BILL ANALYSIS



H.B. 2573
By: G. Lewis
4-19-95
Committee Report (Amended)


BACKGROUND

Chapter 27 of the Government Code was amended in the 72nd
Legislative Session of Texas Legislature, during which the
jurisdictional limit of the Justice of the Peace Courts was raised
from $2,500 to $5,000.  The amendment increased the number of cases
which may be heard in the Justice of the Peace Court.

The change in jurisdictional limits effectively took cases out of
the county and district courts, where the fees were previously
collected, and put them in Justice of the Peace Courts, where no
fees are collected.  This change caused a revenue shortfall to
County Law Libraries statewide who receive their funding from
filing fees in the amount of $20.00 for each civil case filed in a
county or district court (Government Code, Volume 3, Section
323.023).  

County Law libraries serve many of the cases that are filed by
individuals in the Justice of the Peace Court.

PURPOSE

To authorize the commissioners court to set a fee not to exceed
$10.00 on civil cases in a Justice of the Peace Court, and not to
exceed $20.00 on civil cases filed in a County or District Court.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1: Amends section 323.023(a), Local Government Code, to
require that a sum set by the commissioners court not to exceed
$20.00 shall be taxed, collected, and paid as other costs in each
civil case filed in a county or district court, except suits for
delinquent taxes.  Requires that a sum set by the commissioners
court not to exceed $10.00 shall be taxed, collected, and paid as
other costs in each civil case filed in a justice court.

SECTION 2: Emergency Clause.


EXPLANATION OF AMENDMENTS

Committee amendment #1, on lines 8 and 11 strikes the word "taxed"
and on page 1, lines 7 and 10, strikes the word "sum" and
substitutes "fee".

SUMMARY OF COMMITTEE ACTION

HB 2573 was considered by the County Affairs Committee in a public
hearing on 4/19/95. The following people testified for HB 2573:
Jill Finley Henderson, representing herself; and Jimothy Dyson,
representing herself; and Jim Allison, representing the County
Judges and Commissioner's Association of Texas; and Sharon Wayland,
representing herself; and Mark Mendez, representing the Tarrant
County Commissioner's Court; and Heather Cox, representing the
Travis County Commissioner's Court. The following person testified
against HB 2573: Sandy Prindle, representing himself and the
Justices of the Peace and Constables Association of Texas. HB 2573
was left pending. HB 2573 was laid out as pending business. The
County Affairs Committee considered one amendment to HB 2573. The
amendment was adopted without objection. HB 2573 was reported
favorably as amended with the recommendation that it do pass and be
printed, by the record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.