SRC-AXB H.B. 2822 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2822
By: Deshotel (Ellis)
Intergovernmental Relations
5/13/1999
Engrossed


DIGEST 

While the fee schedules of criminal and civil courts have been updated to a
flat-fee system, probate courts, under current law, must still use a
scaled-fee system. Scaled fees may cause unnecessary additional costs to
the offices of probate clerks, and are less efficient to administer than
flat fees. H.B. 2822 updates the Local Government Code to provide that,
consistent with criminal and civil courts, a probate court may administer a
flat fee schedule. 

PURPOSE

As proposed, H.B. 2822 updates the Local Government Code to provide that,
consistent with criminal and civil courts, a probate court may administer a
flat fee schedule. 

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 Section 118.052, Local Government Code, as follows:

Sec. 118.052. FEE SCHEDULE. Increases certain fees a county clerk must
collect for services rendered relating to probate original action.
Eliminates certain fees for services rendered relating to a pending probate
action.  

SECTION 2. Amends Section 118.056, Local Government Code, by deleting
Sections (a) and (b), regarding fees for services in pending probate action
and the fee for filing a document. Requires that each fee under
Section118.052(2)(B) is to be paid in cash.  

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.