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