1-1 By: Barrientos S.B. No. 1173
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Finance; May 4, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 12, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1173 By: Barrientos
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to additional court filing fees to provide civil legal
1-25 services to the indigent and to supplement salaries of State Bar
1-26 personnel.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Chapter 51, Government Code, is amended by adding
1-29 Subchapter J to read as follows:
1-30 SUBCHAPTER J. ADDITIONAL FILING FEE FOR CIVIL
1-31 LEGAL SERVICES FOR INDIGENTS
1-32 Sec. 51.901. ADDITIONAL FILING FEE FOR CIVIL LEGAL SERVICES
1-33 FOR INDIGENTS. (a) In addition to other fees authorized or
1-34 required by law, the clerk of each court shall collect the
1-35 following fees on the filing of any civil action or proceeding
1-36 requiring a filing fee and on the filing of any counterclaim, cross
1-37 action, intervention, interpleader, or third-party action requiring
1-38 a filing fee:
1-39 (1) district courts, for other than divorce and other
1-40 family law matters ........................................... $10;
1-41 (2) district courts, divorce and other family law
1-42 matters ....................................................... $5;
1-43 (3) statutory and constitutional county courts ... $5;
1-44 (4) justice of the peace courts .................. $2.
1-45 (b) Court fees under this subchapter shall be collected in
1-46 the same manner as other fees, fines, or costs in the case.
1-47 (c) The clerk shall send the fees collected under this
1-48 subchapter to the comptroller at least as frequently as monthly.
1-49 The comptroller shall deposit the fees to the credit of the civil
1-50 legal services account of the judicial fund for use in programs
1-51 approved by the State Bar of Texas that provide civil legal
1-52 services to the indigent.
1-53 (d) The State Bar of Texas Board of Directors shall adopt
1-54 rules and procedures for the distribution of funds under this
1-55 subchapter to nonprofit organizations that provide civil legal
1-56 services to persons meeting the income eligibility requirements of
1-57 the federal Legal Services Corporation or any successor
1-58 organization to that corporation.
1-59 (e) In this section, "family law matters" has the meaning
1-60 assigned "family law cases and proceedings" by Section 25.0002.
1-61 Sec. 51.902. CIVIL LEGAL SERVICES ACCOUNT. (a) The civil
1-62 legal services account is an account in the judicial fund
1-63 administered by the State Bar of Texas as directed by the supreme
1-64 court.
1-65 (b) Funds in the civil legal services account may only be
1-66 used for the support of programs approved by the State Bar of Texas
1-67 that provide civil legal services to the indigent. The comptroller
1-68 may pay money from the account only on vouchers approved by the
2-1 supreme court.
2-2 (c) The State Bar of Texas shall file a report with the
2-3 Legislative Budget Board at the end of each fiscal year showing
2-4 disbursements from the account and the purpose for each
2-5 disbursement. All funds expended are subject to audit by the
2-6 comptroller and the state auditor.
2-7 (d) Funds from the civil legal services account may be used
2-8 to pay in full or in part or to supplement the salary of an
2-9 existing employee of the State Bar of Texas or to hire additional
2-10 personnel.
2-11 (e) The purpose of this subchapter is to increase the funds
2-12 available for civil legal services to the indigent. Funds
2-13 available from the civil legal services account may be supplemented
2-14 by local or federal funds and private or public grants.
2-15 SECTION 2. This Act takes effect September 1, 1993, and
2-16 applies only to fees for suits, counterclaims, cross actions,
2-17 interventions, interpleaders, or third-party actions filed on or
2-18 after that date.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.
2-24 * * * * *
2-25 Austin,
2-26 Texas
2-27 May 4, 1993
2-28 Hon. Bob Bullock
2-29 President of the Senate
2-30 Sir:
2-31 We, your Committee on Finance to which was referred S.B. No. 1173,
2-32 have had the same under consideration, and I am instructed to
2-33 report it back to the Senate with the recommendation that it do not
2-34 pass, but that the Committee Substitute adopted in lieu thereof do
2-35 pass and be printed.
2-36 Montford,
2-37 Chairman
2-38 * * * * *
2-39 WITNESSES
2-40 FOR AGAINST ON
2-41 ___________________________________________________________________
2-42 Name: Harriet Miers, President x
2-43 Representing: State Bar of Texas
2-44 City: Austin
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2-46 Name: Julie Oliver, Executive Dir. x
2-47 Representing: Tx Lwyrs Care, St Bar of Tx
2-48 City: Austin
2-49 -------------------------------------------------------------------
2-50 Name: Jim Allison, General Counsel x
2-51 Representing: Co. Judges & Commsnrs Assoc of Tx
2-52 City: Austin
2-53 -------------------------------------------------------------------
2-54 Name: Judge John Williams x
2-55 Representing: Justices of/t Peace & Const. A
2-56 City: Robstown
2-57 -------------------------------------------------------------------
2-58 Name: Judge Bill Freeman x
2-59 Representing: Justices of/t Peace & Const. A
2-60 City: Gainesville
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