BILL ANALYSIS

C.S.H.B. 3908

By: Pacheco

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been suggested that unnecessary red tape in the administrative process of statutory probate courts in Bexar County could be eliminated by removing a requirement that the appointment of a deputy clerk to such a court be confirmed in writing by the applicable judge. C.S.H.B. 3908 removes this requirement and makes certain other changes relating to the compensation of these deputy clerks.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3908 amends the Government Code to remove the following provisions relating to a deputy clerk appointed to a statutory probate court of Bexar County:

· the provision making the appointment effective on the written confirmation of the judge of the court to which the deputy clerk is assigned; and

· provisions entitling the deputy clerk to receive an annual salary set by the judge that is paid in equal monthly installments and that does not exceed the amount paid to the deputies of the statutory county courts of Bexar County.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3908 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute removes provisions entitling a deputy clerk of a statutory probate court of Bexar County to receive an annual salary set by the judge that is paid in equal monthly installments and that does not exceed the amount paid to the deputies of the statutory county courts of the county. The original did not remove those provisions.

The original did not specify an effective date for the bill. The substitute specifies that the bill takes effect on passage or September 1, 2021, if the bill does not receive the necessary vote for immediate effect.