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).