HBA-DMD H.B. 149 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 149
By: Keel
Criminal Jurisprudence
2/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, an individual who files an application or petition for a writ of
habeas corpus may also be required to pay a filing fee.  H.B. 149 prohibits
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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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,
regardless of any other law, from requiring a filing fee from an individual
who files an application or petition for a writ of habeas corpus. 

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