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 Subsection
2-2 (a)(1) to the comptroller not later than the 10th day after the end
2-3 of each quarter.
2-4 (d) The clerk shall remit the fees collected under
2-5 Subsections (a)(2)-(5) at least as frequently as monthly to the
2-6 county treasurer or the person who performs the duties of the
2-7 county treasurer. The county treasurer or the person performing
2-8 the duties of the county treasurer shall keep a record of the
2-9 amount of money received under this subsection. The county
2-10 treasurer or the person who performs the duties of the county
2-11 treasurer shall remit the fees collected, minus an amount ordered
2-12 retained by the county commissioners court as provided by
2-13 Subsection (e), to the comptroller not later than the 10th day
2-14 after the end of each quarter.
2-15 (e) The commissioners court by order may require the county
2-16 treasurer or the person who performs the duties of the county
2-17 treasurer to deposit in the county's general revenue account five
2-18 percent of the fees collected under Subsections (a)(2)-(5) to
2-19 reimburse the county for the expense of collecting and remitting
2-20 the fees collected under Subsections (a)(2)-(5).
2-21 (f) The comptroller shall deposit the fees received under
2-22 this section to the credit of the basic civil legal services
2-23 account of the judicial fund for use in programs approved by the
2-24 supreme court that provide basic civil legal services to the
2-25 indigent.
3-1 (g) In this section:
3-2 (1) "Family law matters" has the meaning assigned
3-3 "family law cases and proceedings" by Section 25.0002.
3-4 (2) "Indigent" means an individual who earns not more
3-5 than 125 percent of the income standard established by applicable
3-6 federal poverty guidelines.
3-7 Sec. 51.902. RULES. (a) The supreme court shall adopt:
3-8 (1) rules and procedures for the distribution of funds
3-9 under this subchapter; and
3-10 (2) rules and procedures for imposing sanctions,
3-11 including the reduction or cancellation of funding.
3-12 (b) Funds may be distributed only to nonprofit organizations
3-13 that provide basic civil legal services to persons meeting the
3-14 income eligibility requirements established by the supreme court.
3-15 Sec. 51.903. BASIC CIVIL LEGAL SERVICES ACCOUNT. (a) The
3-16 basic civil legal services account is an account in the judicial
3-17 fund administered by the supreme court.
3-18 (b) Funds in the basic civil legal services account may be
3-19 used only for the support of programs approved by the supreme court
3-20 that provide basic civil legal services to the indigent. The
3-21 comptroller may pay money from the account only on vouchers
3-22 approved by the supreme court.
3-23 (c) Except as provided by this subsection, funds from the
3-24 basic civil legal services account may not be used to directly or
3-25 indirectly support a class action lawsuit, abortion-related
4-1 litigation, or a lawsuit against a governmental entity, political
4-2 party, candidate, or officeholder for an action taken in the
4-3 individual's official capacity or for lobbying for or against a
4-4 candidate or issue. Notwithstanding any provision of law to the
4-5 contrary, funds from the basic civil legal services account may not
4-6 be used for the representation of an individual who is confined to
4-7 a local, state, or federal jail or prison. Funds from the basic
4-8 civil legal services account may not be used to provide legal
4-9 services to an individual who is not legally in this country,
4-10 unless necessary to protect the physical safety of the individual.
4-11 Funds from the basic civil legal services account may be used to
4-12 support a lawsuit brought by an individual, solely on behalf of the
4-13 individual or the individual's dependent or ward, to compel a
4-14 governmental entity to provide benefits that the individual or the
4-15 individual's dependent or ward is expressly eligible to receive, by
4-16 statute or regulation, including social security benefits, aid to
4-17 families with dependent children, financial assistance under
4-18 Chapter 31, Human Resources Code, food stamps, special education
4-19 for the handicapped, Medicare, Medicaid, subsidized or public
4-20 housing, and other economic, shelter, or medical benefits provided
4-21 by a government directly to an indigent individual, but not to
4-22 support a claim for actual or punitive damages.
4-23 (d) Except as provided by this subsection, funds from the
4-24 basic civil legal services account may not be used for a lawsuit or
4-25 other legal matter that if undertaken on behalf of an indigent
5-1 individual by an attorney in private practice might reasonably be
5-2 expected to result in payment of a fee for legal services from an
5-3 award to the individual client from public funds or from an
5-4 opposing party. Funds from the basic civil legal services account
5-5 may be used to support a lawsuit if the indigent individual seeking
5-6 legal assistance made a reasonable effort to obtain legal services
5-7 from an attorney in private practice for the particular legal
5-8 matter, including contacting attorneys who practice law in the
5-9 judicial district that is the residence of the indigent individual
5-10 and who normally accept cases of a similar nature, and the indigent
5-11 individual has been unable to obtain legal services.
5-12 (e) The supreme court shall file a report with the
5-13 Legislative Budget Board at the end of each fiscal year showing
5-14 disbursements from the account and the purpose for each
5-15 disbursement and the sanctions imposed, if any. All funds expended
5-16 are subject to audit by the supreme court, the comptroller, and the
5-17 state auditor.
5-18 (f) The purpose of this subchapter is to increase the funds
5-19 available for basic civil legal services to the indigent. Funds
5-20 available from the basic civil legal services account may be
5-21 supplemented by local or federal funds and private or public
5-22 grants.
5-23 (g) A legal aid society or legal services program that is
5-24 awarded attorney's fees in a case shall send the attorney's fees to
5-25 the comptroller if any attorney representing any party involved in
6-1 the case was paid in that case directly from funds from a grant
6-2 made under this subchapter. The comptroller shall deposit the fees
6-3 to the credit of the basic civil legal services account of the
6-4 judicial fund for use in programs approved by the supreme court
6-5 that provide basic civil legal services to the indigent.
6-6 SECTION 2. This Act takes effect September 1, 1997, and
6-7 applies only to fees for appeals, suits, counterclaims,
6-8 cross-actions, interventions, interpleaders, or third-party actions
6-9 filed on or after that date.
6-10 SECTION 3. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1534 passed the Senate on
May 1, 1997, by a viva-voce vote; and that the Senate concurred in
House amendments on May 20, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1534 passed the House, with
amendments, on May 14, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor