ORDER h10. ;~5~..~
A~~RROVAL OF COUNTY TREASURER TO DEF~OSIT
IN THE COLJNTY' S GENERAL_ REVENUE ACCOUNT
FIVE (~/) PERCENT OF FEES COLLECTED
FROM SENATE RILL 134
On this the c'Lnd day of September, ].997 upon motion made by
Commissioner Lets, seconded by Cammissir_ner Baldwin, the Co~_~rt
unanimously approved by a vote of 4-~-0, the County Treas~_:r-•er-•
to depos>it in the Co~_~nty' s gEner,al r~even~_~e acco~_~nt five (5'f•)
percent a'P 'F@e5 collected a5 st~~ted in SencitE? Sill 154 to
reimb~_tr~se the Co~_~nty fcrr tt-,e expen=,e5 of collecting and
remitting fees callected ~_inder-• S~_il~ection5 (a) tom.) - t5).
RESOLUTION AND ORDER OF THE
CDhiMIS~IGNERS' CGURT GF N.ERR COUNTY, TE}:AS
WHEREAS, S+_tbchapter .J, Chapter `;1, Gover^nment Code, as amended
by the provisions of S. B. 154 in 1997, provides for ttie
collection of additional filing fees for basic civil legal
ser^vices for^ indigents;
WHEREAS, the fees ar-~e required to be collected by clerks of
each of the vario~.is co~_~rts and remitted to the county
treas+_~r~er;
WHEREAS, the co+_~nty treasurer is required to create and keep
r^ecords and, in addition, is r~eq+_~ir~ed to r^emit fees, min+_is an
amo+_~nt ordered retained by the ca+_~nty commissioners court as
a+_~thor~i Led in said bill, to the Comptroller of F'~_~blic Acco~_~nts
an a q+_~arterly basis; and
WHEREAS, the co+_inty inc~_irs casts rind expenses in the
callec•tian and •remitti.ng of s+_~cFi fees collected +_~nder
5+..~bsection {a) (E)-{~) of Section 51.91, Gnver-•nment Code;
WHEREAS, ~_inde•r~ s~_ib~.~ection (e), Election 51.9+Z~1, Government
Code, the Commissioner's Co~_irt may by order r~ec~~_iire the
retention of five percent of tt;e fees callected far depcisit in
the co+_int~r' s general reven~_ie c-+ccat_int ;
NOW, TF•iEREFORE, PE IT f~ESOLVED AND ORL~'FRED that ttie co+_inty
treas+_~rer shall denasit in the co+_~nty' ~_ goner~al r-even+_~e
acc_~o+_int five per'cent of t:he fees collected +_~nder^ the
provisions of S+_~bsection s (a) (::.)-{~), Section :~1.9~Z~1,
Government Cade, as amencled in 1997; and
AE IT RESOLVED that this resol~.ri.ion and order shall remain in
effect i_uit i 1 rescinded.
ADOp'TED this the `e'nd day of September, 1997.
s,'F-I. A. Baldwin
i sll~. H. L_ac3-:ev
~'atr-~icia Dye
By: /s,'Tammr~C7 R.
Cl tank
/s;'Robert A. Denison
hlar-q~_iart, depot y
!s/,Jan athan Lett
!s/Nr+_ice Oehler'
RESOLUTION AND ORDER OF THE
COMMISSIONERS COURT OF ~Q r~ COUNTY, TEXAS
WHEREAS, Subchapter J, Chapter 51, Government Code, as amended by the provisions
of S.B. 1534 in 1997, provides for the collection of additional filing fees for basic civil
legal services for indigents;
WHEREAS, the fees are required to be collected by clerks of each of the various courts
and remitted to the county treasurer; -
WHEREAS, the county treasurer is required to create and keep records and, in addition,
is required to remit the fees, minus an amount ordered retained by the -county
commissioners court as authorized in said bill, to the Comptroller of Public Accounts on
a quarterly basis; and
WHEREAS, the county incurs costs and expenses in the collection and remitting of such
fees collected under Subsections (a)(2)-(5) of Section 51.901, Government Code;
WHEREAS, under subsection (e), Section 51.901, Government Code, the
Commissioners Court may by order require the retention of five percent of the fees
collected for deposit in the county's general revenue account;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the county
treasurer shall deposit in the county's general revenue account five percent of the fees
collected under the provisions of Subsections (a) (2)-(5), Section 51.901, Government
Code, as amended in 1997; and
BE IT FURTHER RESOLVED that this resolution and order shall remain in effect
until rescinded.
ADOPTED this the Z_Z~
l•
~~~c. o~
Cl
day of ~-o`{-,~~~y.~, , 1997.
r
~~ -
i
~~~__
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FtilZlyiStt Ulv~, uxti;INAL AND FIVE COPIES GF TriiS %c_r.Qu~S i NivrJ ui~CUiVIENTS
TO BE REVIEWED BY THE COURT.
MADE Bl': Patricia Dye
~1EETING DATE: Sept. 22, 1997 ,
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Kerr County Clerk
TIME PREFERRED:
Consider and approve requiring the county
treasurer to deposit in the county's general revenue account five (5)
percent of fees collected as stated in S.B. 1534 to reimburse the county
for the expenses of collecting and remitting fees collected under
Subsections (a) (2)- (5) .
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Patricia D
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BZ'
THIS REQUEST RECEIVED ON:

All A<~enda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity See Agenda
Request Rules Adopted by Commissioners' Court.
5:00 P.M. previous 'rlond~y .
S.$. No. 1534
AN ACT
relating to additional court filing fees to provido basic civil Legal services t4 the indigetrt.
BE 1T ENACTE[) $Y THE i.E~(3ISL.ATURE OF TfiE STATE OF TEXAS:
SBCI'I4N 1. Chapter S1, Gove~ument Code, is amended by adding Subchapter J to read as
follows:
~j~~P .R J. ADDTTjO. NAL FI,~.ING FEE FAR BASIC
CIVIL.. L~GAI. SERVICES FOR INDIGENTS
S~ S I 901 ADDITIQNAL FILTN(~..FEE FOIE $ASIC CIVII, LEL3~AL SERVICES FQR
rnmt~EN'~'S (a~ dition ~{r fats au~ia~ orb Inw the clerk of each
court sha,~t oollec the following ~~es o~n the dine of ~ 'action Q~ nrac~~~ng~uiring a
filing fee includine an atx~l and on the filing of any counterclaim crQSS-action, inten+cntion,
_g£plead~er. ar tlZird-party t~etiom r~eq! i~*jga a fi1.in~ f~:
(1) sutxem~court azld courts of anp~. X25
~~;i~~ courts fqr other thaw divorce aid other fannt~y law tn~~rs S 1 Q-
~} c~strict courtsL divorce ~nci at~rf '1_x law tl1~S5'
~4) statutory ead gQ~,~ut~onal Sgt ~S~ S5=
Ls~ J~~ ~~ 1? courts ~2.
~b~ Court fees under this subchaptp er shill be aaltoctcd in the same mt~nner as othg; secs
Eiger. or costs in, the case-
L~~ clerk shall send the fec~ collected under St.on (aXll to the coIItntrolter~
later Than the 1 Q~ day afar the end of tech quarter.
T0'd bL?~6L0f'88 Ol S~f3"C) J.1Nf100 1T3H W021d LT :ST L66i-6T-elf
JIJL-18-1997 15 19 FROM BELL COMITY CLERKS TO 58367922274 P.62
u. ~ 3o uogla[
-[BJLIBJ I I I~III SIlOq~IIB'S I UII pII8 [tfl
pus . s Im sp 30 }u-9. lo,} P~ Tru l
_ un s alb, B 'S3'Itl?I "Z06' S '~S

sZ I ~ a [~'. ~ ~ w3~ ~ y Z
.Z~. +~
AA,BI ~3r ISSB III 9 ~ M i ,3„
:B~ past ui

~ q pay ~e ur asrt io3 Ig!a. . al{;3o saoulras [ [~n,t ~9
~3 }_ un is s saa~ a ~ I Ii lava
' S Z s ~ ~ vQl mi~~ iI
aid ion oa Banat of S Z tea. ~InS papa r~ o a~-g
s alg . ~. 30 ~ suilo
~ a~ Io ramst3aq ay; a~, Jaguo sia tss, uiatoa a
R~ 3a P~ ~ ~~ 8P 9~Ot aKl ~ An
a no, ss ~n isst wva un ~ acl»
. II aq} . [~qs un ~o ran } suuo a a
~ un 'uo, s a{i rap PA^.r~ alu,~ ,~o p i
un ai{~ o sagttp ayi oa Ia
- unoo 1,}o sa, aql suu oyhi so a } IRl [
- t T$ S Z S ~~ 3 }ice [1B'Rs ~aI a~t.L P
[bl Funds maybe distn~buted only to nonprofit areanizations theprovide basic civil legal
sesvioes to persons moctina t#lc ~n~~e eligibility r+egui~,ents establisl~cci~y tt~e supreln~e co
Sec. 51.903._ HASIC CTVIT~LF.GAL SERVICES A,CCOLTN'I'. (g~ basic civil legal
services ~ourrt is att aooount in ~ judicial fiord gd~t}lini~ter~od by the supreme court.
~b,~ Fuu~s in the basic civil legal servi account ma~~g usod only for tha snppo~t of
p~grams tt~royod by the suuxeme court that provido basic civil legal services bo the indi t.
The ~ptratler maX,pay money from the account only on vouchers a~,roved by the supmme
~~
(clot as or~ov}~.~y this subsection. funds f'rop~ti~e basic civil leggy, services ac~g~
gay pow used to dY or i ~~ctlY sucmoTt a class acSiQn_l~wsuil, ~~rposi-related litig~
tion, or a lawsuit a~y'nst a ~averxutnentml entity, politics! tarty. candidate. or officeholder for an
action taloe~ in the indivi 's official capacity or fpf jQng far ar aeainst a candidate or
. Notwitlhstandin~any ~SiSMI of law to the contrary. funds from the basic civil legal
services acco,y not be used far the rrprtiseritation of au individual yr1n4 is confined to a
locgl state or federal jail or orison Funds from the basic civil legal saryic~ account may not be
,~o prayi~e ~eri~.ea to an individual whQ is not le~-lly in ttus caimtrv,~unless necessary„
to protcc~the ~+~cal safer oy f the individual Funds from the basic civil legal services t
;~Y ~e rood to ~~~ ~lavy~~!it bro t by an i~vidual sQlel on h~l~stfzhe individual or
the individual,.' dependant or ward. to comas n gove~nental entity to ode benefits that the
~ndjv~dual or individual's depe or ward is expressly eligible to receive statute or
fe~ulatiort, includin¢ social sooty benefits aid to families with dependent children, financial
assic under Chaptcx 31 Human Resources Code, food stamps. sp~ci~ education for the
haruh~.Medicare Medicaid. ~bsidized pr public housing, and other e£q~or»ic shelter or
~0'd dLZ~6L0~8e Ol S>Ic`13~ A.LhdIO~ 1T3H woa~ OZ:ST 1,66T-8T-"YiL'
rn~~l benefits rnovided by a government dirECtly to an indigent individual but not tom
s~~.tn for actual o~pa.~nitive dama~s
Ex~ceat as yrovided by this sub4ecticm ~rtd_g from the basic civil legateservices account
may not be used for a lawsuit or other legal mg~er that if ut~deriake~ one be f of an inc3~ cent
individual by a`n attorney in ~ -ce midi reasoiL~,w be expected to result in,~-mesa
of a fee for 1 Qa[ services fibtn an award to the ~dividual clietrt from vublic funds o+t an
~ pity Funds from the basic civil legal services account may be vSed support a
lawsuit if the indirteat indivi ~ia1 sccki_n_g ~eg~. assi. -~*+rc made a reasonable effort to eirtain
!coal ~rvices_from an atto~tne~~priv mice for tt~e particulm' lgp l~matter u~cludin~
contg_attort}gysicc law in the jvcl~~al _district that is the rosidcnx of the indi¢esst
individ aad who nosily acccr+t c~sss of a similar nature_ and the indict individual as
1?een unable to Qbta.in le~a~ services:
~} _,~upreme wort shall file a renatt with the L.eg~slativc Budget Board at the end of
each fiscal years ,fig ~sbursemenis from tlse account and the purpose for cac}} disburscmem
and the sanctions imposed if aav A(! funds expend. ed are s 'o~,to audit by a sctQrcmc cxnut,
~.comvtnolTec,~and the s to auditor.
(fl Tlic vlu~nose of this subeha is ~o increa.5e thuds available fob basic ctY.il.lg~l
services to the indent- Funds available from the ba~c civil leg~l,serrices aacoutrt a:av be
supplemented ~iy l~l a; fedora! fps aadpdyate or p!c blic
(g~A,~cga4 Aid ~ietyQr ll scry,~s p~a~rn that is awanded,~,t~cy,~f in a c~
~hatt sestd the attarne-~'s fees to the oom Ilex i ,AUy attorney rgpr__Y,~__' g anyL_ r irtvo_ lved in
was paid in that cake directly fz~vm funds from a ata~ ..made under this subGhat~tcr^_______The
c~m~,ptroller shall deposit the fps to credit o~~ basic civil legal services account of the
iudicial fund for use in progrsms_annroved by tilt sum~eme court that;xovide basic civil legal
services to the irrdieeat
SEG"I'I4N 2. This Act takes effxt September 1,1997, arxi applies only to fees for appeals,
suits, cou>aterclaims, cross~~otions, intetvcatioms, irtbcrplcaders, or tturd-party actiocts filed o~n or
after tl~t date.
SECTION 3. Th,c inxportancc of this Ic~islabiou and the crowded condition of the calendars
in both l~ouscs create as emergestcy and an imperative public necessity that the oonstitutiartat
rule requiiing bills to be read on three several days is each boost be suspended, aad this rule is
hereby suspended.
President of the Senate Speaker of tlye HAUSe
I hereby certify that S.$. No. 1534 passed the Senate on May 1, 1997, by aviva-~vooc vote;
and that the Senate concurred irz House amendments on May 20, 1997, by a viva-voce vote.
Secretory of the Senate
I hcricby cexkify that SB. No. 1534 passed the House, with amendments, on May 14, 1997,
by a ton-revord vote.
Chief Clerk of the House
TOTAL P.05
TEXAS ASSOCIATIOI`I OF CO~II`ITIES
.PT10p -
1204 San Antonio • Austin, TX 78701 ~~ ~ o
Sam D. Seale • Executive Director
September 12, 1997
Dear County Judge:
P.O. Box 2131 • Austin, TX 78768-2131
Enclosed is a copy of S.B. 1534 which became effective September 1, 1997. It mandates
that filing fees in various amounts be collected by court clerks to be used for basic civil
legal services for indigents under Supreme Court administration. "
The bill, adding a new Subchapter J to Chapter 51 of the Government Code, requires the
county treasurer (or other person performing such duties) to remit the collected fees to the
Comptroller of Public Accounts on a quarterly basis. The county may retain five percent
(S%) of the collected filing fees in recognition of the costs incurred in the resulting
collection, record-keeping and remitting processes. Note, however, that the county is
permitted to retain the five percent only if the commissioners court adopts an order as
specified in the bill.
Therefore, this office has drafted a suggested form for adoption by the commissioners
court which would require the Treasurer (or other person performing such duties) to
retain the five percent of the collected Subchapter J filing fees and deposit that amount to
the county's general revenue account on a quarterly basis. (The suggested form assumes
that you have a county treasurer, so please modify the form accordingly if your county
does not have treasurer.)
If you intend to proceed with this matter, please provide a copy of the suggested
resolution and order form to your county attorney for his review and/or modification prior
to any adoption. You should also consult your county treasurer for any additional
guidance in this matter.
If we may be of assistance in this matter, please advise. The TAC Legal Department's
toll free phone number is 1-888-275-8224 and our regular number is 512-478-8753.
Very truly yours,

Robert L. Lemens
General Counsel

U dI~ /
(512)-478-8753 1-(8(}(})-456-5974 FAX (512)-478-0519
1, U,~
U ~
'~~
S.B. 1 ~3~
AN ACT reiating to additional court filing fees to provide basic
civil legal services to the indigent
BE IT ENACTED BY THE L~GISI.ATURE OF THE STATE OF
TEXAS:
SECTION 1. Chapter 51, Government Cade, is amended by
adding Subchapter J to read as follows:
SUBG~iAPTi=R I 4DDfT10NAL ~ IN ~ Fc= ~7R ~A~1 "j:t a
L~ ~A G"RVI =, F R INDI~EVT~
Ser_~ 51-40~ a DfTiO A! FI IN - F== Ft R aAS; 1V~,
- I A ~RVt _=, FOR IN ,j~F~1TS
ja1 In addition to other ft~s a~rtt+oriz~ or re^trirx+ by raw ttte
deric of eac:~t curt chap mller_.! the fallowing fees cn the fifino of
civil ac'teRer nroceedin~rertuirinQ„a fifinQ m ~n . ~dinQ~rt
aRneal_ and on the fif~q of anv rnrmtPrr!aim case-scion
int iv nti .n intP!j`I Wider or'hir ,- „~ty_acdiort roi-~irino : fifino
f~
j]1 a~,tor m r'o~~rt and t~i~rtc ofao~ea(e C?G.
j2} dictri -, M irte for other than dwo _ and ottt~ famih^l~_
matters 5~0•
j3) dictri -, rn irte div p end ether miix ~ w ?tatters 4S-
(d) sta rt ,N and r,netihrtinnal county co~~rts say
jam} l~r~'r° "t the~Pa - ca arts ~
(h) Court fn~yrn . r this eubG`'tanter shall be r^(ler'ed in ttt~
same manner ae ether fees fines or ~etS in m ~eP
-1 Th ~ ric Shall gpn{itt7 - foes rt~lier!ed m .~! C~~hcar!inn
!a)f1) to the rmotroller not•jgter than the 1(`~••~+,~y_?rler the end
Qf each c~_artwr
jd) ~ r_'erk ch _iI r mit the ge oll _ed,y~r ~ , cectionc
ja){2~_lSZat lo~c; as frea ~entjy as morrthly t~_~;~ .t~nty
troacur~r rr'tt ~Prsan who ^ ~emtc th itivc ^f +h n ,rtty
tgac ~rP~~ _r T'n~~ymrTtrnac~rr r ~r the ne_~s~ r_e!-vm~inQ the
d floc of rho ~^ ~rtv +rPac:~r r chap k .AJiL°~^r' ~f m amount
i~morP~y rd-avP~ymd ~ thic c ~ ce~on Th ^~~n mac ~r~r
S.B. 1~3~
jQ) The supreme court shall file a report with the ! egislative
Budget Board at h nd of ~a .h fis al yQar showing
disbursements from the account and th urnose for each
disbursem _nt and th candion~ imposed if any. All funds
~nended are subject to audit by the supreme Court the
comptroller. and the state auditor.
~~numose of this subchapter is to increase ±he fiords
available for basic gull legal services to the in~gent. Funds
available from the basic civil fearll services acrourrt may be
~nnlemented by local or federal funds and private o ~bli .
S~-
SECTION 2.
This Ad takes effect September 1, 1997, and applies only to fees
for appeals, suits, counterdaims, cross-actions. interventions,
interpleaders, or third-party actions filed on or after that date.
SECTION 3.
The importance of this legislation and the crowded condition of
the calendars in both houses create an emergency and an
imperative public necessity that the constitutional rule requiring
bills to be read on three several days in each house be
suspended, and this rule is hereby suspended.
7; 9
Order N0' 25g32 ER TO
TREASUR T
PPR OF ~ OpUNTY ~ S ~SENE P RCEN
OVAL ~l 7LL
DEP gNUE AO DU TED F~ M SENA'~E B
OFV FEES OOLLE
1534
5EP`~E~EE 22 ~ 199'1
Vol V Page 40~