By:  Barrientos                                       S.B. No. 1161
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to additional filing fee to provide greater access to the
    1-2  courts by low-income Texans.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The Texas Government Code is amended by adding
    1-5  Subchapter J to read as follows:
    1-6             SUBCHAPTER J ADDITIONAL FILING FEE TO PROVIDE
    1-7              ACCESS TO THE COURTS BY LOW-INCOME TEXANS.
    1-8        Sec. 51.901.  Additional filing fee to provide access to the
    1-9  courts by low-income Texans.  (a)  In addition to all other fees
   1-10  authorized or required by other law, the clerk of each court shall
   1-11  collect the fees described in this section on the commencement of
   1-12  any civil action or proceeding in the court for which a filing fee
   1-13  is required and on the filing of any counterclaim, crossaction,
   1-14  intervention, interpleader or third party action for which a filing
   1-15  fee is required, as follows:
   1-16              District Courts other than              $10.00
   1-17                  Family Law matters
   1-18              Divorce and other Family Law Matters      5.00
   1-19              County Courts                             5.00
   1-20              Justice of the Peace Courts               4.00
   1-21              Small Claims Courts                       3.00
   1-22        (b)  Court costs and fees due under this subchapter shall be
   1-23  collected in the same manner as other fees, fines, or costs are
    2-1  collected in the case.
    2-2        (c)  The clerk shall send the fees and costs collected under
    2-3  this subchapter to the comptroller at least as frequently as
    2-4  monthly.  The comptroller shall transfer the fees to the Supreme
    2-5  Court of Texas for use in programs approved by the State Bar of
    2-6  Texas which provide civil legal services to the poor as set out in
    2-7  sub-paragraph (d) below.
    2-8        (d)  The State Bar of Texas Board of Directors shall adopt
    2-9  rules, regulations and procedures for the distribution of funds
   2-10  raised from the fees under this subchapter to non-profit
   2-11  organizations that provide civil legal services to low-income
   2-12  persons who meet the income eligibility requirements of the federal
   2-13  Legal Services Corporation or successor organization.
   2-14        SECTION 2.  This Act takes effect September 1, 1993.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.