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.