1-1     By:  Barrientos, et al.                               S.B. No. 1534

 1-2           (In the Senate - Filed March 13, 1997; March 20, 1997, read

 1-3     first time and referred to Committee on Finance; April 25, 1997,

 1-4     reported favorably by the following vote:  Yeas 12, Nays 1;

 1-5     April 25, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to additional court filing fees to provide basic civil

 1-9     legal services to the indigent.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 51, Government Code, is amended by adding

1-12     Subchapter J to read as follows:

1-13               SUBCHAPTER J.  ADDITIONAL FILING FEE FOR BASIC

1-14                     CIVIL LEGAL SERVICES FOR INDIGENTS

1-15           Sec. 51.901.  ADDITIONAL FILING FEE FOR BASIC CIVIL LEGAL

1-16     SERVICES FOR INDIGENTS.  (a)  In addition to other fees authorized

1-17     or required by law, the clerk of each court shall collect the

1-18     following fees on the filing of any civil action or proceeding

1-19     requiring a filing fee, including an appeal, and on the filing of

1-20     any counterclaim, cross action, intervention, interpleader, or

1-21     third-party action requiring a filing fee:

1-22                 (1)  supreme court and courts of appeals ......... $25;

1-23                 (2)  district courts, for other than divorce and other

1-24     family law matters ........................................... $10;

1-25                 (3)  district courts, divorce and other family law

1-26     matters ....................................................... $5;

1-27                 (4)  statutory and constitutional county courts ... $5;

1-28                 (5)  justice of the peace courts .................. $2.

1-29           (b)  Court fees under this subchapter shall be collected in

1-30     the same manner as other fees, fines, or costs in the case.

1-31           (c)  The clerk shall send the fees collected under this

1-32     subchapter to the comptroller at least as frequently as monthly.

1-33     The comptroller shall deposit the fees to the credit of the basic

1-34     civil legal services account of the judicial fund for use in

1-35     programs approved by the supreme court that provide basic civil

1-36     legal services to the indigent.

1-37           (d)  In this section, "family law matters" has the meaning

1-38     assigned "family law cases and proceedings" by Section 25.0002.

1-39           Sec. 51.902.  RULES.  (a)  The supreme court shall adopt

1-40     rules and procedures for the distribution of funds under this

1-41     subchapter.

1-42           (b)  Funds may be distributed only to nonprofit organizations

1-43     that provide basic civil legal services to persons meeting the

1-44     income eligibility requirements established by the supreme court.

1-45           Sec. 51.903.  BASIC CIVIL LEGAL SERVICES ACCOUNT.  (a)  The

1-46     basic civil legal services account is an account in the judicial

1-47     fund administered by the supreme court.

1-48           (b)  Funds in the basic civil legal services account may be

1-49     used only for the support of programs approved by the supreme court

1-50     that provide basic civil legal services to the indigent.  The

1-51     comptroller may pay money from the account only on vouchers

1-52     approved by the supreme court.

1-53           (c)  Except as provided by this subsection, funds from the

1-54     basic civil legal services account may not be used to directly or

1-55     indirectly support a class action lawsuit or lawsuit against a

1-56     governmental entity or for lobbying for or against a candidate or

1-57     issue.  Funds from the basic civil legal services account may be

1-58     used to support a lawsuit against a governmental entity on behalf

1-59     of an individual to secure benefits provided by a government

1-60     directly to an individual, including social security benefits, aid

1-61     to families with dependent children, food stamps, special education

1-62     for the handicapped, Medicare, Medicaid, subsidized or public

1-63     housing, and other economic, shelter, or medical benefits provided

1-64     by a government directly to an indigent individual.

 2-1           (d)  The supreme court shall file a report with the

 2-2     Legislative Budget Board at the end of each fiscal year showing

 2-3     disbursements from the account and the purpose for each

 2-4     disbursement.  All funds expended are subject to audit by the

 2-5     comptroller and the state auditor.

 2-6           (e)  The purpose of this subchapter is to increase the funds

 2-7     available for basic civil legal services to the indigent.  Funds

 2-8     available from the basic civil legal services account may be

 2-9     supplemented by local or federal funds and private or public

2-10     grants.

2-11           SECTION 2.  This Act takes effect September 1, 1997, and

2-12     applies only to fees for appeals, suits, counterclaims, cross

2-13     actions, interventions, interpleaders, or third-party actions filed

2-14     on or after that date.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.

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