By:  Lucio                                    S.B. No. 436

         97S0291/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the maintenance and preservation of public records

 1-2     filed with a county clerk and the collection and application of

 1-3     certain user fees.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  The legislature has determined that the

 1-6     deterioration of public records in the county clerks' offices

 1-7     constitutes a threat to the integrity and reliability of the

 1-8     existing system for preserving public records.  The purpose of this

 1-9     legislation is to provide a user fee which will be used to restore,

1-10     re-create, preserve, and make archivally permanent all public

1-11     records in the office of the county clerk and, upon completion of

1-12     the task, to provide for the elimination of the user fee.

1-13           SECTION 2.  Section 118.001, Local Government Code, is

1-14     amended to read as follows:

1-15           Sec. 118.001.  DEFINITIONS [DEFINITION].  In this chapter:

1-16                 (1)  "Archivally permanent" has the meaning commonly

1-17     used by the Texas State Library.

1-18                 (2)  "Deterioration" means any physical or chemical

1-19     process which results in public records being made illegible, in

1-20     whole or in part, or being destroyed, in whole or in part.

1-21                 (3)  "Documents" [, "document"] includes any

1-22     instrument, document, paper, or record which the county clerk is

1-23     authorized to accept for filing.

 2-1                 (4)  "Public records and archives" means documents

 2-2     which have been filed with the county clerk prior to 1990.

 2-3                 (5)  "Restoration," "re-creation," and "preservation"

 2-4     mean any process which arrests or reduces the deterioration of

 2-5     public records and archives or permits public records and archives

 2-6     to be made more legible or to be made available to the public in a

 2-7     manner which reduces the risk of destruction or deterioration.

 2-8                 (6)  "User fee" means a mandatory fee which must be

 2-9     collected at the time any document is filed with the county clerk's

2-10     office.

2-11           SECTION 3.  Subsection (b), Section 118.011, Local Government

2-12     Code, is amended to read as follows:

2-13           (b)  The county clerk may set and collect the following fee

2-14     from any person:

2-15                 (1)  Returned Check

2-16                      (Sec. 118.0215)................. not less than $15

2-17                                                        or more than $25

2-18                 (2)  Records Management and Preservation

2-19                      Fee (Sec. 118.0216).............. not more than $5

2-20                 (3)  Records Restoration and Re-creation

2-21                      Fee (Sec. 118.0217)........................... $10

2-22           SECTION 4.  Subchapter B, Local Government Code, is amended

2-23     by adding Section 118.0217 to read as follows:

2-24           Sec. 118.0217.  RECORDS RESTORATION AND RE-CREATION.

2-25     (a)  The user fee for "Records Restoration and Re-creation" under

 3-1     Section 118.011 is for the records restoration and re-creation

 3-2     services performed by the county clerk after the filing and

 3-3     recording of a document in the records of the office of the clerk.

 3-4     The user fee must be paid at the time of the filing of a document.

 3-5     The user fee shall be deposited into a separate account.  The user

 3-6     fee may be expended by the county clerk only to provide funds for

 3-7     specific restoration, re-creation, and preservation of public

 3-8     records and archives.

 3-9           (b)  On completion of the restoration, re-creation, and

3-10     preservation of the public records and archives, the county clerk

3-11     shall certify to the commissioners court the completion of the

3-12     restoration, re-creation, and preservation project.  Any unexpended

3-13     user fees shall be returned to the comptroller.  The county clerk

3-14     shall eliminate and thereafter not collect the user fee.

3-15           SECTION 5.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended,

3-20     and that this Act take effect and be in force from and after its

3-21     passage, and it is so enacted.