By:  Henderson                                         S.B. No. 857
       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.