HBA-CBW, KDB H.B. 1884 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1884
By: Thompson
Judicial Affairs
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

While costs associated with running a district clerk's office have risen
considerably in the last decade, basic filing fees, which provide some of
the funding for the district clerk's office, have not.  The legislature has
increased and created new filing fees over the past ten years,  but these
fees have been primarily for dedicated purposes and not for the support of
district clerk's offices.  During the 76th Legislative interim, the Office
of Court Administration studied the costs to district clerk's offices
associated with multiple plaintiff lawsuits and recommended that the filing
fees for multiple plaintiff lawsuits  be increased to help cover the added
expenses associated with these cases.  House Bill 1884 increases the filing
fees for lawsuits from $45 to $60 and creates a sliding scale fee for
lawsuits involving 11 or more plaintiffs. 

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 1884 amends the Government Code to increase from $45 to $60 the
fees for filing a suit, including an appeal from an inferior court.  The
bill removes the provision that refers to the fee for a filing a petition
for preconviction writ of habeas corpus.  The bill provides that the fees
for filing a suit, including an appeal from an inferior court, are: 

 _$75, for a suit with at least 11 but not more than 25 plaintiffs;

 _$100, for a suit with at least 26 but not more than 100 plaintiffs;

 _$125, for a suit with at least 101 but not more than 500 plaintiffs;

 _$150, for a suit with at least 501 but not more than 1,000 plaintiffs; and

 _$175, for a suit with more than 1,000 plaintiffs.

EFFECTIVE DATE

September 1, 2001.