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.