SRC-PNG S.B. 1193 76(R) BILL ANALYSIS Senate Research Center S.B. 1193 76R5735 CAG-DBy: Lucio Intergovernmental Relations 3/22/1999 As Filed DIGEST Currently, in Texas, a number of historic county courthouses and county records are deteriorating and are in need of preservation. This bill would impose a fee for filing public documents in county clerk offices for a certain period for the preservation and restoration of certain county records and county courthouses. PURPOSE As proposed, S.B. 1193 imposes a fee for filing public documents in county clerk offices for a certain period for the preservation and restoration of certain county records and county courthouses. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Sets forth legislative findings regarding the deteriorated status of county courthouses and county records, and the purpose of this Act. SECTION 2. Amends Section 118.011(b), Local Government Code, to impose a records archive fee and county courthouse restoration fee. SECTION 3. Amends Section 118.0216, Local Government Code, to require the fee for "Records Management and Preservation" to be deposited in a separate records management and preservation account in the general fund of the county. Requires the county clerk to prepare an annual written plan for funding the automation projects and records management and preservation services performed by the clerk. Requires the plan to be considered for approval by the commissioners court, after a public hearing. Authorizes funds from the preservation and restoration account to be expended only as provided by the plan. Requires all expenditures from the preservation and restoration account to comply with the provisions of Chapter 262C. Makes conforming changes. SECTION 4. Amends Chapter 118B, Local Government Code, by adding Sections 118.0217 and 118.0218, as follows: Sec. 118.0217. RECORDS ARCHIVE. Defines "deterioration," "preservation," "public document," "records archive," and "restoration." Provides that the fee for "Records Archive" under Section 118.011 is for the preservation and restoration services performed by the county clerk in connection with maintaining a county clerk's records archive. Requires the fee to be paid at the time a person, excluding a state agency, presents a public document to the county clerk for recording or filing. Requires the fee to be deposited in a separate records archive account in the general fund of the county. Authorizes the funds generated from the collection of a fee collected to be expended only for the preservation and restoration of the county clerk's records archive. Prohibits the funds to be used to purchase, lease, or develop software to geographically index public records, excluding indexing public records by lot and block description, as provided by Section 193.009(b)(4). Requires the county clerk to prepare an annual written plan for funding the preservation and restoration of the county clerk's records archive. Requires the plan to be considered for approval by the commissioners court, after a public hearing. Authorizes funds from the records archive account to be expended only as provided by the plan. Requires all expenditures from the records archive account to comply with the provisions of Chapter 262C. Requires a notice to be posted in a conspicuous place in the county clerk's office, if a county charges a fee under this section. Sets forth the form of the notice of the fee. Provides that the fee is subject to approval by the commissioners court in a public meeting. Authorizes any excess funds generated from the collection of a fee remaining after completion of a county records archive preservation and restoration project to be expended only for the purposes described in Section 118.0216. Prohibits the county clerk from collecting the fee authorized by this section after the county records archive preservation and restoration is complete. Provides that this section expires September 1, 2006. Sec. 118.0218. COUNTY COURTHOUSE RESTORATION. Provides that the fee for "County Courthouse Restoration" under Section 118.011 is for the preservation and restoration of the county courthouse of the county in which the fee is collected. Requires the fee to be paid at the time a person, excluding a state agency, presents a public document to the county clerk for recording or filing. Requires the fee to be deposited in a separate county courthouse restoration account in the general fund of the county. Authorizes the funds generated from the collection of a fee collected to be expended only for the preservation and restoration of the county courthouse. Requires the county clerk to prepare an annual written plan for funding the preservation and restoration of the county courthouse. Requires the plan to be considered for approval by the commissioners court, after a public hearing. Authorizes funds from the records archive account to be expended only as provided by the plan. Requires all expenditures from the records archive account to comply with the provisions of Chapter 262C. Requires a notice to be posted in a conspicuous place in the county clerk's office, if a county charges a fee under this section. Sets forth the form of the notice of the fee. Provides that the fee is subject to approval by the commissioners court in a public meeting. Provides that this section expires September 1, 2006. SECTION 5. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6.Emergency clause.