SRC-PNG C.S.S.B. 1193 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1193
76R11683 CAG-DBy: Lucio
Intergovernmental Relations
4/8/1999
Committee Report (Substituted)


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, C.S.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, Local Government Code, by adding
Subsections (e), (f), and (g), to require the county clerk to collect
certain fees for preservation and restoration of certain county records and
county courthouses if the commissioners court of the county adopts an order
establishing the amount of the fees.  Provides that this subsection and
Subsections (e) and (f) expire on September 1, 2006. 

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 account in the general fund of the county.  Authorizes
the fee to be used only for specific records preservation and automation
purposes, rather than projects. Requires the county clerk to prepare an
annual written plan for funding the automation projects and records
management 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 records management account to be expended only as
provided by the plan. Requires all expenditures from the records management
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."  Authorizes the
commissioners court of a county, by order, to adopt a records archive fee
under Section 118.011(e). Provides that the fee for "Records Archive" under
Section 118.011(e) 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 from being 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 commissioners court of a
county from ordering the collection of a 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.  Authorizes the
commissioners court of a county, by order, to adopt a county courthouse
restoration fee under Section 118.011(e).  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.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.  

Amends Section 118.011, Local Government Code, by adding Subsections (e),
(f), and (g), to require the county clerk to collect certain fees for
preservation and restoration of certain county records and county
courthouses, if the commissioners court of the county adopts an order
establishing the amount of the fees.  Deletes proposed SECTION 2. 

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 account, rather than a separate records management preservation
account, in the general fund of the county.  Authorizes the fee to be used
only for specific records preservation and automation purposes, rather than
projects.  Requires the county clerk to prepare an annual written plan for
funding the automation projects and records management services, rather
than records  management and preservation services, performed by the clerk.
Authorizes funds from the records management account, rather than
preservation and restoration account, to be expended only as provided by
the plan.  Makes conforming changes. 

SECTION 4.

Amends Section 118.0217, Chapter 118B, Local Government Code, to authorize
the commissioners court of a county, by order, to adopt a records archive
fee under Section 118.011(e).  Revises the form of the notice of the fee.
Prohibits the commissioners court of a county from ordering the collection
of a fee authorized by this section after the county records archive
preservation and restoration is complete, rather than prohibiting the
county clerk from collecting the fee. 

Amends Section 118.0218, Chapter 118B, Local Government Code, to authorize
the commissioners court of a county, by order, to adopt a county courthouse
restoration fee under Section 118.011(e).  Revises the form of the notice
of the fee.