82R23802 YDB-D
 
  By: Hartnett, et al. H.B. No. 2174
 
  Substitute the following for H.B. No. 2174:
 
  By:  Jackson C.S.H.B. No. 2174
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to funding for basic civil legal services, indigent
  defense, and judicial technical support through certain fees and
  court costs and to the establishment of the judicial access and
  improvement account.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 22, Government Code, is
  amended by adding Section 22.016 to read as follows:
         Sec. 22.016.  JUDICIAL ACCESS AND IMPROVEMENT ACCOUNT. (a)  
  The judicial access and improvement account is an account in the
  general revenue fund.
         (b)  Subject to Subsection (d), money in the judicial access
  and improvement account shall be appropriated only as provided by
  this section. The supreme court may use an amount determined by the
  supreme court, which annually may not exceed $1 million, to phase in
  electronic filing and retrieval in courts in this state.  The
  remainder of the money in the account shall be divided as follows:
               (1)  an amount equal to 70 percent of the remainder
  shall be deposited to the credit of the basic civil legal services
  account of the judicial fund established under Section 51.943 for
  use in programs approved by the supreme court that provide basic
  civil legal services to indigents; and
               (2)  an amount equal to 30 percent of the remainder
  shall be deposited to the credit of the fair defense account
  established under Section 71.058.
         (c)  The supreme court in consultation with the judicial
  committee on information technology may enter into an agreement
  with the Office of Court Administration of the Texas Judicial
  System to implement the electronic filing and retrieval in courts
  of this state authorized under Subsection (b), including acquiring
  the necessary technology, software, and data storage.
         (d)  The comptroller may retain two percent of the money
  remitted to the comptroller for deposit in the judicial access and
  improvement account. The comptroller shall use the money to audit
  and administer fund balances and to ensure the timely deposit of
  money in accounts as required by this section.
         (e)  Section 403.095 does not apply to money dedicated under
  this section.
         SECTION 2.  Section 101.0615, Government Code, is amended to
  read as follows:
         Sec. 101.0615.  DISTRICT COURT FEES AND COSTS:  LOCAL
  GOVERNMENT CODE. The clerk of a district court shall collect fees
  and costs under the Local Government Code as follows:
               (1)  additional filing fees:
                     (A)  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; and
                     (B)  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) . . . $15 [$5]; or
                           (ii)  for any case other than a case
  described by Subparagraph (i) (Sec. 133.152, Local Government Code)
  . . . $20 [$10];
               (2)  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;
               (3)  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;
               (4)  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;
               (5)  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; and
               (6)  on the filing of a civil suit, an additional filing
  fee to be used for court-related purposes for the support of the
  judiciary (Sec. 133.154, Local Government Code) . . . $42.
         SECTION 3.  Subchapter F, Chapter 102, Government Code, is
  amended by adding Section 102.1035 to read as follows:
         Sec. 102.1035.  ADDITIONAL COURT COSTS ON CONVICTION IN
  JUSTICE COURT: LOCAL GOVERNMENT CODE.  A clerk of a justice court
  shall collect from a defendant a court cost of $5 under Section
  133.108, Local Government Code, on conviction of an offense, other
  than an offense relating to a pedestrian or the parking of a motor
  vehicle.
         SECTION 4.  Subchapter G, Chapter 102, Government Code, is
  amended by adding Section 102.1215 to read as follows:
         Sec. 102.1215.  ADDITIONAL COURT COSTS ON CONVICTION IN
  MUNICIPAL COURT: LOCAL GOVERNMENT CODE.  A clerk of a municipal
  court shall collect from a defendant a court cost of $5 under
  Section 133.108, Local Government Code, on conviction of an
  offense, other than an offense relating to a pedestrian or the
  parking of a motor vehicle.
         SECTION 5.  Subchapter B, Chapter 403, Government Code, is
  amended by adding Section 403.0306 to read as follows:
         Sec. 403.0306.  FEES AND COSTS ASSESSED FOR JUDICIAL ACCESS
  AND IMPROVEMENT ACCOUNT. Notwithstanding any other law, if in any
  state fiscal biennium the legislature:
               (1)  does not appropriate any money to the judicial
  access and improvement account for the purposes provided by Section
  22.016:
                     (A)  the comptroller and the office of court
  administration shall notify each clerk of a justice or municipal
  court, as appropriate, not to assess fees and court costs under
  Sections 102.1035 and 102.1215 of this code and Section 133.108,
  Local Government Code, during the state fiscal biennium; and
                     (B)  a clerk of a justice or municipal court may
  not assess fees and court costs under Sections 102.1035 and
  102.1215 of this code and Section 133.108, Local Government Code,
  during the state fiscal biennium; or
               (2)  appropriates only a portion of the money to the
  judicial access and improvement account for the purposes provided
  by Section 22.016:
                     (A)  the comptroller and the office of court
  administration shall:
                           (i)  proportionally adjust the amount of the
  fees and court costs to be assessed under Sections 102.1035 and
  102.1215 of this code and Section 133.108, Local Government Code,
  during the state fiscal biennium; and
                           (ii)  notify each clerk of a justice or
  municipal court, as appropriate, of the amount of the fees and court
  costs to be assessed under Sections 102.1035 and 102.1215 of this
  code and Section 133.108, Local Government Code, during the state
  fiscal biennium; and
                     (B)  a clerk of a justice or municipal court shall
  assess the amount of the fees and court costs determined by the
  comptroller under Paragraph (A) during the state fiscal biennium.
         SECTION 6.  Section 133.003, Local Government Code, is
  amended to read as follows:
         Sec. 133.003.  CRIMINAL FEES.  This chapter applies to the
  following criminal fees:
               (1)  the consolidated fee imposed under Section
  133.102;
               (2)  the time payment fee imposed under Section
  133.103;
               (3)  fees for services of peace officers employed by
  the state imposed under Article 102.011, Code of Criminal
  Procedure, and forwarded to the comptroller as provided by Section
  133.104;
               (4)  costs on conviction imposed in certain statutory
  county courts under Section 51.702, Government Code, and deposited
  in the judicial fund;
               (5)  costs on conviction imposed in certain county
  courts under Section 51.703, Government Code, and deposited in the
  judicial fund;
               (6)  the administrative fee for failure to appear or
  failure to pay or satisfy a judgment imposed under Section 706.006,
  Transportation Code;
               (7)  fines on conviction imposed under Section
  621.506(g), Transportation Code;
               (8)  the fee imposed under Article 102.0045, Code of
  Criminal Procedure;
               (9)  the cost on conviction imposed under Section
  133.105 and deposited in the judicial fund; [and]
               (10)  the cost on conviction imposed under Section
  133.107; and
               (11)  the cost on conviction imposed under Section
  133.108.
         SECTION 7.  Section 133.058, Local Government Code, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  A municipality or county may retain five percent of
  the money collected as a fee under Section 133.108.
         SECTION 8.  Subchapter C, Chapter 133, Local Government
  Code, is amended by adding Section 133.108 to read as follows:
         Sec. 133.108.  FEE FOR JUDICIAL ACCESS AND IMPROVEMENT. (a)  
  A person convicted in a municipal or justice court of an offense,
  other than an offense relating to a pedestrian or the parking of a
  motor vehicle, shall pay as a court cost, in addition to other
  costs, a fee of $5 to be used to fund basic civil legal services and
  criminal defense for indigents and electronic filing in courts in
  this state through the judicial access and improvement account
  established under Section 22.016, Government Code.
         (b)  The treasurer shall remit the fees collected under this
  section to the comptroller in the manner provided by Subchapter B.
  The comptroller shall credit the remitted fees to the credit of the
  judicial access and improvement account established under Section
  22.016, Government Code.
         SECTION 9.  Section 133.152(a), Local Government Code, is
  amended to read as follows:
         (a)  In addition to other fees collected under Section
  133.151(a) or otherwise authorized or required by law, the clerk of
  a district court shall collect the following fees 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:
               (1)  $15 [$5] in family law cases and proceedings as
  defined by Section 25.0002, Government Code; and
               (2)  $20 [$10] in any case other than a case described
  by Subdivision (1).
         SECTION 10.  (a)  Section 51.607, Government Code, does not
  apply to the imposition of a court cost or fee under this Act.
         (b)  If this Act receives a vote of two-thirds of all members
  elected to each house as required for immediate effect, the change
  in law made by this Act applies to the costs imposed on or after
  September 1, 2011, for conviction of an offense that occurs on or
  after the effective date of this Act. If this Act does not receive a
  vote of two-thirds of all members elected to each house, the change
  in law made by this Act applies to the costs imposed on or after
  January 1, 2012, for conviction of an offense that occurs on or
  after September 1, 2011.
         (c)  For purposes of Subsection (b) of this section, an
  offense is committed before the date specified by that subsection
  if any element of the offense occurs before the specified date.  
  Court costs imposed on conviction of an offense committed before
  that specified date are governed by the law in effect on the date
  the offense was committed, and the former law is continued in effect
  for that purpose.
         (d)  Section 133.152(a), Local Government Code, as amended
  by this Act, and Section 101.0615, Government Code, as amended by
  this Act, apply only to a civil action or proceeding filed in a
  district court on or after the effective date of this Act. A civil
  action or proceeding filed before that date is governed by the law
  in effect on the date the action or proceeding was filed, and the
  former law is continued in effect for that purpose.
         SECTION 11.  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 September 1, 2011.