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.