BILL ANALYSIS



H.B. 3165
By: H. Cuellar
4-19-95
Committee Report (Unamended)


BACKGROUND

Due to various recent threats at the Webb County Justice Center, a
need for expanded court security has become evident.  In order to
ensure the safety of the public and county employees expanded
security measures must be considered.

PURPOSE

To provide an additional fee to be set by the Webb County
Commissioners Court for collection at the time of filing in each
civil case.  The County Court, County Court at Law, or District
Court in Webb County may be authorized to make this collection for
expanded security measures to be installed in the Webb County
Justice Center.

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. Chapter 291 of the Local Government Code is amended by
adding Section           291.009 as follows: 

           Section 291.009: Webb County Security Fee.  (a) Webb
County Commissioners          Court may set a fee not to exceed $20
to be collected at the time of filing in          each civil case
filed in the county court, a county court at law, or a district
court          in Webb County. 

           (b) In any civil case brought by the state or a
political subdivision of the state           in which the state or
political subdivision is the prevailing party,                   the amount of a fee imposed under Subsection (a) shall be
taxed and                collected as a cost of court against each
non-prevailing party. 

           (c) The clerks of the respective courts shall collect
the costs under Subsections        (a) and (b). 

           (d) Costs and fees collected under this section shall
be paid to the county         treasurer, or to any other official
who discharges the duties commonly                delegated to the
county treasurer, for deposit in a special fund to be       used by
the commissioners court only for courthouse security.       

Section 2. Effective Date

Section 3.     Emergency Clause.


SUMMARY OF COMMITTEE ACTION

HB 3165 was considered by the County Affairs Committee in a public
hearing on 4/19/95. Representative H. Cuellar opened and closed. HB
3165 was reported favorably with the recommendation that it do pass
and be printed and be sent to the Committee on Local and Consent
Calendars, by the record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.