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 2-45 ------------------------------------------------------------------- 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 2-61 -------------------------------------------------------------------