HBA-DMD H.B. 1136 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1136 By: Thompson Judicial Affairs 7/27/1999 Enrolled 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) 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.