Texas 2013 - 83rd Regular

Texas Senate Bill SB1147 Compare Versions

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1	1	By: West S.B. No. 1147
2	2	(In the Senate - Filed March 5, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Jurisprudence;
4	4	April 2, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 0; April 2, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1147 By: West
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the electronic filing system established by rule or
13	13	order of the Texas Supreme Court; authorizing fees.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter C, Chapter 72, Government Code, is
16	16	amended by adding Section 72.031 to read as follows:
17	17	Sec. 72.031. ELECTRONIC FILING SYSTEM. (a) In this
18	18	section:
19	19	(1) "Appellate court" means the supreme court, the
20	20	court of criminal appeals, or a court of appeals.
21	21	(2) "Electronic filing system" means the filing system
22	22	established by supreme court rule or order for the electronic
23	23	filing of documents in courts of this state.
24	24	(3) "Electronic filing transaction" means the
25	25	simultaneous electronic filing of one or more documents related to
26	26	a proceeding before a court in this state.
27	27	(4) "Local government" means a county or municipality.
28	28	(b) The office as authorized by supreme court rule or order
29	29	may implement an electronic filing system for use in the courts of
30	30	this state and may set fees for transactions that use the electronic
31	31	filing system. A fee set under this subsection for a transaction
32	32	may not exceed $4.
33	33	(c) A fee set by the office for using the electronic filing
34	34	system is in addition to any other statutory fee. The revenue
35	35	collected from the fees must be used to support the electronic
36	36	filing system, including the recovery of system costs.
37	37	(d) A local government or appellate court that uses the
38	38	electronic filing system may charge a fee of $2 for each electronic
39	39	filing transaction if:
40	40	(1) the fee is necessary to recover the actual system
41	41	operating costs reasonably incurred by the local government or
42	42	appellate court to:
43	43	(A) accept electronic payment methods; or
44	44	(B) interface with other technology information
45	45	systems;
46	46	(2) the fee does not include an amount to recover local
47	47	government or appellate court employee costs, other than costs for
48	48	directly maintaining the system;
49	49	(3) the governing body of the local government or the
50	50	appellate court approves the fee using the local government or
51	51	appellate court's standard approval process for fee increases; and
52	52	(4) the local government or appellate court annually
53	53	certifies to the office on a form prescribed by the office that the
54	54	amount of the fee is necessary to recover the actual system
55	55	operating costs incurred by the local government or appellate
56	56	court.
57	57	(d-1) This subsection and Subsection (d) expire September
58	58	1, 2019.
59	59	(e) A local government or appellate court that uses the
60	60	electronic filing system may accept electronic payment methods,
61	61	including payments made with credit and debit cards.
62	62	(f) A governmental entity not otherwise required to pay a
63	63	filing fee under any other law may not be required to pay a fee
64	64	established under this section.
65	65	(g) A court shall waive payment of any fee due under this
66	66	section for an individual the court determines is indigent.
67	67	SECTION 2. Subsection (a), Section 33.48, Tax Code, is
68	68	amended to read as follows:
69	69	(a) In addition to other costs authorized by law, a taxing
70	70	unit is entitled to recover the following costs and expenses in a
71	71	suit to collect a delinquent tax:
72	72	(1) all usual court costs, including the cost of
73	73	serving process and electronic filing fees;
74	74	(2) costs of filing for record a notice of lis pendens
75	75	against property;
76	76	(3) expenses of foreclosure sale;
77	77	(4) reasonable expenses that are incurred by the
78	78	taxing unit in determining the name, identity, and location of
79	79	necessary parties and in procuring necessary legal descriptions of
80	80	the property on which a delinquent tax is due;
81	81	(5) attorney's fees in the amount of 15 percent of the
82	82	total amount of taxes, penalties, and interest due the unit; and
83	83	(6) reasonable attorney ad litem fees approved by the
84	84	court that are incurred in a suit in which the court orders the
85	85	appointment of an attorney to represent the interests of a
86	86	defendant served with process by means of citation by publication
87	87	or posting.
88	88	SECTION 3. Subsection (a), Section 33.49, Tax Code, is
89	89	amended to read as follows:
90	90	(a) Except as provided by Subsection (b), a taxing unit is
91	91	not liable in a suit to collect taxes for court costs, including any
92	92	fees for service of process and electronic filing fees, an attorney
93	93	ad litem, arbitration, or mediation, and may not be required to post
94	94	security for costs.
95	95	SECTION 4. Section 231.202, Family Code, is amended to read
96	96	as follows:
97	97	Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D
98	98	CASES. In a Title IV-D case filed under this title, including a
99	99	case filed under Chapter 159, the Title IV-D agency shall pay only
100	100	the following costs and fees:
101	101	(1) filing fees and fees for issuance and service of
102	102	process as provided by Chapter 110 of this code and by Sections
103	103	51.317(b)(1), (2), and (3) and (b-1), 51.318(b)(2), and 51.319(2),
104	104	Government Code;
105	105	(2) fees for transfer as provided by Chapter 110;
106	106	(3) fees for the issuance and delivery of orders and
107	107	writs of income withholding in the amounts provided by Chapter 110;
108	108	(4) the fee for services provided by sheriffs and
109	109	constables, including:
110	110	(A) a fee authorized under Section 118.131, Local
111	111	Government Code, for serving each item of process to each
112	112	individual on whom service is required, including service by
113	113	certified or registered mail; and
114	114	(B) a fee authorized under Section 157.103(b) for
115	115	serving a capias;
116	116	(5) the fee for filing an administrative writ of
117	117	withholding under Section 158.503(d);
118	118	(6) the fee for issuance of a subpoena as provided by
119	119	Section 51.318(b)(1), Government Code; and
120	120	(7) a fee authorized [under a local rule] for the
121	121	electronic filing of documents with a clerk.
122	122	SECTION 5. Not later than December 1, 2018, the Office of
123	123	Court Administration of the Texas Judicial System shall file a
124	124	report with the lieutenant governor, the speaker of the house of
125	125	representatives, and the presiding officers of the standing
126	126	committees of each house of the legislature with jurisdiction over
127	127	the judiciary detailing the number of local governments and
128	128	appellate courts collecting a fee under Subsection (d), Section
129	129	72.031, Government Code, as added by this Act, and the necessity of
130	130	the local governments and appellate courts to continue collecting
131	131	the fee.
132	132	SECTION 6. This Act takes effect September 1, 2013.
133	133	* * * * *