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A BILL TO BE ENTITLED
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AN ACT
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relating to the fees collected by district court clerks on the |
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filing of certain civil actions or proceedings to fund basic civil |
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legal services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 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. (a) Section 51.607, Government Code, does not |
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apply to the imposition or change in the amount of a fee imposed |
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under Section 133.152(a), Local Government Code, as amended by this |
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Act, or under Section 101.0615, Government Code, as amended by this |
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Act. |
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(b) The change in law made by this Act applies only to a |
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civil action or proceeding filed in a district court on or after the |
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effective date of this Act. A civil action or proceeding filed |
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before that date is governed by the law in effect on the date the |
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action or proceeding was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |