S.B. No. 415
AN ACT
1-1 relating to a county or precinct officer who overcharges a person a
1-2 fee.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 118.801, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 118.801. Overcharging of Fees; Penalty. (a) An
1-7 officer named in this chapter who, in bad faith, demands and
1-8 receives a higher fee than authorized under this chapter or a fee
1-9 that is not authorized under this chapter is liable to the
1-10 aggrieved person for four times the amount unlawfully demanded and
1-11 received.
1-12 (b) An officer who, in good faith, demands and receives a
1-13 higher fee than authorized or a fee not authorized under this
1-14 chapter is liable to the aggrieved person for the difference
1-15 between the amount demanded and received and the amount of the fee
1-16 authorized under this chapter.
1-17 (c) The demand for and receipt of a fee authorized by the
1-18 legislature that is later determined by a court of competent
1-19 jurisdiction to be unlawful is considered to be a good faith action
1-20 by the officer.
1-21 (d) In this section, "bad faith" includes a demand that an
1-22 officer makes with the knowledge that a fee is not authorized by
1-23 law.
1-24 (e) The provisions of this section shall not affect the
2-1 right of any party to recover attorney's fees, interest, or costs
2-2 of court as provided by other law.
2-3 SECTION 2. This Act takes effect September 1, 1995, and
2-4 applies only to a fee demanded and received on or after that date.
2-5 A fee that was demanded and received before the effective date of
2-6 this Act is governed by the law in effect when the fee was demanded
2-7 and received, and that law is continued in effect for that purpose.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.