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.