75R14056 MWV-F By Barrientos, et al. S.B. No. 1534 Substitute the following for S.B. No. 1534: By Thompson C.S.S.B. No. 1534 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 quarterly. 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: 2-8 (1) "Family law matters" has the meaning assigned 2-9 "family law cases and proceedings" by Section 25.0002. 2-10 (2) "Indigent" means an individual who earns not more 2-11 than 125 percent of the income standard established by applicable 2-12 federal poverty guidelines. 2-13 Sec. 51.902. RULES. (a) The supreme court shall adopt: 2-14 (1) rules and procedures for the distribution of funds 2-15 under this subchapter; and 2-16 (2) rules and procedures for imposing sanctions that 2-17 define circumstances requiring the reduction or cancellation of 2-18 funding. 2-19 (b) Funds may be distributed only to nonprofit organizations 2-20 that provide basic civil legal services to persons meeting the 2-21 income eligibility requirements established by the supreme court. 2-22 Sec. 51.903. BASIC CIVIL LEGAL SERVICES ACCOUNT. (a) The 2-23 basic civil legal services account is an account in the judicial 2-24 fund administered by the supreme court. 2-25 (b) Funds in the basic civil legal services account may be 2-26 used only for the support of programs approved by the supreme court 2-27 that provide basic civil legal services to the indigent. The 3-1 comptroller may pay money from the account only on vouchers 3-2 approved by the supreme court. 3-3 (c) Except as provided by this subsection, funds from the 3-4 basic civil legal services account may not be used to directly or 3-5 indirectly support a class action lawsuit, abortion-related 3-6 litigation, or a lawsuit against a governmental entity, political 3-7 party, candidate, or officeholder for an action taken in the 3-8 individual's official capacity or for lobbying for or against a 3-9 candidate or issue. Funds from the basic civil legal services 3-10 account may not be used for the representation of an individual who 3-11 is confined to a local, state, or federal jail or prison. Funds 3-12 from the basic civil legal services account may not be used to 3-13 provide legal services to an individual who is not legally in this 3-14 country in matters of asylum unless necessary to protect the 3-15 physical safety of the individual. Funds from the basic civil 3-16 legal services account may be used to support a lawsuit brought by 3-17 an individual against a governmental entity to obtain benefits that 3-18 the individual or the individual's dependent or ward is eligible to 3-19 receive from a governmental entity as expressly granted under a 3-20 statute or regulation, including social security benefits, aid to 3-21 families with dependent children, financial assistance under 3-22 Chapter 31, Human Resources Code, food stamps, special education 3-23 for the handicapped, Medicare, Medicaid, subsidized or public 3-24 housing, and other economic, shelter, or medical benefits provided 3-25 by a government directly to an indigent individual but not 3-26 including a claim for actual or punitive damages. 3-27 (d) Except as provided by this subsection, funds from the 4-1 basic civil legal services account may not be used for a lawsuit or 4-2 other legal matter that if undertaken on behalf of an indigent 4-3 individual by an attorney in private practice might reasonably be 4-4 expected to result in payment of a fee for legal services from an 4-5 award to the individual client from public funds or from an 4-6 opposing party. Funds from the basic civil legal services account 4-7 may be used to support a lawsuit if the indigent individual seeking 4-8 legal assistance made a reasonable effort to obtain legal services 4-9 from an attorney in private practice for the particular legal 4-10 matter, including contacting attorneys who practice law in the 4-11 judicial district that is the residence of the indigent individual 4-12 and who normally accept cases of a similar nature, and the indigent 4-13 individual has been unable to obtain legal services. 4-14 (e) The supreme court shall file a report with the 4-15 Legislative Budget Board at the end of each fiscal year showing 4-16 disbursements from the account and the purpose for each 4-17 disbursement. All funds expended are subject to audit by the 4-18 supreme court, the comptroller, and the state auditor. 4-19 (f) The purpose of this subchapter is to increase the funds 4-20 available for basic civil legal services to the indigent. Funds 4-21 available from the basic civil legal services account may be 4-22 supplemented by local or federal funds and private or public 4-23 grants. 4-24 SECTION 2. This Act takes effect September 1, 1997, and 4-25 applies only to fees for appeals, suits, counterclaims, 4-26 cross-actions, interventions, interpleaders, or third-party actions 4-27 filed on or after that date. 5-1 SECTION 3. The importance of this legislation and the 5-2 crowded condition of the calendars in both houses create an 5-3 emergency and an imperative public necessity that the 5-4 constitutional rule requiring bills to be read on three several 5-5 days in each house be suspended, and this rule is hereby suspended.