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A BILL TO BE ENTITLED
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AN ACT
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relating to funding for basic civil legal services, indigent |
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defense, and judicial technical support through certain fees and |
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court costs and to the establishment of the judicial access and |
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improvement account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.016 to read as follows: |
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Sec. 22.016. JUDICIAL ACCESS AND IMPROVEMENT ACCOUNT. (a) |
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The judicial access and improvement account is an account in the |
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general revenue fund. |
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(b) Subject to Subsection (d), money in the judicial access |
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and improvement account shall be appropriated only as provided by |
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this section. The supreme court may use an amount determined by the |
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supreme court, which annually may not exceed $1 million, to phase in |
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electronic filing and retrieval in courts in this state. The |
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remainder of the money in the account shall be divided as follows: |
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(1) an amount equal to 70 percent of the remainder |
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shall be deposited to the credit of the basic civil legal services |
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account of the judicial fund established under Section 51.943 for |
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use in programs approved by the supreme court that provide basic |
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civil legal services to indigents; and |
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(2) an amount equal to 30 percent of the remainder |
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shall be deposited to the credit of the fair defense account |
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established under Section 71.058. |
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(c) The supreme court in consultation with the judicial |
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committee on information technology may enter into an agreement |
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with the Office of Court Administration of the Texas Judicial |
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System to implement the electronic filing and retrieval in courts |
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of this state authorized under Subsection (b), including acquiring |
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the necessary technology, software, and data storage. |
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(d) The comptroller may retain two percent of the money |
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remitted to the comptroller for deposit in the judicial access and |
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improvement account. The comptroller shall use the money to audit |
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and administer fund balances and to ensure the timely deposit of |
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money in accounts as required by this section. |
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(e) Section 403.095 does not apply to money dedicated under |
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this section. |
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SECTION 2. Section 101.0615, Government Code, is amended to |
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read as follows: |
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Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL |
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GOVERNMENT CODE. The clerk of a district court shall collect fees |
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and costs under the Local Government Code as follows: |
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(1) additional filing fees: |
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(A) for each civil suit filed, for court-related |
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purposes for the support of the judiciary and for civil legal |
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services to an indigent: |
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(i) for family law cases and proceedings as |
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defined by Section 25.0002, Government Code (Sec. 133.151, Local |
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Government Code) . . . $45; or |
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(ii) for any case other than a case |
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described by Subparagraph (i) (Sec. 133.151, Local Government Code) |
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. . . $50; and |
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(B) on the filing of any civil action or |
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proceeding requiring a filing fee, including an appeal, and on the |
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filing of any counterclaim, cross-action, intervention, |
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interpleader, or third-party action requiring a filing fee, to fund |
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civil legal services for the indigent: |
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(i) for family law cases and proceedings as |
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defined by Section 25.0002, Government Code (Sec. 133.152, Local |
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Government Code) . . . $15 [$5]; or |
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(ii) for any case other than a case |
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described by Subparagraph (i) (Sec. 133.152, Local Government Code) |
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. . . $20 [$10]; |
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(2) additional filing fee to fund the courthouse |
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security fund, if authorized by the county commissioners court |
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(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
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(3) additional filing fee for filing documents not |
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subject to certain filing fees to fund the courthouse security |
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fund, if authorized by the county commissioners court (Sec. |
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291.008, Local Government Code) . . . $1; |
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(4) additional filing fee to fund the courthouse |
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security fund in Webb County, if authorized by the county |
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commissioners court (Sec. 291.009, Local Government Code) . . . not |
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to exceed $20; |
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(5) court cost in civil cases other than suits for |
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delinquent taxes to fund the county law library fund, if authorized |
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by the county commissioners court (Sec. 323.023, Local Government |
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Code) . . . not to exceed $35; and |
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(6) on the filing of a civil suit, an additional filing |
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fee to be used for court-related purposes for the support of the |
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judiciary (Sec. 133.154, Local Government Code) . . . $42. |
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SECTION 3. Subchapter F, Chapter 102, Government Code, is |
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amended by adding Section 102.1035 to read as follows: |
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Sec. 102.1035. ADDITIONAL COURT COSTS ON CONVICTION IN |
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JUSTICE COURT: LOCAL GOVERNMENT CODE. A clerk of a justice court |
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shall collect from a defendant a court cost of $5 under Section |
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133.108, Local Government Code, on conviction of an offense, other |
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than an offense relating to a pedestrian or the parking of a motor |
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vehicle. |
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SECTION 4. Subchapter G, Chapter 102, Government Code, is |
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amended by adding Section 102.1215 to read as follows: |
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Sec. 102.1215. ADDITIONAL COURT COSTS ON CONVICTION IN |
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MUNICIPAL COURT: LOCAL GOVERNMENT CODE. A clerk of a municipal |
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court shall collect from a defendant a court cost of $5 under |
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Section 133.108, Local Government Code, on conviction of an |
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offense, other than an offense relating to a pedestrian or the |
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parking of a motor vehicle. |
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SECTION 5. Subchapter B, Chapter 403, Government Code, is |
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amended by adding Section 403.0306 to read as follows: |
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Sec. 403.0306. FEES AND COSTS ASSESSED FOR JUDICIAL ACCESS |
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AND IMPROVEMENT ACCOUNT. Notwithstanding any other law, if in any |
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state fiscal biennium the legislature: |
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(1) does not appropriate any money to the judicial |
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access and improvement account for the purposes provided by Section |
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22.016: |
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(A) the comptroller and the office of court |
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administration shall notify each clerk of a justice or municipal |
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court, as appropriate, not to assess fees and court costs under |
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Sections 102.1035 and 102.1215 of this code and Section 133.108, |
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Local Government Code, during the state fiscal biennium; and |
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(B) a clerk of a justice or municipal court may |
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not assess fees and court costs under Sections 102.1035 and |
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102.1215 of this code and Section 133.108, Local Government Code, |
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during the state fiscal biennium; or |
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(2) appropriates only a portion of the money to the |
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judicial access and improvement account for the purposes provided |
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by Section 22.016: |
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(A) the comptroller and the office of court |
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administration shall: |
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(i) proportionally adjust the amount of the |
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fees and court costs to be assessed under Sections 102.1035 and |
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102.1215 of this code and Section 133.108, Local Government Code, |
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during the state fiscal biennium; and |
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(ii) notify each clerk of a justice or |
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municipal court, as appropriate, of the amount of the fees and court |
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costs to be assessed under Sections 102.1035 and 102.1215 of this |
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code and Section 133.108, Local Government Code, during the state |
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fiscal biennium; and |
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(B) a clerk of a justice or municipal court shall |
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assess the amount of the fees and court costs determined by the |
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comptroller under Paragraph (A) during the state fiscal biennium. |
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SECTION 6. Section 133.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 133.003. CRIMINAL FEES. This chapter applies to the |
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following criminal fees: |
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(1) the consolidated fee imposed under Section |
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133.102; |
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(2) the time payment fee imposed under Section |
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133.103; |
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(3) fees for services of peace officers employed by |
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the state imposed under Article 102.011, Code of Criminal |
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Procedure, and forwarded to the comptroller as provided by Section |
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133.104; |
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(4) costs on conviction imposed in certain statutory |
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county courts under Section 51.702, Government Code, and deposited |
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in the judicial fund; |
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(5) costs on conviction imposed in certain county |
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courts under Section 51.703, Government Code, and deposited in the |
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judicial fund; |
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(6) the administrative fee for failure to appear or |
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failure to pay or satisfy a judgment imposed under Section 706.006, |
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Transportation Code; |
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(7) fines on conviction imposed under Section |
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621.506(g), Transportation Code; |
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(8) the fee imposed under Article 102.0045, Code of |
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Criminal Procedure; |
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(9) the cost on conviction imposed under Section |
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133.105 and deposited in the judicial fund; [and] |
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(10) the cost on conviction imposed under Section |
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133.107; and |
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(11) the cost on conviction imposed under Section |
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133.108. |
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SECTION 7. Section 133.058, Local Government Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A municipality or county may retain five percent of |
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the money collected as a fee under Section 133.108. |
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SECTION 8. Subchapter C, Chapter 133, Local Government |
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Code, is amended by adding Section 133.108 to read as follows: |
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Sec. 133.108. FEE FOR JUDICIAL ACCESS AND IMPROVEMENT. (a) |
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A person convicted in a municipal or justice court of an offense, |
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other than an offense relating to a pedestrian or the parking of a |
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motor vehicle, shall pay as a court cost, in addition to other |
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costs, a fee of $5 to be used to fund basic civil legal services and |
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criminal defense for indigents and electronic filing in courts in |
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this state through the judicial access and improvement account |
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established under Section 22.016, Government Code. |
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(b) The treasurer shall remit the fees collected under this |
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section to the comptroller in the manner provided by Subchapter B. |
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The comptroller shall credit the remitted fees to the credit of the |
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judicial access and improvement account established under Section |
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22.016, Government Code. |
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SECTION 9. Section 133.152(a), Local Government Code, is |
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amended to read as follows: |
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(a) In addition to other fees collected under Section |
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133.151(a) or otherwise authorized or required by law, the clerk of |
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a district court shall collect the following fees on the filing of |
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any civil action or proceeding requiring a filing fee, including an |
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appeal, and on the filing of any counterclaim, cross-action, |
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intervention, interpleader, or third-party action requiring a |
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filing fee: |
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(1) $15 [$5] in family law cases and proceedings as |
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defined by Section 25.0002, Government Code; and |
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(2) $20 [$10] in any case other than a case described |
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by Subdivision (1). |
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SECTION 10. (a) Section 51.607, Government Code, does not |
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apply to the imposition of a court cost or fee under this Act. |
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(b) If this Act receives a vote of two-thirds of all members |
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elected to each house as required for immediate effect, the change |
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in law made by this Act applies to the costs imposed on or after |
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September 1, 2011, for conviction of an offense that occurs on or |
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after the effective date of this Act. If this Act does not receive a |
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vote of two-thirds of all members elected to each house, the change |
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in law made by this Act applies to the costs imposed on or after |
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January 1, 2012, for conviction of an offense that occurs on or |
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after September 1, 2011. |
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(c) For purposes of Subsection (b) of this section, an |
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offense is committed before the date specified by that subsection |
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if any element of the offense occurs before the specified date. |
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Court costs imposed on conviction of an offense committed before |
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that specified date are governed by the law in effect on the date |
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the offense was committed, and the former law is continued in effect |
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for that purpose. |
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(d) Section 133.152(a), Local Government Code, as amended |
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by this Act, and Section 101.0615, Government Code, as amended by |
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this Act, apply only to a civil action or proceeding filed in a |
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district court on or after the effective date of this Act. A civil |
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action or proceeding filed before that date is governed by the law |
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in effect on the date the action or proceeding was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |