By: West S.B. No. 1147
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Jurisprudence;
April 2, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 2, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1147 By: West
A BILL TO BE ENTITLED
AN ACT
relating to the electronic filing system established by rule or
order of the Texas Supreme Court; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.031 to read as follows:
Sec. 72.031. ELECTRONIC FILING SYSTEM. (a) In this
section:
(1) "Appellate court" means the supreme court, the
court of criminal appeals, or a court of appeals.
(2) "Electronic filing system" means the filing system
established by supreme court rule or order for the electronic
filing of documents in courts of this state.
(3) "Electronic filing transaction" means the
simultaneous electronic filing of one or more documents related to
a proceeding before a court in this state.
(4) "Local government" means a county or municipality.
(b) The office as authorized by supreme court rule or order
may implement an electronic filing system for use in the courts of
this state and may set fees for transactions that use the electronic
filing system. A fee set under this subsection for a transaction
may not exceed $4.
(c) A fee set by the office for using the electronic filing
system is in addition to any other statutory fee. The revenue
collected from the fees must be used to support the electronic
filing system, including the recovery of system costs.
(d) A local government or appellate court that uses the
electronic filing system may charge a fee of $2 for each electronic
filing transaction if:
(1) the fee is necessary to recover the actual system
operating costs reasonably incurred by the local government or
appellate court to:
(A) accept electronic payment methods; or
(B) interface with other technology information
systems;
(2) the fee does not include an amount to recover local
government or appellate court employee costs, other than costs for
directly maintaining the system;
(3) the governing body of the local government or the
appellate court approves the fee using the local government or
appellate court's standard approval process for fee increases; and
(4) the local government or appellate court annually
certifies to the office on a form prescribed by the office that the
amount of the fee is necessary to recover the actual system
operating costs incurred by the local government or appellate
court.
(d-1) This subsection and Subsection (d) expire September
1, 2019.
(e) A local government or appellate court that uses the
electronic filing system may accept electronic payment methods,
including payments made with credit and debit cards.
(f) A governmental entity not otherwise required to pay a
filing fee under any other law may not be required to pay a fee
established under this section.
(g) A court shall waive payment of any fee due under this
section for an individual the court determines is indigent.
SECTION 2. 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 3. 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 and electronic filing fees, an attorney
ad litem, arbitration, or mediation, and may not be required to post
security for costs.
SECTION 4. Section 231.202, Family Code, is amended to read
as follows:
Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D
CASES. In a Title IV-D case filed under this title, including a
case filed under Chapter 159, the Title IV-D agency shall pay only
the following costs and fees:
(1) filing fees and fees for issuance and service of
process as provided by Chapter 110 of this code and by Sections
51.317(b)(1), (2), and (3) and (b-1), 51.318(b)(2), and 51.319(2),
Government Code;
(2) fees for transfer as provided by Chapter 110;
(3) fees for the issuance and delivery of orders and
writs of income withholding in the amounts provided by Chapter 110;
(4) the fee for services provided by sheriffs and
constables, including:
(A) a fee authorized under Section 118.131, Local
Government Code, for serving each item of process to each
individual on whom service is required, including service by
certified or registered mail; and
(B) a fee authorized under Section 157.103(b) for
serving a capias;
(5) the fee for filing an administrative writ of
withholding under Section 158.503(d);
(6) the fee for issuance of a subpoena as provided by
Section 51.318(b)(1), Government Code; and
(7) a fee authorized [under a local rule] for the
electronic filing of documents with a clerk.
SECTION 5. Not later than December 1, 2018, the Office of
Court Administration of the Texas Judicial System shall file a
report with the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of the standing
committees of each house of the legislature with jurisdiction over
the judiciary detailing the number of local governments and
appellate courts collecting a fee under Subsection (d), Section
72.031, Government Code, as added by this Act, and the necessity of
the local governments and appellate courts to continue collecting
the fee.
SECTION 6. This Act takes effect September 1, 2013.
* * * * *