BILL ANALYSIS


                                                         S.B. 122
                                                       By: Harris
                                                    Jurisprudence
                                                         01-24-95
                                     Committee Report (Unamended)

BACKGROUND

Prior to a 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; and
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.

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 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 date: upon passage