By: Barrientos, et al. S.B. No. 1534 A BILL TO BE ENTITLED AN ACT 1-1 relating to additional court filing fees to provide basic civil 1-2 legal services to the indigent. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 51, Government Code, is amended by adding 1-5 Subchapter J to read as follows: 1-6 SUBCHAPTER J. ADDITIONAL FILING FEE FOR BASIC 1-7 CIVIL LEGAL SERVICES FOR INDIGENTS 1-8 Sec. 51.901. ADDITIONAL FILING FEE FOR BASIC CIVIL LEGAL 1-9 SERVICES FOR INDIGENTS. (a) In addition to other fees authorized 1-10 or required by law, the clerk of each court shall collect the 1-11 following fees on the filing of any civil action or proceeding 1-12 requiring a filing fee, including an appeal, and on the filing of 1-13 any counterclaim, cross action, intervention, interpleader, or 1-14 third-party action requiring a filing fee: 1-15 (1) supreme court and courts of appeals ......... $25; 1-16 (2) district courts, for other than divorce and other 1-17 family law matters ........................................... $10; 1-18 (3) district courts, divorce and other family law 1-19 matters ....................................................... $5; 1-20 (4) statutory and constitutional county courts ... $5; 1-21 (5) justice of the peace courts .................. $2. 1-22 (b) Court fees under this subchapter shall be collected in 1-23 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 3-1 governmental entity or for lobbying for or against a candidate or 3-2 issue. Funds from the basic civil legal services account may be 3-3 used to support a lawsuit against a governmental entity on behalf 3-4 of an individual to secure benefits provided by a government 3-5 directly to an individual, including social security benefits, aid 3-6 to families with dependent children, food stamps, special education 3-7 for the handicapped, Medicare, Medicaid, subsidized or public 3-8 housing, and other economic, shelter, or medical benefits provided 3-9 by a government directly to an indigent individual. 3-10 (d) The supreme court shall file a report with the 3-11 Legislative Budget Board at the end of each fiscal year showing 3-12 disbursements from the account and the purpose for each 3-13 disbursement. All funds expended are subject to audit by the 3-14 comptroller and the state auditor. 3-15 (e) The purpose of this subchapter is to increase the funds 3-16 available for basic civil legal services to the indigent. Funds 3-17 available from the basic civil legal services account may be 3-18 supplemented by local or federal funds and private or public 3-19 grants. 3-20 SECTION 2. This Act takes effect September 1, 1997, and 3-21 applies only to fees for appeals, suits, counterclaims, cross 3-22 actions, interventions, interpleaders, or third-party actions filed 3-23 on or after that date. 3-24 SECTION 3. The importance of this legislation and the 3-25 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended.