1-1 By: Henderson S.B. No. 857
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 23, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 23, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 857 By: Henderson
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to court fees and costs in certain family law actions;
1-20 making an appropriation to the attorney general.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 76.009, Human Resources Code, is amended
1-23 by amending Subsections (a) and (b) and adding Subsection (i) to
1-24 read as follows:
1-25 (a) In, or in connection with, a Title IV-D case brought by
1-26 the attorney general or a private attorney or political subdivision
1-27 that has entered into a contract under Section 76.007(b), the
1-28 attorney general shall pay the following fees in a suit affecting
1-29 the parent-child relationship under Title 2, Family Code, including
1-30 a suit to establish paternity, a motion to enforce or modify a
1-31 decree, or a notice of child support delinquency, or in a suit
1-32 under Chapter 21, Family Code:
1-33 (1) filing fees and fees for issuance and <of> service
1-34 of process as provided by Sections 51.317(b), <and> 51.318(b)(2),
1-35 and 51.319(4), Government Code;
1-36 (2) fees for transfer as provided by Section 11.06(l)
1-37 or Section 14.13, Family Code;
1-38 (3) fees for the issuance and delivery of orders and
1-39 writs of income withholding in the amounts <amount as> provided by
1-40 Sections <Section> 14.43(i) and 14.45(h), Family Code; <and>
1-41 (4) a fee of $45 <$35> for each item of process to
1-42 each individual on whom service is required, including service by
1-43 certified or registered mail <without regard to the amount of items
1-44 of process to be served on that individual>, to be paid to a
1-45 sheriff, constable, or clerk whenever service of process is
1-46 required; and
1-47 (5) mileage costs incurred by a sheriff or constable
1-48 when traveling out of the county to execute an outstanding warrant
1-49 or capias, to be reimbursed at a rate not to exceed the rate
1-50 provided for mileage incurred by state employees in the General
1-51 Appropriations Act.
1-52 (b) Except as provided by Subsections (a) and (d), a
1-53 district or county clerk, sheriff, constable, or other government
1-54 officer or employee may not charge the attorney general or a
1-55 private attorney or political subdivision that has entered into a
1-56 contract under Section 76.007(b) any fees or other amounts
1-57 otherwise imposed by law for services rendered in, or in connection
1-58 with, a Title IV-D case, including:
1-59 (1) a fee payable to a district clerk under Sections
1-60 51.319(1), (2), (3) and (5), <Section 51.319>, Government Code;
1-61 (2) a court reporter fee under Section 51.601,
1-62 Government Code, except as provided by Subsection (i) of this
1-63 section;
1-64 (3) a judicial fund fee under Section 51.701,
1-65 Government Code;
1-66 (4) a fee for a child support registry, enforcement
1-67 office, or domestic relations office; and
1-68 (5) a fee for alternative dispute resolution services.
2-1 (i) Without regard to the provisions of this section and
2-2 specifically Subsection (e) of this section, the attorney general
2-3 may pay the costs for the services of an official court reporter
2-4 for the preparation of statements of facts and the costs for the
2-5 publication of citation served by publication.
2-6 SECTION 2. Section 14.13, Family Code, is amended to read as
2-7 follows:
2-8 Sec. 14.13. FILING FEE. (a) A filing fee of $15 shall be
2-9 collected in a suit affecting the parent-child relationship when a
2-10 party to the suit files:
2-11 (1) a motion to modify a decree;
2-12 (2) <, or when> a motion for the enforcement of an
2-13 order;
2-14 (3) a notice of delinquency; or
2-15 (4) a motion to transfer <is filed under this
2-16 chapter>.
2-17 (b) No other filing fee may be collected or required for
2-18 motions or the notice delinquency described by this section.
2-19 (c) This section does not prohibit the clerk from collecting
2-20 a deposit in the amount set by the clerk as in other cases for
2-21 payment of expected costs and other expenses arising in the
2-22 proceeding.
2-23 SECTION 3. Subsection (i), Section 14.43, Family Code, is
2-24 amended to read as follows:
2-25 (i) Fees. The employer may deduct an administrative fee of
2-26 not more than $5 per month from the obligor's disposable earnings
2-27 in addition to the amount to be withheld as child support. The
2-28 clerk of the court may charge the requestor a reasonable fee for
2-29 each order issued and delivered to an employer by mail, not to
2-30 exceed $15 <$5>.
2-31 SECTION 4. Section 14.45, Family Code, is amended by adding
2-32 Subsection (h) to read as follows:
2-33 (h) Fees. The clerk of the court may charge a reasonable
2-34 fee for each writ issued and delivered to an employer by mail, not
2-35 to exceed $15.
2-36 SECTION 5. All funds received from the federal government as
2-37 reimbursement for the costs and fees paid or payable by the
2-38 attorney general pursuant to Section 76.009, Human Resources Code,
2-39 shall be in excess of any amount appropriated to the attorney
2-40 general by other Acts of the 73rd Legislature and are hereby
2-41 appropriated to the attorney general for the purposes authorized by
2-42 Chapter 76, Human Resources Code, for the fiscal years ending
2-43 August 31, 1994, and August 31, 1995.
2-44 SECTION 6. This Act takes effect September 1, 1993.
2-45 SECTION 7. The importance of this legislation and the
2-46 crowded condition of the calendars in both houses create an
2-47 emergency and an imperative public necessity that the
2-48 constitutional rule requiring bills to be read on three several
2-49 days in each house be suspended, and this rule is hereby suspended.
2-50 * * * * *
2-51 Austin,
2-52 Texas
2-53 March 23, 1993
2-54 Hon. Bob Bullock
2-55 President of the Senate
2-56 Sir:
2-57 We, your Committee on Jurisprudence to which was referred S.B. No.
2-58 857, have had the same under consideration, and I am instructed to
2-59 report it back to the Senate with the recommendation that it do not
2-60 pass, but that the Committee Substitute adopted in lieu thereof do
2-61 pass and be printed.
2-62 Henderson,
2-63 Chairman
2-64 * * * * *
2-65 WITNESSES
2-66 FOR AGAINST ON
2-67 ___________________________________________________________________
2-68 Name: Sandy Kibby x
2-69 Representing:
2-70 City:
3-1 -------------------------------------------------------------------
3-2 Name: Howard Baldwin x
3-3 Representing: Attorney General
3-4 City: Austin
3-5 -------------------------------------------------------------------
3-6 Name: Jerry Kunkle x
3-7 Representing: J.P.C.
3-8 City: McKinney
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3-10 Name: Bruce Elfant x
3-11 Representing: Travis County Constable
3-12 City: Austin
3-13 -------------------------------------------------------------------
3-14 Name: Lana O. Tibbitts
3-15 Representing: Cty. & Dist. Clerk's Assoc.
3-16 City: Weatherford
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3-18 Name: Bee Moorhead x
3-19 Representing: Comptroller
3-20 City: Austin
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