1-1  By:  Leedom                                            S.B. No. 415
    1-2        (In the Senate - Filed February  1,  1995; February 6, 1995,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  April 5, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 5, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 415                   By:  Leedom
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to a county or precinct officer who overcharges a person a
   1-11  fee.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 118.801, Local Government Code, is
   1-14  amended to read as follows:
   1-15        Sec. 118.801.  Overcharging of Fees; Penalty.  (a)  An
   1-16  officer named in this chapter who, in bad faith, demands and
   1-17  receives a higher fee than authorized under this chapter or a fee
   1-18  that is not authorized under this chapter is liable to the
   1-19  aggrieved person for four times the amount unlawfully demanded and
   1-20  received.
   1-21        (b)  An officer who, in good faith, demands and receives a
   1-22  higher fee than authorized or a fee not authorized under this
   1-23  chapter is liable to the aggrieved person for the difference
   1-24  between the amount demanded and received and the amount of the fee
   1-25  authorized under this chapter.
   1-26        (c)  The demand for and receipt of a fee authorized by the
   1-27  legislature that is later determined by a court of competent
   1-28  jurisdiction to be unlawful is considered to be a good faith action
   1-29  by the officer.
   1-30        (d)  In this section, "bad faith" includes a demand that an
   1-31  officer makes with the knowledge that a fee is not authorized by
   1-32  law.
   1-33        SECTION 2.  This Act takes effect September 1, 1995, and
   1-34  applies only to a fee demanded and received on or after that date.
   1-35  A fee that was demanded and received before the effective date of
   1-36  this Act is governed by the law in effect when the fee was demanded
   1-37  and received, and that law is continued in effect for that purpose.
   1-38        SECTION 3.  The importance of this legislation and the
   1-39  crowded condition of the calendars in both houses create an
   1-40  emergency and an imperative public necessity that the
   1-41  constitutional rule requiring bills to be read on three several
   1-42  days in each house be suspended, and this rule is hereby suspended.
   1-43                               * * * * *