SRC-TNM S.B. 436 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 436
By: Lucio
Intergovernmental Relations
2-25-97
As Filed


DIGEST 

Currently, the legislature has determined that the deterioration of public
records in the county clerks' offices constitutes a threat to the
reliability of the existing system for preserving public records. The goal
of  S.B. 436 is to provide for collection of a user's fee for the
restoration, re-creation and preservation of all public records in the
office of county clerk.  S.B. 436 would authorize the county clerk to
collect a $10 user's fee at the time a document is filed with the county
clerk.  The fee would be placed in a separate account and utilized by the
county clerk only to restore, re-create, preserve and make archivally
permanent the public records and archives which are currently
deteriorating. The county clerk would certify to the commissioners court
upon completion of the restoration of the public records and archives, at
which time the fee would no longer be collected.  The statutory authority
to collect this fee will terminate in seven years.  Any user's fees
unexpended at the time of certification would be remitted to the
Comptroller of Public Accounts.   
 
PURPOSE

As proposed, S.B. 436 outlines provisions regarding the maintenance and
preservation of public records filed with a county clerk and the
collection and application of certain user fees. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Provides that the legislature has determined that the
deterioration of public records in the county clerks' offices constitutes
a threat to the integrity and reliability of the existing system for
preserving public records.  Provides that the purpose of this legislation
is to provide a user fee which will be used to restore, re-create,
preserve, and make archivally permanent all public records in the office
of the county clerk and, upon completion of the task, to provide for the
elimination of the user fee. 

SECTION 2. Amends Section 118.001, Local Government Code, as follows:

Sec.118.001. New heading: DEFINITIONS. Defines "archivally permanent,"
"deterioration," "documents," "public records and archives,"
"restoration," "re-creation," "preservation," and "user fee."  Makes a
conforming change.   

SECTION 3. Amends Section 118.011(b), Local Government Code, to authorize
the county clerk to set and collect a $10 fee for records restoration and
re-creation from any person. 

SECTION 4. Amends Subchapter B, Local Government Code, by adding Section
118.0217, as follows: 

Sec. 118.0217. RECORDS RESTORATION AND RE-CREATION. Outlines provisions
and sets forth requirements for utilization of the user fee for "records
restoration and re-creation" under Section 118.011.  Requires the county
clerk to certify to the commissioners court the completion of the
restoration, re-creation, and preservation project.  Requires any
unexpended user fees to be returned to the comptroller.  Requires the
county clerk to  eliminate and thereafter not collect the user fee. 

SECTION 5. Emergency clause.
  Effective date: upon passage.