BILL ANALYSIS
S.B. 415
By: Leedom (Hartnett)
April 26, 1995
Committee Report (Unamended)
BACKGROUND
Previously, the Texas Constitution provided that county or precinct
officers were paid a percentage of the fees they collected as a
salary. This resulted in some officers intentionally collecting
excess fees in order to increase pay. Now that laws have been
enacted which pay a regular salary to county or precinct officers,
there is no longer a financial incentive for collecting increased
fees.
PURPOSE
As proposed, S.B. 415 provides that a county or precinct officer
pay damages to an aggrieved person for receiving a higher fee than
authorized or an unauthorized fee under this chapter.
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 118.801, Local Government Code, as
follows:
Sec. 118.801. OVERCHARGING OF FEES; PENALTY. (a) Provides
that an officer who, in bad faith, demands and receives a
higher fee than authorized or an unauthorized fee under this
chapter is liable to the aggrieved person for four times the
amount received.
(b) Provides that an officer who, in good faith, demands and
receives a higher fee than authorized or a fee not
authorized under this chapter is liable to the aggrieved
person for the difference between the amount demanded and
received and the amount of the fee authorized under this
chapter or in a suit to recover the difference under
subdivision (1), if the officer has failed to return the
difference not later than the 30th day after the date an
aggrieved person has made a written demand for the
difference for: the difference between the amount demanded
and received and the amount of the fee authorized by this
chapter; reasonable and necessary attorney's fees; and
prejudgment and postjudgment interest determined by current
law.
(c) Provides that the demand for and receipt of a fee
authorized by the legislature that is determined later by a
court of competent jurisdiction to be unlawful is considered
to be a good faith action by the officer.
(d) Defines "bad faith."
SECTION 2. Effective date: September 1, 1995.
Makes application of this Act prospective.
SECTION 3. Emergency clause.
SUMMARY OF COMMITTEE ACTION
SB 415 was considered by the County Affairs Committee in a public
hearing on 4/26/95. SB 415 was reported favorably with the
recommendation that it do pass and be printed and be placed on the
Local and Consent Calendar, by the record vote of 8 ayes, 0 nays,
0 pnv, 1 absent.