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79S10831 RMB-D
By: Hupp H.B. No. 89
A BILL TO BE ENTITLED
AN ACT
relating to a fee to support the appointment of attorneys ad litem
in certain civil suits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.961, Government Code, as amended by
Senate Bill No. 6, Acts of the 79th Legislature, Regular Session,
2005, is amended to read as follows:
Sec. 51.961. FAMILY PROTECTION FEE. (a) The commissioners
court of a county shall adopt a family protection fee in an amount
not to exceed $45 [$30].
(b) Except as provided by Subsection (c), the district clerk
or county clerk shall collect the family protection fee at the time
a suit for dissolution of a marriage under Chapter 6, Family Code,
is filed. The fee is in addition to any other fee collected by the
district clerk or county clerk.
(c) The clerk may not collect a fee under this section from a
person who is protected by an order issued under:
(1) Subtitle B, Title 4, Family Code; or
(2) Article 17.292, Code of Criminal Procedure.
(c-1) The clerk shall pay one-third of the fee collected
under this section to the county treasurer for deposit in the
general fund of the county. The funds shall be used to pay attorney
ad litem fees for attorneys ad litem appointed under Section
107.013(c), Family Code.
(d) The clerk shall pay one-third [one-half] of the fee
collected under this section to the appropriate officer of the
county in which the suit is filed for deposit in the county treasury
to the credit of the family protection account. The account may be
used by the commissioners court of the county only to fund a service
provider located in that county or an adjacent county. The
commissioners court may provide funding to a nonprofit organization
that provides services described by Subsection (e).
(e) A service provider who receives funds under Subsection
(d) may provide family violence and child abuse prevention,
intervention, family strengthening, mental health, counseling,
legal, including services as an attorney ad litem under Section
107.013, Family Code, and marriage preservation services to
families that are at risk of experiencing or that have experienced
family violence or the abuse or neglect of a child.
(f) In this section, "family violence" has the meaning
assigned by Section 71.004, Family Code.
(g) The clerk shall pay one-third [one-half] of the fee
collected under this section to the comptroller, who shall deposit
the money to the credit of the child abuse and neglect prevention
trust fund account established under Section 40.105, Human
Resources Code.
SECTION 2. Section 101.061, Government Code, as amended by
Senate Bill No. 6 and Senate Bill No. 291, Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
Sec. 101.061. DISTRICT COURT FEES AND COSTS. The clerk of a
district court shall collect fees and costs as follows:
(1) filing fee in action with respect to a fraudulent
court record or fraudulent lien or claim filed against property
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15;
(2) fee for service of notice of action with respect to
a fraudulent court record or fraudulent lien or claim filed against
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not
to exceed $20, if notice delivered in person, or the cost of
postage, if service is by registered or certified mail;
(3) court cost in certain civil cases to establish and
maintain an alternative dispute resolution system, if authorized by
the county commissioners court (Sec. 152.004, Civil Practice and
Remedies Code) . . . not to exceed $10;
(4) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . not more than $5;
(C) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(D) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5; and
(E) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(5) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) for each civil suit filed, for court-related
purposes for the support of the judiciary and for civil legal
services to an indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.151, Local
Government Code) . . . $45; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.151, Local Government
Code) . . . $50;
(C) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15; and
(D) on the filing of any civil action or
proceeding requiring a filing fee, including an appeal, and on the
filing of any counterclaim, cross-action, intervention,
interpleader, or third-party action requiring a filing fee, to fund
civil legal services for the indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.152, Local
Government Code) . . . $5; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.152, Local Government
Code) . . . $10;
(6) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(7) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(8) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government
Code) . . . $8;
(9) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(10) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(11) for issuing a citation, commission for
deposition, writ of execution, order of sale, writ of execution and
order of sale, writ of injunction, writ of garnishment, writ of
attachment, or writ of sequestration not provided for in Section
51.317, or any other writ or process not otherwise provided for,
including one copy if required by law (Sec. 51.318, Government
Code) . . . $8;
(12) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(13) for searching files or records to ascertain the
existence of an instrument or record in the district clerk's office
(Sec. 51.318, Government Code) . . . $5;
(14) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(15) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(16) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk's office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . $1;
(17) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(18) jury fee (Sec. 51.604, Government
Code) . . . $30;
(19) for filing a report of divorce or annulment (Sec.
194.002, Health and Safety Code) . . . $1;
(20) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $4;
(21) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code, if authorized by the county commissioners court (Sec. 51.961,
Government Code) . . . not to exceed $45 [$30];
(22) fee on filing a suit for dissolution of a marriage
for services of child support department in Harris County, if
authorized by the county commissioners court (Sec. 152.1074, Human
Resources Code) . . . not to exceed $12;
(22-a) a child support service fee in Nueces County if
ordered by the commissioners court and assessed by the court (Sec.
152.1844, Human Resources Code) . . . not to exceed $5 a month
payable annually in advance;
(22-b) a service fee to be paid by a person ordered by
a district court to pay child or spousal support:
(A) in Collin County if authorized by the
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to
exceed $2.50 added to first support payment each month;
(B) in Johnson County if authorized by the
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00
added to first support payment each month; and
(C) in Montague County (Sec. 152.1752, Human
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50
cents if fee is ordered to be paid semimonthly or weekly;
(22-c) attorney's fees as an additional cost in
Montague County on a finding of contempt of court for failure to pay
child or spousal support if the contempt action is initiated by the
probation department (Sec. 152.1752, Human Resources
Code) . . . $15;
(23) fee on filing a suit requesting an adoption in
Montague County (Sec. 152.1752, Human Resources Code) . . . $25;
(24) court cost on citation for contempt of court for
failure to comply with child support order in Nueces County, if
authorized by the commissioners court (Sec. 152.1844, Human
Resources Code) . . . not to exceed $10;
(25) fee on filing a suit for divorce in Orange County
(Sec. 152.1873, Human Resources Code) . . . not less than $5;
(26) court costs on citation for contempt of court in
Orange County for failure to comply with a child support order or
order providing for possession of or access to a child (Sec.
152.1873, Human Resources Code) . . . amount determined by
district clerk;
(27) fee on filing a suit requesting an adoption in
Orange County (Sec. 152.1874, Human Resources Code) . . . not less
than $25;
(28) fee on filing a suit requesting an adoption in
Wichita County (Sec. 152.2496, Human Resources Code) . . . $100;
(29) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(30) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(31) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government
Code) . . . not to exceed $20;
(32) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(33) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(34) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government
Code) . . . as assessed by the referring court or associate judge;
(35) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code, as added by Chapter 1150, Acts of the 78th
Legislature, Regular Session, 2003) . . . as imposed by the
referring court or associate judge;
(36) court fees and costs, if ordered by the court, for
a suit filed by an inmate in which an affidavit or unsworn
declaration of inability to pay costs is filed by the inmate (Sec.
14.006, Civil Practice and Remedies Code) . . . the lesser of:
(A) 20 percent of the preceding six months'
deposits to the inmate's trust account administered by the Texas
Department of Criminal Justice under Section 501.014, Government
Code; or
(B) the total amount of court fees and costs;
(37) monthly payment for remaining court fees and
costs after the initial payment for a suit in which an affidavit or
unsworn declaration of inability to pay costs is filed by the inmate
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser
of:
(A) 10 percent of that month's deposit to the
inmate's trust account administered by the Texas Department of
Criminal Justice under Section 501.014, Government Code; or
(B) the total amount of court fees and costs that
remain unpaid;
(38) the following costs not otherwise charged to the
inmate under Section 14.006, Civil Practice and Remedies Code, if
the inmate has previously filed an action dismissed as malicious or
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
(A) expenses of service of process;
(B) postage; and
(C) transportation, housing, or medical care
incurred in connection with the appearance of the inmate in the
court for any proceeding;
(39) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable
fee;
(40) court costs, which may include expert witness
fees in Travis County in an action in which the plaintiff prevails
against an insurer for economic damages sustained by the plaintiff
as a result of unfair discrimination (Sec. 544.054, Insurance
Code) . . . court costs and reasonable and necessary expert
witness fees;
(41) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding;
(42) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate
Code) . . . probable cost of the guardianship proceeding; and
(43) fee for filing an additional petition for review
of an appraisal review board order relating to certain regulated
property running through or operating in more than one county after
the first petition for review relating to the same property is filed
for a tax year (Sec. 42.221, Tax Code) . . . $5.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.