HBA-AMW, KDB H.B. 1107 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1107
By: Hartnett
Judicial Affairs
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Under current law, commissioners courts are permitted to charge an
additional fee in each civil case filed in a county or district court,
other than a suit for delinquent taxes, to be deposited into a county law
library fund.  Prior to the 77th Legislature, the fund could be used only
for the purposes of establishing the law library, purchasing or leasing
library materials, maintaining the library, or acquiring furniture,
shelving, or equipment for the library.  Certain counties may have courts
located in more than one facility and providing legal research
electronically may be a more economical alternative to purchasing duplicate
volumes of materials to be used by many judges.   House Bill 1107
authorizes the use of a county law library fund for the purchase or lease
of library materials or acquiring library equipment, including computers,
software, and subscriptions to electronic research networks. 

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. 

ANALYSIS

House Bill 1107 amends the Local Government Code to authorize a county law
library fund (fund) to be used for purchasing or leasing library materials
or acquiring library equipment, including computers, software, and
subscriptions to obtain access to electronic research networks, for use by
judges in a county. The bill authorizes money in the fund to be used for
the prescribed purposes only if the county's law librarian or, if the
county has no law librarian, the person responsible for the county's law
library, authorizes the use in consultation with the county auditor.  The
bill prohibits such expenditures by the county from exceeding $175,000 each
year.  The bill provides that any unexpended and unobligated balance
allocated by such a county that remains at the end of the county's fiscal
year remains available for such expenditures during subsequent fiscal
years. 

EFFECTIVE DATE

September 1, 2001.