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