SRC-DPW H.B. 149 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 149
76R2140 GWK-DBy: Keel (Barrientos)
Criminal Justice
5/11/1999
Engrossed


DIGEST 

Currently, an individual who files an application for a writ of habeas
corpus may also be required to pay a filing fee.  This bill would prohibit
a clerk of a court from requiring a filing fee from a person who files an
application or petition for a writ of habeas corpus. 

PURPOSE

As proposed, H.B. 149 prohibits the requisition of a filing fee for filing
an application or petition for a writ of habeas corpus. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 11, Code of Criminal Procedure, by adding Article
11.051, as follows: 

Art. 11.051. FILING FEE PROHIBITED. Prohibits a clerk of a court from
requiring a filing fee from an individual who files an application or
petition for a writ of habeas corpus, notwithstanding any other law.   

SECTION 2.Emergency clause.
  Effective date: upon passage.