83R6363 YDB-D

By: West, Duncan S.B. No. 1146

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the statewide electronic filing system fund and to certain court fees and court costs to fund the account; imposing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 51, Government Code, is amended by adding Subchapter I-1 to read as follows:

SUBCHAPTER I-1. ELECTRONIC FILING FEE

Sec. 51.851. ELECTRONIC FILING FEE. (a) In addition to other fees authorized or required by law, the clerk of the supreme court, a court of appeals, a district court, a county court, a statutory county court, or a statutory probate court shall collect a $15 fee 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 be used as provided by Section 51.852.

(b) In addition to other fees authorized or required by law, the clerk of a justice court shall collect a $5 fee 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 be used as provided by Section 51.852.

(c) In addition to other court costs, a person shall pay $5 as a court cost on conviction of any criminal offense in a district court, county court, statutory county court, or justice court, including cases in which probation or deferred adjudication is granted. A conviction that arises under Chapter 521, Transportation Code, or a conviction under Subtitle C, Title 7, Transportation Code, is included, except that a conviction arising under any law that regulates pedestrians or the parking of motor vehicles is not included.

(d) A court may waive payment of a court cost or fee due under this section for an individual the court determines is indigent.

(e) Court costs and fees due under this section shall be collected in the same manner as other fees, fines, or costs in the case.

(f) The clerk shall send the court costs and fees collected under this section to the comptroller not later than the last day of the month following each calendar quarter.

(g) The comptroller shall deposit the court costs and fees received under this section to the credit of the statewide electronic filing system fund established under Section 51.852.

Sec. 51.852. STATEWIDE ELECTRONIC FILING SYSTEM FUND. (a) The statewide electronic filing system fund is an account in the general revenue fund.

(b) Money in the statewide electronic filing system fund may only be appropriated to the Office of Court Administration of the Texas Judicial System and used to:

(1) support a statewide electronic filing technology project for courts in this state;

(2) provide grants to counties to implement components of the project; or

(3) support court technology projects that have a statewide impact as determined by the office of court administration.

SECTION 2. Subchapter B, Chapter 101, Government Code, is amended by adding Section 101.0211 to read as follows:

Sec. 101.0211. ADDITIONAL SUPREME COURT FEES: GOVERNMENT CODE. The clerk of the supreme court shall collect a statewide electronic filing system fund fee of $15 under Section 51.851, Government Code.

SECTION 3. Subchapter C, Chapter 101, Government Code, is amended by adding Section 101.0411 to read as follows:

Sec. 101.0411. ADDITIONAL COURT OF APPEALS FEES: GOVERNMENT CODE. The clerk of a court of appeals shall collect a statewide electronic filing system fund fee of $15 under Section 51.851, Government Code.

SECTION 4. Subchapter D, Chapter 101, Government Code, is amended by adding Section 101.06118 to read as follows:

Sec. 101.06118. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT CODE. The clerk of a district court shall collect a statewide electronic filing system fund fee of $15 under Section 51.851, Government Code.

SECTION 5. Subchapter E, Chapter 101, Government Code, is amended by adding Section 101.08117 to read as follows:

Sec. 101.08117. ADDITIONAL STATUTORY COUNTY COURT FEES: GOVERNMENT CODE. The clerk of a statutory county court shall collect a statewide electronic filing system fund fee of $15 under Section 51.851, Government Code.

SECTION 6. Subchapter F, Chapter 101, Government Code, is amended by adding Section 101.10116 to read as follows:

Sec. 101.10116. ADDITIONAL STATUTORY PROBATE COURT FEES: GOVERNMENT CODE. The clerk of a statutory probate court shall collect a statewide electronic filing system fund fee of $15 under Section 51.851, Government Code.

SECTION 7. Subchapter G, Chapter 101, Government Code, is amended by adding Section 101.12126 to read as follows:

Sec. 101.12126. ADDITIONAL COUNTY COURT FEES: GOVERNMENT CODE. The clerk of a county court shall collect a statewide electronic filing system fund fee of $15 under Section 51.851, Government Code.

SECTION 8. Subchapter H, Chapter 101, Government Code, is amended by adding Section 101.1411 to read as follows:

Sec. 101.1411. ADDITIONAL JUSTICE COURT FEES: GOVERNMENT CODE. The clerk of a justice court shall collect a statewide electronic filing system fund fee of $5 under Section 51.851, Government Code.

SECTION 9. Subchapter C, Chapter 102, Government Code, is amended by adding Section 102.0415 to read as follows:

Sec. 102.0415. ADDITIONAL COURT COSTS ON CONVICTION IN DISTRICT COURT: GOVERNMENT CODE. The clerk of a district court shall collect from a defendant a court cost on conviction of $5 under Section 51.851, Government Code.

SECTION 10. Subchapter D, Chapter 102, Government Code, is amended by adding Section 102.0615 to read as follows:

Sec. 102.0615. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: GOVERNMENT CODE. The clerk of a statutory county court shall collect from a defendant a court cost on conviction of $5 under Section 51.851, Government Code.

SECTION 11. Subchapter E, Chapter 102, Government Code, is amended by adding Section 102.082 to read as follows:

Sec. 102.082. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: GOVERNMENT CODE. The clerk of a county court shall collect from a defendant a court cost on conviction of $5 under Section 51.851, Government Code.

SECTION 12. Subchapter F, Chapter 102, Government Code, is amended by adding Section 102.1025 to read as follows:

Sec. 102.1025. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: GOVERNMENT CODE. The clerk of a justice court shall collect from a defendant a court cost on conviction of $5 under Section 51.851, Government Code.

SECTION 13. Section 133.058(d), Local Government Code, is amended to read as follows:

(d) A county may not retain a service fee on the collection of a fee:

(1) for the judicial fund; [or]

(2) under Sections 14 and 19, Article 42.12, Code of Criminal Procedure; or

(3) under Section 51.851, Government Code.

SECTION 14. The imposition of a cost of court on conviction under Section 51.851, Government Code, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 15. (a) Section 51.607, Government Code, does not apply to the imposition of a fee assessed under:

(1) Section 51.851, Government Code, as added by this Act;

(2) Section 101.0211, Government Code, as added by this Act;

(3) Section 101.0411, Government Code, as added by this Act;

(4) Section 101.06118, Government Code, as added by this Act;

(5) Section 101.08117, Government Code, as added by this Act;

(6) Section 101.10116, Government Code, as added by this Act;

(7) Section 101.12126, Government Code, as added by this Act;

(8) Section 101.1411, Government Code, as added by this Act;

(9) Section 102.0415, Government Code, as added by this Act;

(10) Section 102.0615, Government Code, as added by this Act;

(11) Section 102.082, Government Code, as added by this Act; or

(12) Section 102.1025, Government Code, as added by this Act.

(b) The changes in law made by this Act apply only to a fee that becomes payable on or after September 1, 2013. A fee that becomes payable before that date is governed by the law in effect when the fee became payable, and the former law is continued in effect for that purpose.

SECTION 16. This Act takes effect September 1, 2013.