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  -------------------------------------------------------------------