BILL ANALYSIS



S.B. 122
By: C. Harris (Goodman)
May 10, 1995
Committee Report (Amended)


BACKGROUND

Prior to legal opinion from the Tarrant County District Attorney of
February 8, 1994, payment for future probate services was
acceptable. Currently, a probate clerk must collect, in two
separate checks, a filing fee when a will is filed for probate; a
judge's and Letters Testamentary fee, plus fees for certified
copies.

PURPOSE

As proposed, S.B. 122 authorizes a county clerk to collect fees for
future probate services.

SECTION BY SECTION ANALYSIS

     SECTION 1. Amends Section 118.052, Local Government Code, as
follows:

     Sec. 118.052. FEE SCHEDULE. (a) Created from existing text.

     (b) Authorizes the clerk of a county court to collect a fee
for civil court action for a service to be performed on a future
date at the same time the clerk is collecting a fee under probate
court original action.

     SECTION 2. Amends Section 118.101, Local Government Code, by
adding Subsection (b) to authorize a county judge to collect a fee
for probate of a will, if at the time a person pays a fee for
probate of the will the person requests a related service to be
performed on a future date  by the judge.

     SECTION 3.   Emergency clause - Effective immediately.

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.


EXPLANATION OF AMENDMENTS

Took out the charge for certified copies. The cost for reproduction
is determined by the General Services Commission.

SUMMARY OF COMMITTEE ACTION

Senate Bill 122 was considered by the Committee on Civil Practices
in a public hearing on April 5, 1995. No one testified in support
of, in opposition to or neutrally on the bill. The bill was left
pending. S.B. 122 was considered by the committee in a formal
meeting on May 6, 1995. The committee considered an amendment to
the bill, which was adopted without objection. The bill was
reported favorably, as amended, with the recommendation that it do
pass and be printed, by a record vote of six ayes, zero nays, zero
pnv and three absent.