By Cain S.B. No. 403
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the attorney tax and to state bar membership fees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 81.054(d) and (e), Government Code, are
1-5 amended to read as follows:
1-6 (d) Fees collected under this section <
chapter> may be used
1-7 only for administering the public purposes provided by this
1-9 (e) The state bar by rule may adopt a system under which
1-10 membership fees imposed as provided by this section and Section
1-11 81.0541 are due on various dates during the year. For the year in
1-12 which a due date is changed, the annual fee shall be prorated on a
1-13 monthly basis so that the member pays only that portion of the fee
1-14 that is allocable to the number of months remaining before the new
1-15 expiration date. An increase in fees imposed as provided by this
1-16 section applies only to fees that are payable on or after the
1-17 effective date of the increase.
1-18 SECTION 2. Subchapter C, Chapter 81, Government Code, is
1-19 amended by adding Section 81.0541 to read as follows:
1-20 Sec. 81.0541. INCREASE IN MEMBERSHIP FEES. (a) Each
1-21 membership fee imposed as provided by Section 81.054 is increased
1-22 by $200.
1-23 (b) Of each fee increase collected, $50 shall be deposited
1-24 to the credit of the foundation school fund and $150 shall be
2-1 deposited to the credit of the general revenue fund. This
2-2 subsection applies to the disposition of each fee increase
2-3 regardless of any other provision of law providing for a different
2-4 disposition of funds.
2-5 SECTION 3. Subchapter E, Chapter 81, Government Code, is
2-6 amended by adding Section 81.080 to read as follows:
2-7 Sec. 81.080. CONDITION OF CONTINUED MEMBERSHIP. (a)
2-8 Payment of the fee imposed by Section 81.0541 is a condition of
2-9 continued membership in the state bar.
2-10 (b) The state bar shall automatically suspend from the
2-11 practice of law a person who does not pay, within 90 days after the
2-12 date it is due, the fee imposed by Section 81.0541.
2-13 (c) This section does not apply to an attorney who is not
2-14 required to make an actual fee payment under Section 81.0541 in
2-15 accordance with comptroller practice.
2-16 SECTION 4. Subchapter H, Chapter 191, Tax Code, is repealed.
2-17 SECTION 5. (a) This Act takes effect September 1, 1995.
2-18 (b) The change in law made by this Act does not affect tax
2-19 liability accruing before the effective date of this Act. That
2-20 liability continues in effect as if this Act had not been enacted,
2-21 and the former law is continued in effect for the collection of
2-22 taxes due and for civil and criminal enforcement of the liability
2-23 for those taxes.
2-24 SECTION 6. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.