PMWJ H.B. 367 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 367 By: Moreno 5-8-97 Committee Report (Unamended) BACKGROUND While not part of their required or routine daily duties, judges and justices are specifically authorized by Section 1.83 of the Family Code to perform marriage ceremonies. Section 36.07 of the Penal Code, however, prohibits state officials from charging a fee for performing a service that would not have been requested from the official except for his position or authority PURPOSE H.B. 367 allows judges and justices to charge and collect a fee for performing marriage ceremonies. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 adds new Section 21.003 to the Government Code to authorize judges and justices to charge and collect a fee for performing a marriage ceremony. SECTION 2 adds a new Subsection (d) to the Section 36.07 of the Penal Code, which prohibits state officials from charnging a fee for performing a service that would not have been requested from the official except for his position or authority. New Subsection (d) exempts judges and justices who charge a fee for performing a marriage ceremony. SECTION 3. Effective date. SECTION 4. Emergency clause.