By: West, Duncan S.B. No. 1146
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Jurisprudence;
April 3, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 3, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1146 By: West
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 this section,
"conviction" has the meaning assigned by Section 133.101, Local
Government Code.
(b) 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 $20 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 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.
(d) 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, or statutory county court.
(e) A court may waive payment of a court cost or fee due
under this section for an individual the court determines is
indigent.
(f) Court costs and fees due under this section shall be
collected in the same manner as other fees, fines, or costs in the
case.
(g) 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.
(h) 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 $20 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 $20 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 $20 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 $20 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 $20 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 $20 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. Subsection (d), Section 133.058, 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 13. Subsection (a), Section 33.48, Tax Code, is
amended to read as follows:
(a) In addition to other costs authorized by law, a taxing
unit is entitled to recover the following costs and expenses in a
suit to collect a delinquent tax:
(1) all usual court costs, including the cost of
serving process and electronic filing fees;
(2) costs of filing for record a notice of lis pendens
against property;
(3) expenses of foreclosure sale;
(4) reasonable expenses that are incurred by the
taxing unit in determining the name, identity, and location of
necessary parties and in procuring necessary legal descriptions of
the property on which a delinquent tax is due;
(5) attorney's fees in the amount of 15 percent of the
total amount of taxes, penalties, and interest due the unit; and
(6) reasonable attorney ad litem fees approved by the
court that are incurred in a suit in which the court orders the
appointment of an attorney to represent the interests of a
defendant served with process by means of citation by publication
or posting.
SECTION 14. Subsection (a), Section 33.49, Tax Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a taxing unit is
not liable in a suit to collect taxes for court costs, including any
fees for service of process, electronic filing, an attorney ad
litem, arbitration, or mediation, and may not be required to post
security for costs.
SECTION 15. 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 16. (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; or
(11) Section 102.082, 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 17. This Act takes effect September 1, 2013.
* * * * *