75R11617 MWV-F
By Berlanga, Culberson, Bosse, Goodman, H.B. No. 2917
Naishtat
Substitute the following for H.B. No. 2917:
By Thompson C.S.H.B. No. 2917
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to additional court filing fees to provide basic civil
1-3 legal services to the indigent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 51, Government Code, is amended by adding
1-6 Subchapter J to read as follows:
1-7 SUBCHAPTER J. ADDITIONAL FILING FEE FOR BASIC
1-8 CIVIL LEGAL SERVICES FOR INDIGENTS
1-9 Sec. 51.901. ADDITIONAL FILING FEE FOR BASIC CIVIL LEGAL
1-10 SERVICES FOR INDIGENTS. (a) In addition to other fees authorized
1-11 or required by law, the clerk of each court shall collect the
1-12 following fees on the filing of any civil action or proceeding
1-13 requiring a filing fee, including an appeal, and on the filing of
1-14 any counterclaim, cross-action, intervention, interpleader, or
1-15 third-party action requiring a filing fee:
1-16 (1) supreme court and courts of appeals ......... $25;
1-17 (2) district courts, for other than divorce and other
1-18 family law matters ........................................... $10;
1-19 (3) district courts, divorce and other family law
1-20 matters ....................................................... $5;
1-21 (4) statutory and constitutional county courts ... $5;
1-22 (5) justice of the peace courts ................. $2.
1-23 (b) Court fees under this subchapter shall be collected in
1-24 the same manner as other fees, fines, or costs in the case.
2-1 (c) The clerk shall send the fees collected under this
2-2 subchapter to the comptroller at least as frequently as quarterly.
2-3 The comptroller shall deposit the fees to the credit of the basic
2-4 civil legal services account of the judicial fund for use in
2-5 programs approved by the supreme court that provide basic civil
2-6 legal services to the indigent.
2-7 (d) In this section:
2-8 (1) "Family law matters" has the meaning assigned
2-9 "family law cases and proceedings" by Section 25.0002.
2-10 (2) "Indigent" means an individual who earns not more
2-11 than 125 percent of the income standard established by applicable
2-12 federal poverty guidelines.
2-13 Sec. 51.902. RULES. (a) The supreme court shall adopt
2-14 rules and procedures for the distribution of funds under this
2-15 subchapter.
2-16 (b) Funds may be distributed only to nonprofit organizations
2-17 that provide basic civil legal services to persons meeting the
2-18 income eligibility requirements established by the supreme court.
2-19 Sec. 51.903. BASIC CIVIL LEGAL SERVICES ACCOUNT. (a) The
2-20 basic civil legal services account is an account in the judicial
2-21 fund administered by the supreme court.
2-22 (b) Funds in the basic civil legal services account may be
2-23 used only for the support of programs approved by the supreme court
2-24 that provide basic civil legal services to the indigent. The
2-25 comptroller may pay money from the account only on vouchers
2-26 approved by the supreme court.
2-27 (c) Except as provided by this subsection, funds from the
3-1 basic civil legal services account may not be used to directly or
3-2 indirectly support a class action lawsuit, abortion-related
3-3 litigation, or a lawsuit against a governmental entity, political
3-4 party, candidate, or officeholder for an action taken in the
3-5 individual's official capacity or for lobbying for or against a
3-6 candidate or issue. Funds from the basic civil legal services
3-7 account may not be used to provide legal services to an individual
3-8 who is not legally in this country in matters of asylum unless
3-9 necessary to protect the physical safety of the individual. Funds
3-10 from the basic civil legal services account may be used to support
3-11 a lawsuit brought by an individual against a governmental entity to
3-12 secure benefits that the individual or the individual's dependent
3-13 or ward may be eligible to receive from a governmental entity under
3-14 a statute or regulation, including social security benefits, aid to
3-15 families with dependent children, financial assistance under
3-16 Chapter 31, Human Resources Code, food stamps, special education
3-17 for the handicapped, Medicare, Medicaid, subsidized or public
3-18 housing, and other economic, shelter, or medical benefits provided
3-19 by a government directly to an indigent individual but not
3-20 including a claim for actual or punitive damages.
3-21 (d) Except as provided by this subsection, funds from the
3-22 basic civil legal services account may not be used for a lawsuit or
3-23 other legal matter that if undertaken on behalf of an indigent
3-24 individual by an attorney in private practice might reasonably be
3-25 expected to result in payment of a fee for legal services from an
3-26 award to the individual client from public funds or from an
3-27 opposing party. Funds from the basic civil legal services account
4-1 may be used to support a lawsuit if the indigent individual seeking
4-2 legal assistance made a reasonable effort to obtain legal services
4-3 from an attorney in private practice for the particular legal
4-4 matter, including contacting attorneys who practice law in the
4-5 judicial district that is the residence of the indigent individual
4-6 and who normally accept cases of a similar nature, and the indigent
4-7 individual has been unable to obtain legal services.
4-8 (e) The supreme court shall file a report with the
4-9 Legislative Budget Board at the end of each fiscal year showing
4-10 disbursements from the account and the purpose for each
4-11 disbursement. All funds expended are subject to audit by the
4-12 supreme court, the comptroller, and the state auditor.
4-13 (f) The purpose of this subchapter is to increase the funds
4-14 available for basic civil legal services to the indigent. Funds
4-15 available from the basic civil legal services account may be
4-16 supplemented by local or federal funds and private or public
4-17 grants.
4-18 SECTION 2. This Act takes effect September 1, 1997, and
4-19 applies only to fees for appeals, suits, counterclaims,
4-20 cross-actions, interventions, interpleaders, or third-party actions
4-21 filed on or after that date.
4-22 SECTION 3. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.