Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB942 by Dukes (Relating to an exemption for school districts from security for court costs and appeal bond.), As Introduced
No fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to authorize a school district to institute and prosecute suits without giving security for cost and to appeal from judgment without giving supersedeas or cost bond. The provisions of the bill would apply only to a suit or an appeal filed on or after the effective date of the bill, which would be September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated. The provisions of the bill would exempt school districts from the requirement to post a bond upon appealing a case. The bond is meant to protect the appellee and does not go to the state or a local government. The language would not exempt school districts from paying filing fees in civil cases. Accordingly, no significant fiscal impact to school districts or other units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts