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


Senate Research CenterC.S.S.B. 436
By: Lucio
Intergovernmental Relations
5-21-97
Committee Report (Substituted)


DIGEST 

Currently, the legislature finds 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  C.S.S.B. 436 is to provide for collection of a user's fee for 
the preservation and restoration of all 
public records in the office of county clerk.  C.S.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 
preserve and restore 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. 
 
PURPOSE

As proposed, C.S.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 finds that the 
deterioration of public documents in the 
offices of the county clerks constitutes a threat to the 
integrity and reliability of the existing system 
for preserving public documents.  Provides that the purpose of 
this Act is to impose a fee for filing 
public documents in the offices of the county clerks beginning 
September 1, 1997, and ending 
September 1, 2004, to provide funds that will be used to preserve 
and restore existing public 
documents filed in the offices of the county clerks.

SECTION 2. Amends Section 118.001(b), Local Government Code, to 
authorize the county clerk 
to set and collect a records archive fee of not more than $10 
from any person.

SECTION 3. Amends Section 118.0216, Local Government Code, as 
follows:

Sec. 118.0216. RECORDS MANAGEMENT AND PRESERVATION.  
Outlines provisions 
and sets forth requirements for utilization of the fee for 
"records management and 
preservation" under Section 118.011. 

SECTION 4. Amends Chapter 118B, Local Government Code, by adding 
Section 118.0217, as 
follows:

Sec. 118.0217. RECORDS ARCHIVE.  Outlines provisions and 
sets forth requirements for 
utilization of the fee and funds generated from the 
collection of the fee for "records archive" 
under Section 118.011.  Defines "deterioration," 
"preservation," "public document," "records 
archive," and "restoration."  Provides that this section 
expires September 1, 2004.   



 
SECTION 5. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 6. Emergency clause.
  
SUMMARY OF COMMITTEE CHANGES

Amends proposed relating clause.

SECTION 1. 

Amends the findings of the legislature.

SECTION 2. 

Amends Section 118.011(b), Local Government Code, regarding 
collection of a records 
archive fee.

SECTION 3.

Amends Section 118.0216, Local Government Code, regarding 
utilization of a fee for records 
management and preservation.

SECTION 4.

Amends Section 118.0217, Local Government Code, regarding 
utilization of a fee for records 
archive.  Redefines "deterioration," "preservation," and 
"restoration."  Deletes previous 
definitions.

SECTION 5.

Adds the effective date of this Act.