Bill Text: TX SB1085 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the fees collected by district court clerks on the filing of certain civil actions or proceedings to fund basic civil legal services.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-04-28 - No action taken in committee [SB1085 Detail]
Download: Texas-2011-SB1085-Introduced.html
82R8116 KFF-F | ||
By: Wentworth | S.B. No. 1085 |
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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 [ |
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defined by Section 25.0002, Government Code; and | ||
(2) $20 [ |
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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 [ |
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(ii) for any case other than a case | ||
described by Subparagraph (i) (Sec. 133.152, Local Government Code) | ||
. . . $20 [ |
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(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. |