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.