HBA-LCA H.B. 3267 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3267
By: Hartnett
Judicial Affairs
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

The Local Government Code authorizes a county to assess a special filing
fee (fee) of up to $3 for each original action filed in a probate court.
Under Section 118.064, Local Government Code (Additional Fee in Original
Probate Action), this fee is used to pay for the administration of probate
courts.  A county that receives more revenue from this fee than necessary
is required to reduce the fee.  However, in some counties the fee does not
generate revenue sufficient to pay for the administration of probate
courts. 

H.B. 3267 increases the maximum amount of the filing fee from $3 to $5 to
allow counties to generate additional revenue for the administration of
probate courts. 
 
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, to increase from
$3 to $5 the additional, special fee a county clerk is required to collect
as part of the fees required under this section (Fee Schedule). 

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.