HBA-AMW, KDB C.S.H.B. 1107 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1107
By: Hartnett
Judicial Affairs
3/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, commissioners courts are permitted to charge an
additional fee in each civil case filed in a county or district court,
other than a suit for delinquent taxes, to be deposited into a county law
library fund.  The fund may be used only for the purposes of establishing
the law library, purchasing or leasing library materials, maintaining the
library, or acquiring furniture, shelving, or equipment for the library.
Counties with 30 or more district courts may have courts located in more
than one facility and providing legal research electronically may be a more
economical alternative to purchasing duplicate volumes of materials to be
used by many judges.  C.S.H.B. 1107 authorizes counties with 30 or more
district courts to use the county law library fund for the purchase or
lease of library materials or acquiring library equipment, including
computers, software, and subscriptions to electronic research networks. 

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. 

ANALYSIS

C.S.H.B. 1107 amends the Local Government Code to authorize a county law
library fund to be  used for purchasing or leasing library materials or
acquiring library equipment, including computers, software, and
subscriptions to obtain access to electronic research networks, for use by
judges in a county with 30 or more district courts.  The bill prohibits
such expenditures by a county with 30 or more district courts from
exceeding $175,000 each year.  The bill provides that any unexpended and
unobligated balance allocated by such a county that remains at the end of
the county's fiscal year remains available for such expenditures during
subsequent fiscal years. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1107 differs from the original by prohibiting expenditures from
the county law library fund that are used for purchasing or leasing library
materials or acquiring library equipment for use by judges in a county with
30 or more district courts from exceeding $175,000 each year.  The
substitute provides that any unexpended and unobligated balance by such a
county that remains at the end of the county's fiscal year remains
available for such expenditures during subsequent fiscal years.