HBA-DMD H.B. 1136 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1136
By: Thompson
Judicial Affairs
2/23/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2702 was passed by the 75th Legislature to amend Section 118.055,
Local Government Code, to remedy conflicts between the Local Government
Code and the Probate Code concerning the due dates of certain fees.
However, the bill did not address two other similar references  found in
Sections 118.056(a) and (b).  H.B. 1136 extends the time before certain
probate fees can be charged for the filing of an inventory and
appraisement, in order to be consistent with similar provisions in the
Probate Code and Section 118.055 (Probate Original Action), Local
Government Code. 

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 Sections 118.056(a) and (b), Local Government Code, as
follows: 

(a) Establishes that the fees specified in Section 118.052(2)(b) of the
Local Government Code to be collected for services rendered in a pending
probate action are for those services rendered after the filing of an order
approving the inventory and appraisement, or after the 120th, rather than
the 90th, day after the initial filing of the action, whichever comes
first. 

(b) Establishes that the fee for filing a document applies to each page or
partial page of a document or exhibit filed by a movant after the filing of
an original answer or response, after the filing of an order approving the
inventory and appraisement, or after the 120th, rather than the 90th, day
after the initial filing of the action, whichever comes first. Provides
that, once triggered, the fee applies until the filing of an adverse action
or pleading seeking affirmative relief. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.