1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 1136
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on
1-4 Jurisprudence; April 15, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; April 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to fees charged for certain services performed by county
1-9 clerks in a pending probate action.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 118.056(a) and (b), Local Government
1-12 Code, are amended to read as follows:
1-13 (a) The fees for "Services in Pending Probate Action" under
1-14 Section 118.052(2) are for services in an action in an open probate
1-15 docket rendered after the filing of an order approving the
1-16 inventory and appraisement or after the 120th [90th] day after the
1-17 date of the initial filing of the action, whichever occurs first.
1-18 (b) The fee for filing a document also applies to each page
1-19 or part of a page for the filing of a document or exhibit filed by
1-20 a movant after the filing of an original answer or response, after
1-21 the filing of an order approving the inventory and appraisement, or
1-22 after the 120th [90th] day after the date of the initial filing of
1-23 the action, whichever occurs first, and before the filing of an
1-24 adverse action, contest, suit, or pleading seeking affirmative
1-25 relief.
1-26 SECTION 2. This Act takes effect September 1, 1999, and
1-27 applies only to services in a probate action that are provided on
1-28 or after that date. Services that are provided before the
1-29 effective date of this Act are governed by the law in effect at the
1-30 time the services were provided, and the former law is continued in
1-31 effect for that purpose.
1-32 SECTION 3. The importance of this legislation and the
1-33 crowded condition of the calendars in both houses create an
1-34 emergency and an imperative public necessity that the
1-35 constitutional rule requiring bills to be read on three several
1-36 days in each house be suspended, and this rule is hereby suspended.
1-37 * * * * *