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. 2-20 * * * * *