82S10043 YDB-D
	By: Madden	H.B. No. 34

	A BILL TO BE ENTITLED
	AN ACT
	relating to funding for basic civil legal services, indigent
	defense, and judicial technical support through certain fees and
	court costs and to the establishment of the judicial access and
	improvement account.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 22, Government Code, is
	amended by adding Section 22.016 to read as follows:
	Sec. 22.016.  JUDICIAL ACCESS AND IMPROVEMENT ACCOUNT. (a)
	The judicial access and improvement account is an account in the
	general revenue fund.
	(b)  Subject to Subsection (d), money in the judicial access
	and improvement account shall be appropriated only as provided by
	this section. The supreme court may use an amount determined by the
	supreme court, which annually may not exceed $1 million, to phase in
	electronic filing and retrieval in courts in this state.  The
	remainder of the money in the account shall be divided as follows:
	(1)  an amount equal to 70 percent of the remainder
	shall be deposited to the credit of the basic civil legal services
	account of the judicial fund established under Section 51.943 for
	use in programs approved by the supreme court that provide basic
	civil legal services to indigents; and
	(2)  an amount equal to 30 percent of the remainder
	shall be deposited to the credit of the fair defense account
	established under Section 71.058.
	(c)  The supreme court in consultation with the judicial
	committee on information technology may enter into an agreement
	with the Office of Court Administration of the Texas Judicial
	System to implement the electronic filing and retrieval in courts
	of this state authorized under Subsection (b), including acquiring
	the necessary technology, software, and data storage.
	(d)  The comptroller may retain two percent of the money
	remitted to the comptroller for deposit in the judicial access and
	improvement account. The comptroller shall use the money to audit
	and administer fund balances and to ensure the timely deposit of
	money in accounts as required by this section.
	(e)  Section 403.095 does not apply to money dedicated under
	this section.
	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.  Subchapter F, Chapter 102, Government Code, is
	amended by adding Section 102.1035 to read as follows:
	Sec. 102.1035.  ADDITIONAL COURT COSTS ON CONVICTION IN
	JUSTICE COURT: LOCAL GOVERNMENT CODE.  A clerk of a justice court
	shall collect from a defendant a court cost of $5 under Section
	133.108, Local Government Code, on conviction of an offense, other
	than an offense relating to a pedestrian or the parking of a motor
	vehicle.
	SECTION 4.  Subchapter G, Chapter 102, Government Code, is
	amended by adding Section 102.1215 to read as follows:
	Sec. 102.1215.  ADDITIONAL COURT COSTS ON CONVICTION IN
	MUNICIPAL COURT: LOCAL GOVERNMENT CODE.  A clerk of a municipal
	court shall collect from a defendant a court cost of $5 under
	Section 133.108, Local Government Code, on conviction of an
	offense, other than an offense relating to a pedestrian or the
	parking of a motor vehicle.
	SECTION 5.  Subchapter B, Chapter 403, Government Code, is
	amended by adding Section 403.0306 to read as follows:
	Sec. 403.0306.  FEES AND COSTS ASSESSED FOR JUDICIAL ACCESS
	AND IMPROVEMENT ACCOUNT. Notwithstanding any other law, if in any
	state fiscal biennium the legislature:
	(1)  does not appropriate any money to the judicial
	access and improvement account for the purposes provided by Section
	22.016:
	(A)  the comptroller and the office of court
	administration shall notify each clerk of a justice or municipal
	court, as appropriate, not to assess fees and court costs under
	Sections 102.1035 and 102.1215 of this code and Section 133.108,
	Local Government Code, during the state fiscal biennium; and
	(B)  a clerk of a justice or municipal court may
	not assess fees and court costs under Sections 102.1035 and
	102.1215 of this code and Section 133.108, Local Government Code,
	during the state fiscal biennium; or
	(2)  appropriates only a portion of the money to the
	judicial access and improvement account for the purposes provided
	by Section 22.016:
	(A)  the comptroller and the office of court
	administration shall:
	(i)  proportionally adjust the amount of the
	fees and court costs to be assessed under Sections 102.1035 and
	102.1215 of this code and Section 133.108, Local Government Code,
	during the state fiscal biennium; and
	(ii)  notify each clerk of a justice or
	municipal court, as appropriate, of the amount of the fees and court
	costs to be assessed under Sections 102.1035 and 102.1215 of this
	code and Section 133.108, Local Government Code, during the state
	fiscal biennium; and
	(B)  a clerk of a justice or municipal court shall
	assess the amount of the fees and court costs determined by the
	comptroller under Paragraph (A) during the state fiscal biennium.
	SECTION 6.  Section 133.003, Local Government Code, is
	amended to read as follows:
	Sec. 133.003.  CRIMINAL FEES.  This chapter applies to the
	following criminal fees:
	(1)  the consolidated fee imposed under Section
	133.102;
	(2)  the time payment fee imposed under Section
	133.103;
	(3)  fees for services of peace officers employed by
	the state imposed under Article 102.011, Code of Criminal
	Procedure, and forwarded to the comptroller as provided by Section
	133.104;
	(4)  costs on conviction imposed in certain statutory
	county courts under Section 51.702, Government Code, and deposited
	in the judicial fund;
	(5)  costs on conviction imposed in certain county
	courts under Section 51.703, Government Code, and deposited in the
	judicial fund;
	(6)  the administrative fee for failure to appear or
	failure to pay or satisfy a judgment imposed under Section 706.006,
	Transportation Code;
	(7)  fines on conviction imposed under Section
	621.506(g), Transportation Code;
	(8)  the fee imposed under Article 102.0045, Code of
	Criminal Procedure;
	(9)  the cost on conviction imposed under Section
	133.105 and deposited in the judicial fund; [and]
	(10)  the cost on conviction imposed under Section
	133.107; and
	(11)  the cost on conviction imposed under Section
	133.108.
	SECTION 7.  Section 133.058, Local Government Code, is
	amended by adding Subsection (c-1) to read as follows:
	(c-1)  A municipality or county may retain five percent of
	the money collected as a fee under Section 133.108 to be used for
	judicial support.
	SECTION 8.  Subchapter C, Chapter 133, Local Government
	Code, is amended by adding Section 133.108 to read as follows:
	Sec. 133.108.  FEE FOR JUDICIAL ACCESS AND IMPROVEMENT. (a)
	A person convicted in a municipal or justice court of an offense,
	other than an offense relating to a pedestrian or the parking of a
	motor vehicle, shall pay as a court cost, in addition to other
	costs, a fee of $5 to be used to fund basic civil legal services and
	criminal defense for indigents and electronic filing in courts in
	this state through the judicial access and improvement account
	established under Section 22.016, Government Code.
	(b)  The treasurer shall remit the fees collected under this
	section to the comptroller in the manner provided by Subchapter B.
	The comptroller shall credit the remitted fees to the credit of the
	judicial access and improvement account established under Section
	22.016, Government Code.
	SECTION 9.  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 10.  (a)  Section 51.607, Government Code, does not
	apply to the imposition of a court cost or fee under this Act.
	(b)  The changes in law made by this Act apply to the costs
	imposed on or after October 1, 2011, for conviction of an offense
	that occurs on or after that date.
	(c)  For purposes of Subsection (b) of this section, an
	offense is committed before the date specified by that subsection
	if any element of the offense occurs before the specified date.
	Court costs imposed on conviction of an offense committed before
	that specified date are governed by the law in effect on the date
	the offense was committed, and the former law is continued in effect
	for that purpose.
	(d)  Section 133.152(a), Local Government Code, as amended
	by this Act, and Section 101.0615, Government Code, as amended by
	this Act, apply 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 11.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect on the 91st day after the last day of
	the legislative session.