By Madla                                              S.B. No. 1289
       74R2568 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a records management and preservation fee in certain
    1-3  counties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 118.011, Local Government Code, is
    1-6  amended to read as follows:
    1-7        Sec. 118.011.  Fee Schedule.  (a)  A county clerk shall
    1-8  collect the following fees for services rendered to any person:
    1-9       (1)  Personal Property Records Filing (Sec. 118.012)....$ 2.00
   1-10       (2)  Real Property Records Filing (Sec. 118.013):
   1-11            for the first page.................................$ 3.00
   1-12            for each additional page or part of a page on which
   1-13              there are visible marks of any kind..............$ 2.00
   1-14            for all or part of each 8 1/2" X 14" attachment
   1-15              or rider.........................................$ 2.00
   1-16            for each name in excess of five names that has to be
   1-17              indexed in all records in which the document must
   1-18              be indexed.......................................$ 0.25
   1-19       (3)  Certified Papers (Sec. 118.014):
   1-20              for the clerk's certificate......................$ 5.00
   1-21              plus a fee for each page or part of a page.......$ 1.00
   1-22       (4)  Noncertified Papers (Sec. 118.0145):
   1-23            for each page or part of a page....................$ 1.00
   1-24       (5)  Birth or Death Certificate (Sec. 118.015).........same as
    2-1                                                                state
    2-2                                                            registrar
    2-3       (6)  Bond Approval (Sec. 118.016).......................$ 3.00
    2-4       (7)  Marriage License (Sec. 118.018)....................$25.00
    2-5       (8)  Declaration of Informal Marriage (Sec. 118.019)....$25.00
    2-6       (9)  Brand Registration (Sec. 118.020)..................$ 5.00
    2-7      (10)  Oath Administration (Sec. 118.021).................$ 1.00
    2-8        (b)  Except as provided by Subsection (c), the <The> county
    2-9  clerk may set and collect the following fee from any person:
   2-10                                                    not less than $15
   2-11       (1)  Returned Check (Sec. 118.0215).......... or more than $25
   2-12       (2)  Records Management and Preservation Fee
   2-13              (Sec. 118.0216)........................not more than $5
   2-14        (c)  The commissioners court of a county with a population of
   2-15  1.18 million or more may set and, if set, the county clerk shall
   2-16  collect the following fee from any person:
   2-17       Records Management and Preservation Fee
   2-18              (Sec. 118.0216)........................not more than $5
   2-19        (d) <(c)>  The clerk shall charge reasonable fees for
   2-20  performing other duties prescribed or authorized by statute for
   2-21  which a fee is not prescribed by this subchapter.
   2-22        (e) <(d)>  The county clerk may not charge the United States
   2-23  Immigration and Naturalization Service a fee for a copy of any
   2-24  document on file or of record in the clerk's office relating to an
   2-25  individual's criminal history, regardless of whether the document
   2-26  is certified.
   2-27        SECTION 2.  Section 118.0216, Local Government Code, is
    3-1  amended to read as follows:
    3-2        Sec. 118.0216.  Records Management and Preservation.  (a)
    3-3  The fee for "Records Management and Preservation" under Section
    3-4  118.011 is for the records management and preservation services
    3-5  performed by the county clerk after the filing and recording of a
    3-6  document in the records of the office of the clerk.  The fee must
    3-7  be paid at the time of the filing of the document.  The fee may be
    3-8  used only to provide funds for specific records preservation and
    3-9  automation projects.
   3-10        (b)  The county clerk of a county with a population of 1.18
   3-11  million or more shall place the fee collected for "Records
   3-12  Management and Preservation" under Section 118.011 in a special
   3-13  fund entitled the records management and preservation fund.  An
   3-14  expenditure may not be made from the fund without prior approval of
   3-15  the commissioners court.
   3-16        SECTION 3.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency and an imperative public necessity that the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended.