By Wilson H.B. No. 183
75R1927 SAW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to donations to state agencies by court-appointed
1-3 attorneys.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 2, Government Code, is amended
1-6 by adding Chapter 84 to read as follows:
1-7 CHAPTER 84. DONATION BY ATTORNEY
1-8 Sec. 84.001. DEFINITIONS. In this chapter:
1-9 (1) "Court-appointed attorney" means an attorney
1-10 appointed by a court to represent a person and includes an attorney
1-11 appointed ad litem.
1-12 (2) "Donation" means a gift, grant, payment, devise,
1-13 bequest, or funding of money.
1-14 (3) "State agency" means a board, commission,
1-15 department, office, or other agency that:
1-16 (A) is in a branch of state government;
1-17 (B) was created by the constitution or a statute
1-18 of this state; and
1-19 (C) has statewide jurisdiction.
1-20 Sec. 84.002. ATTORNEY DONATION TO AGENCY. (a) A state
1-21 agency may accept a donation made by a court-appointed attorney
1-22 under this chapter.
1-23 (b) A court-appointed attorney may donate to the state
1-24 agency of the attorney's choice a fee generated by an appointment.
2-1 (c) The supreme court by rule shall provide a payment waiver
2-2 system that authorizes a court-appointed attorney to donate to a
2-3 state agency the fee generated by an appointment.
2-4 Sec. 84.003. FEE TRANSFER. (a) The custodian of the county
2-5 treasury shall keep a record of the amount of the fees collected
2-6 under Section 84.002 and, on or before the last day of the month
2-7 following each calendar quarter, send to the comptroller the fees
2-8 collected under Section 84.002 in the preceding quarter. The
2-9 custodian of the county treasury may retain 10 percent of the fees
2-10 collected under Section 84.002 and the interest as a service fee if
2-11 the custodian of the treasury keeps records of the amount of fees
2-12 on deposit collected under Section 84.002 and sends the funds to
2-13 the comptroller within the period prescribed by this section.
2-14 (b) The comptroller shall deposit a fee received under this
2-15 section to the credit of the fund or account specified by the
2-16 agency designated by the donor attorney under Section 84.002(b).
2-17 Money received under this section may be appropriated only to the
2-18 agency designated by the attorney donating the money. Money
2-19 received under this section is supplementary and is not income for
2-20 purposes of reducing general revenue appropriations in the General
2-21 Appropriations Act to the agency that received the donation.
2-22 SECTION 2. The supreme court shall adopt the rules required
2-23 by Section 84.002(c), Government Code, as added by this Act, not
2-24 later than January 1, 1998.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.