HBA-LCA C.S.H.B. 2822 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2822
By: Deshotel
Judicial Affairs
4/30/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

While the fee schedules of criminal and civil courts have been updated to a
flat-fee system, probate courts, under current law, must still use a
scaled-fee system.  Scaled fees may cause unnecessary  
additional cost to the offices of probate clerks, and are less efficient to
administer than flat fees. 

C.S.H.B. 2822 updates the Local Government Code to provide that, consistent
with criminal and civil courts, a probate court may administer a flat fee
schedule. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 118.052, Local Government Code, as follows:

Sec. 118.052.  FEE SCHEDULE.  Increases certain fees a county clerk must
collect for services rendered relating to probate original action.
Eliminates certain fees for services rendered relating to a pending probate
action.  Establishes the following fees:  filing an inventory and
appraisement after the 120th day after the date of the initial filing of
the action ($25); filing annual or final account of estate ($25); filing
application for sale of real or personal property ($25); and filing annual
or final report of guardian of a person ($10).    

SECTION 2.  Amends Section 118.056, Local Government Code, by deleting
Sections (a) and (b), regarding fees for services in pending probate action
and the fee for filing a document. Requires that each fee under Section
118.052(2)(B) is be paid in cash.   

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by further amending
Section 118.052, Local Government Code, to change the amounts of the
increases in certain fees, as follows: 

The fee for probate of a will with independent executor, administration
with will attached, administration of an estate, guardianship or
receivership of an estate, or muniment of title is increased from $35 to
$40, rather than $50 in the original. 

The fee for community survivors is increased from $20 to $40, rather than
$50 in the original. 

The fee for small estates is increased from $10 to $40, rather than $50 in
the original. 

The fee for declarations, rather than affidavits, of heirship is increased
from $10 to $40, rather than $50 in the original. 
 
The fee for adverse probate action is increased from $35 to $40, rather
than $50 in the original. 

The substitute creates the following fees within SECTION 1 (Section
118.052, Local Government Code):  filing an inventory and appraisement
after the 120th day after the date of the initial filing of the action
($25); filing annual or final account of estate ($25); filing application
for sale of real or personal property ($25); and filing annual or final
report of guardian of a person ($10).