BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1424

                                                                                                                                       By: Gallegos

                                                                                                                                              Judiciary

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Counterclaims, which are initiated by a party, are not included in the actions on which a court can assess a fee.  As proposed, S.B. 1424 includes a counterclaim as an action on which a court is authorized to assess a fee.

 

RULEMAKING AUTHORITY

 

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

 

ANALYSIS

 

SECTION 1.  Amends Section 118.122, Local Government Code, to provide that the fee for "services rendered before judgment" under Section 118.121(1), includes a fee for the filing of a counterclaim.  Makes conforming changes.   

SECTION 2.  Makes application of this Act prospective.

 

EFFECTIVE DATE

 

SECTION 3.  Effective date: September 1, 2005.