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.