By Berlanga H.B. No. 2917
75R5967 MWV-F
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 monthly.
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, "family law matters" has the meaning
2-8 assigned "family law cases and proceedings" by Section 25.0002.
2-9 Sec. 51.902. RULES. (a) The supreme court shall adopt
2-10 rules and procedures for the distribution of funds under this
2-11 subchapter.
2-12 (b) Funds may be distributed only to nonprofit organizations
2-13 that provide basic civil legal services to persons meeting the
2-14 income eligibility requirements established by the supreme court.
2-15 Sec. 51.903. BASIC CIVIL LEGAL SERVICES ACCOUNT. (a) The
2-16 basic civil legal services account is an account in the judicial
2-17 fund administered by the supreme court.
2-18 (b) Funds in the basic civil legal services account may be
2-19 used only for the support of programs approved by the supreme court
2-20 that provide basic civil legal services to the indigent. The
2-21 comptroller may pay money from the account only on vouchers
2-22 approved by the supreme court.
2-23 (c) Except as provided by this subsection, funds from the
2-24 basic civil legal services account may not be used to directly or
2-25 indirectly support a class action lawsuit or lawsuit against a
2-26 governmental entity or for lobbying for or against a candidate or
2-27 issue. Funds from the basic civil legal services account may be
3-1 used to support a lawsuit against a governmental entity on behalf
3-2 of an individual to secure benefits provided by a government
3-3 directly to an individual, including social security benefits, aid
3-4 to families with dependent children, food stamps, special education
3-5 for the handicapped, Medicare, Medicaid, subsidized or public
3-6 housing, and other economic, shelter, or medical benefits provided
3-7 by a government directly to an indigent individual.
3-8 (d) The supreme court shall file a report with the
3-9 Legislative Budget Board at the end of each fiscal year showing
3-10 disbursements from the account and the purpose for each
3-11 disbursement. All funds expended are subject to audit by the
3-12 comptroller and the state auditor.
3-13 (e) The purpose of this subchapter is to increase the funds
3-14 available for basic civil legal services to the indigent. Funds
3-15 available from the basic civil legal services account may be
3-16 supplemented by local or federal funds and private or public
3-17 grants.
3-18 SECTION 2. This Act takes effect September 1, 1997, and
3-19 applies only to fees for appeals, suits, counterclaims, cross
3-20 actions, interventions, interpleaders, or third-party actions filed
3-21 on or after that date.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.