may charge a reasonable
4-6 fee for each writ issued and delivered to an employer by mail, not
4-7 to exceed $15.
4-8 SECTION 5. All funds received from the federal government as
4-9 reimbursement for the costs and fees paid or payable by the
4-10 attorney general pursuant to Section 76.009, Human Resources Code,
4-11 shall be in excess of any amount appropriated to the attorney
4-12 general by other Acts of the 73rd Legislature and are hereby
4-13 appropriated to the attorney general for the purposes authorized by
4-14 Chapter 76, Human Resources Code, for the fiscal years ending
4-15 August 31, 1994, and August 31, 1995.
4-16 SECTION 6. This Act takes effect September 1, 1993.
4-17 SECTION 7. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.