By Hartnett H.B. No. 940
74R4667 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to damages that may be awarded against a county or
1-3 precinct officer who inadvertently overcharges a person a 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 officer
1-8 named in this chapter who intentionally demands and receives a
1-9 higher fee than authorized under this chapter or a fee that is not
1-10 authorized under this chapter is liable to the aggrieved person for
1-11 four times the amount unlawfully demanded and received.
1-12 (b) An officer who inadvertently or negligently demands and
1-13 receives a higher fee than authorized or a fee not authorized under
1-14 this chapter is liable to the aggrieved person for the amount
1-15 inadvertently or negligently demanded and received.
1-16 SECTION 2. The importance of this legislation and the
1-17 crowded condition of the calendars in both houses create an
1-18 emergency and an imperative public necessity that the
1-19 constitutional rule requiring bills to be read on three several
1-20 days in each house be suspended, and this rule is hereby suspended,
1-21 and that this Act take effect and be in force from and after its
1-22 passage, and it is so enacted.