74R9232 CAG-D By Hartnett H.B. No. 940 Substitute the following for H.B. No. 940: By Kamel C.S.H.B. No. 940 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a county or precinct officer who overcharges a person a 1-3 fee. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 118.801, Local Government Code, is 1-6 amended to read as follows: 1-7 Sec. 118.801. Overcharging of Fees; Penalty. (a) An 1-8 officer named in this chapter who, in bad faith, demands and 1-9 receives a higher fee than authorized under this chapter or a fee 1-10 that is not authorized under this chapter is liable to the 1-11 aggrieved person for four times the amount unlawfully demanded and 1-12 received. 1-13 (b) An officer who, in good faith, demands and receives a 1-14 higher fee than authorized or a fee not authorized under this 1-15 chapter is liable to the aggrieved person for the difference 1-16 between the amount demanded and received and the amount of the fee 1-17 authorized under this chapter. 1-18 (c) The demand for and receipt of a fee authorized by the 1-19 legislature that is later determined by a court of competent 1-20 jurisdiction to be unlawful is considered to be a good faith action 1-21 by the officer. 1-22 (d) In this section, "bad faith" includes a demand that an 1-23 officer makes with the knowledge that a fee is not authorized by 1-24 law. 2-1 SECTION 2. This Act takes effect September 1, 1995, and 2-2 applies only to a fee demanded and received on or after that date. 2-3 A fee that was demanded and received before the effective date of 2-4 this Act is governed by the law in effect when the fee was demanded 2-5 and received, and that law is continued in effect for that purpose. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.