Wayne Lecroy, District Clerk, Relators v. Ben Hanlon, Respondent

Summary

The Texas Supreme Court affirmed the district court’s judgment that sections 31 and 32 of House Bill 1593 are unconstitutional because they violate the Texas Constitution’s caption requirement and open courts provision. The Court held that the bill’s caption does not fairly inform that judicial fees are being altered and that allocating $40 of the filing fee to general revenues is an unreasonable tax on the right to litigate. Justice Gonzalez dissented, contending that the fee does not impede access to the courts and that the caption adequately informs the public.