By Barrientos S.B. No. 1534 75R5967 MWV-F 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 monthly. 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, "family law matters" has the meaning 2-8 assigned "family law cases and proceedings" by Section 25.0002. 2-9 Sec. 51.902. RULES. (a) The supreme court shall adopt 2-10 rules and procedures for the distribution of funds under this 2-11 subchapter. 2-12 (b) Funds may be distributed only to nonprofit organizations 2-13 that provide basic civil legal services to persons meeting the 2-14 income eligibility requirements established by the supreme court. 2-15 Sec. 51.903. BASIC CIVIL LEGAL SERVICES ACCOUNT. (a) The 2-16 basic civil legal services account is an account in the judicial 2-17 fund administered by the supreme court. 2-18 (b) Funds in the basic civil legal services account may be 2-19 used only for the support of programs approved by the supreme court 2-20 that provide basic civil legal services to the indigent. The 2-21 comptroller may pay money from the account only on vouchers 2-22 approved by the supreme court. 2-23 (c) Except as provided by this subsection, funds from the 2-24 basic civil legal services account may not be used to directly or 2-25 indirectly support a class action lawsuit or lawsuit against a 2-26 governmental entity or for lobbying for or against a candidate or 2-27 issue. Funds from the basic civil legal services account may be 3-1 used to support a lawsuit against a governmental entity on behalf 3-2 of an individual to secure benefits provided by a government 3-3 directly to an individual, including social security benefits, aid 3-4 to families with dependent children, food stamps, special education 3-5 for the handicapped, Medicare, Medicaid, subsidized or public 3-6 housing, and other economic, shelter, or medical benefits provided 3-7 by a government directly to an indigent individual. 3-8 (d) The supreme court shall file a report with the 3-9 Legislative Budget Board at the end of each fiscal year showing 3-10 disbursements from the account and the purpose for each 3-11 disbursement. All funds expended are subject to audit by the 3-12 comptroller and the state auditor. 3-13 (e) The purpose of this subchapter is to increase the funds 3-14 available for basic civil legal services to the indigent. Funds 3-15 available from the basic civil legal services account may be 3-16 supplemented by local or federal funds and private or public 3-17 grants. 3-18 SECTION 2. This Act takes effect September 1, 1997, and 3-19 applies only to fees for appeals, suits, counterclaims, cross 3-20 actions, interventions, interpleaders, or third-party actions filed 3-21 on or after that date. 3-22 SECTION 3. The importance of this legislation and the 3-23 crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended.