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.