BILL ANALYSIS


                                                     C.S.S.B. 415
                                                       By: Leedom
                                             Economic Development
                                                       04-05-95
                                   Committee Report (Substituted)
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, C.S.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 an unauthorized fee
       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.
       
       (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.