BILL ANALYSIS


                                                         S.B. 770
                                                       By: Leedom
                                      Intergovernmental Relations
                                                         03-17-95
                                       Committee Report (Amended)
BACKGROUND

Article 118F, Local Government Code, allows the commissioners court
of a county to set reasonable fees not higher than is necessary to
pay the expenses of providing the services for the sheriff and
constables.  These fees are required to be set once a year no later
than October 1 to be effective January 1 of the following year.  In
instances when these fees are changed from year-to-year, the annual
requirement amounts to redundant work for the court.

Section 51.601, Government Code, requires a court reporter's fee of
$15 to be collected by the clerk of each court which has an
official court reporter.  Currently, the fee is deposited to the
credit of the county's general fund for the purpose of defraying
the court reporter's salary.  The practice has caused its
constitutionality to be questioned concerning the application of
the fee for the purpose it is levied.

A commissioners court is required to set various fees which are
effective for a 12-month period beginning July 1 of each year. 
These fees are required to be readopted each year whether they are
changed or not.

PURPOSE

As proposed, S.B. 770 sets forth certain procedures relating to the
collection of court reporter fees.

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 118.131(f), Local Government Code, as
follows:

     (f)  Requires a commissioners court to provide to the
     comptroller written notice of the amounts of the fees or
     changes in the amount of a set fee on or before October 15 of
     the year in which the fees are initially set.  Makes
     conforming changes.
     
     SECTION 2.     Amends Section 51.601, Government Code, as follows:

     Sec. 51.601.  COURT REPORTER FEE.  (b)  Requires the clerk of
     each court that has a court reporter to collect a court
     reporter fee and deposit the fee to the credit of the office
     of the court reporter in a special salary fund created in the
     county depository.
     
     (c)  Requires the salary fund for the office of the court
       reporter to be created and administered in the same manner
       as provided for county officers by certain state laws, for
       counties with certain populations.
       
       (d)  Redesignates existing Subsection (b).
       
SECTION 3. Amends Section 51.702, Government Code, by amending
Subsections (f) and (g) and adding Subsections (h), (i), (j), and
(k), as follows:

     (f)  Provides that this section applies only to fees and costs
     for a 12-month period beginning July 1 in a county in which
     the commissioners court files the resolution with the
     comptroller not later than June 1 immediately preceding the
     first 12-month period during which the fees and costs are to
     be collected.
     
     (g)  Provides that a resolution under Subsection (f) continues
     from year to year allowing the county to collect fees and
     costs under the terms of this section until the resolution is
     rescinded.
     
     (h)  Requires a commissioners court that desires to rescind a
     resolution to submit to the comptroller not later than June 1
     preceding the beginning of the first day of the state fiscal
     year the commissioners court desires to rescind the
     resolution.
     
     (i)  Authorizes a county that is not eligible to participate
     on July 1 of a year but is eligible to participate later in
     the year to submit a resolution meeting the requirements of
     Subsection (f) to the comptroller.  Requires the comptroller
     to determine the date the county may begin to collect fees and
     costs.  Provides that a county that begins to collect fees and
     costs after July 1 is not eligible for a payment by the
     comptroller under Section 25.0015 until the 60th day after the
     date the comptroller determines the county may begin to
     collect fees and costs.
     
     (j)  Created from existing text.
     
     (k)  Requires money collected after a county ceases to
     participate in the collection of additional fees and costs to
     be remitted to the comptroller.  Requires the money to be
     deposited in the judicial fund and to be distributed to
     counties currently participating under this section in the
     manner described in Section 25.0005.
     
SECTION 4. Emergency clause.
           Effective date:  90 days after adjournment.