By:  Schechter                                        H.B. No. 1296
       73R1450 SOS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the fee charged by a county clerk for records
    1-3  management and preservation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 118.011(b),  Local Government Code, is
    1-6  amended to read as follows:
    1-7        (b)  The county clerk may set and collect the following fee
    1-8  from any person:
    1-9              (1)  Returned Check (Sec. 118.0215)...not less than $15
   1-10                                                     or more than $25
   1-11              (2)  Records Management and Preservation Fee
   1-12                   (Sec. 118.0216).................<not more than> $5
   1-13        SECTION 2.  Section 118.0216,  Local Government Code, is
   1-14  amended to read as follows:
   1-15        Sec. 118.0216.  RECORDS MANAGEMENT AND PRESERVATION.
   1-16  (a)  The fee for "Records Management and Preservation" under
   1-17  Section 118.011 is for the records management and preservation
   1-18  services performed by the county clerk after the filing and
   1-19  recording of a document in the records of the office of the clerk.
   1-20  The fee must be paid at the time of the filing of the document.
   1-21  The fee may be used only to provide funds for specific records
   1-22  preservation and automation projects, unless the fee is remitted to
   1-23  the comptroller under Subsection (b).
   1-24        (b)  The custodian of the county treasury shall:
    2-1              (1)  before the 10th day of each county fiscal year,
    2-2  determine the unobligated and unexpended balance of fees for
    2-3  "Records Management and Preservation" collected in the preceding
    2-4  county fiscal year; and
    2-5              (2)  before the 20th day of each county fiscal year,
    2-6  remit that balance to the comptroller for deposit in the state
    2-7  treasury to the credit of the general revenue fund.
    2-8        (c)  The comptroller may adopt rules to administer Subsection
    2-9  (b).
   2-10        SECTION 3.  This Act takes effect September 1, 1993.
   2-11        SECTION 4.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency   and   an   imperative   public   necessity   that   the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.