82R8116 KFF-F
By: Wentworth S.B. No. 1085
A BILL TO BE ENTITLED
AN ACT
relating to the fees collected by district court clerks on the
filing of certain civil actions or proceedings to fund basic civil
legal services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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. (a) Section 51.607, Government Code, does not
apply to the imposition or change in the amount of a fee imposed
under Section 133.152(a), Local Government Code, as amended by this
Act, or under Section 101.0615, Government Code, as amended by this
Act.
(b) The change in law made by this Act applies 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 4. This Act takes effect September 1, 2011.