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.