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.