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.