Texas 2009 - 81st Regular

Texas Senate Bill SB1754

Filed
 
Out of Senate Committee
4/14/09  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to filing fees for civil actions or proceedings in a district, county, justice, or small claims court.

Impact

The impact of SB1754 is significant as it modifies the current fee schedules that govern civil actions in Texas courts. By revising these fees, the bill aims to enhance the financial resources available to the judiciary and fund necessary civil legal services for indigent citizens. This is especially relevant for supporting legal aid and ensuring access to justice, as the additional fees collected would contribute towards these causes. Furthermore, it clarifies the roles of clerks in collecting these fees in alignment with updated regulations, promoting a more standardized process across different jurisdictions.

Summary

SB1754 addresses the collection of filing fees for various civil actions in different types of courts, including District, County, Justice, and Small Claims courts. The bill outlines specific changes to existing fees, establishing a framework that stipulates the amounts that clerks of the courts must collect. In particular, it introduces a fee structure where family law cases will incur a $5 fee, while other civil actions will attract a $10 fee. Additionally, the bill details adjustments to previously mentioned fees for statutory county courts, probation court actions, and other civil legal processes.

Contention

One notable contention surrounding SB1754 involves the balance between increasing funding for legal services and the potential financial burden on individuals seeking justice. Critics might argue that higher filing fees could disproportionately affect low-income individuals or those at a disadvantage in legal proceedings, thereby limiting their access to the courts. Proponents of the bill, however, contend that the adjustments are necessary for improving the sustainability of judicial operations and maintaining the infrastructure necessary for effective court functioning.

Companion Bills

TX HB3637

Identical Relating to filing fees in civil actions and proceedings and the use of those fees, to costs on conviction in certain courts, to money paid into the registry of a court in certain counties, and to the appointment of counsel in certain suits.

Previously Filed As

TX SB1612

Relating to court administration and costs; increasing certain court costs; authorizing fees.

TX HB3403

Relating to court administration and costs; increasing certain court costs; authorizing fees.

TX HB3166

Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state; authorizing fees.

TX SB1045

Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.

TX SB1180

Relating to civil actions by a civilly committed individual.

TX HB1546

Relating to the recovery of fees, court costs, and expenses in family law proceedings.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX HB2412

Relating to civil actions by a civilly committed individual.

TX HB2893

Relating to the procedures for transferring certain cases and proceedings between courts.

TX SB1505

Relating to youth diversion strategies and procedures for children accused of certain fine-only offenses in municipal and justice courts and related criminal justice matters; authorizing fees.

Similar Bills

CA AB3264

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CA AB1813

Insurance.

CA AB406

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CA AB2304

Department of Business Oversight: document charges.

TX SB2122

Relating to the disclosure of information concerning the corporate governance structure of certain insurers and related entities; providing an administrative penalty.

TX HB3306

Relating to the disclosure of information concerning the corporate governance structure of certain insurers and related entities; providing an administrative penalty.

TX HB4447

Relating to the procedure for approval of certain land development applications by a municipality or county.

CA AB2596

Life insurers: certificate of exemption revocation: notice.