By:  Lucio                                            S.B. No. 1193
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the fees imposed for the preservation and restoration
 1-2     of certain county records and county courthouses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  (a)  The legislature finds that:
 1-5                 (1)  the deterioration of public documents in the
 1-6     offices of the county clerks constitutes a threat to the integrity
 1-7     and reliability of the existing system for preserving public
 1-8     documents; and
 1-9                 (2)  the deterioration of county courthouses threatens
1-10     the loss of or irreparable injury to an invaluable aspect of Texas
1-11     history and the preservation of these courthouses is necessary.
1-12           (b)  The purpose of this Act is to impose a fee for filing
1-13     public documents in the offices of the county clerks beginning
1-14     September 1, 1999, and ending September 1, 2006, to provide funds
1-15     that will be used to preserve and restore county courthouses and
1-16     existing public documents filed in the offices of the county
1-17     clerks.
1-18           SECTION 2.  Section 118.011, Local Government Code, is
1-19     amended by adding Subsections (e), (f), and (g) to read as follows:
1-20           (e)  The county clerk shall, if the commissioners court of
1-21     the county adopts an order establishing the amount of the fee,
1-22     collect the following fee from any person:
1-23                 (1)  Records Archive Fee
1-24                      (Sec. 118.0217) ................. not more than $5
 2-1                 (2)  County Courthouse Restoration Fee
 2-2                      (Sec. 118.0218) ................. not more than $5
 2-3           (f)  The commissioners court of a county may not adopt an
 2-4     order that establishes fees authorized under Subsection (e) that in
 2-5     the aggregate are more than $7.50.
 2-6           (g)  This subsection and Subsections (e) and (f) expire on
 2-7     September 1, 2006.
 2-8           SECTION 3.  Section 118.0216, Local Government Code, is
 2-9     amended to read as follows:
2-10           Sec. 118.0216.  RECORDS MANAGEMENT AND PRESERVATION.
2-11     (a)  The fee for "Records Management and Preservation" under
2-12     Section 118.011 is for the records management and preservation
2-13     services performed by the county clerk after the filing and
2-14     recording of a document in the records of the office of the clerk.
2-15           (b)  The fee must be paid at the time of the filing of the
2-16     document.
2-17           (c)  The fee shall be deposited in a separate records
2-18     management account in the general fund of the county.
2-19           (d)  The fee may be used only to provide funds for specific
2-20     records preservation and automation purposes [projects].
2-21           (e)  The county clerk shall prepare an annual written plan
2-22     for funding the automation projects and records management services
2-23     performed by the clerk.  After a public hearing, the plan shall be
2-24     considered for approval by the commissioners court.  Funds from the
2-25     records management account may be expended only as provided by the
2-26     plan.  All expenditures from the records management account shall
 3-1     comply with the provisions of Subchapter C, Chapter 262.
 3-2           SECTION 4.  Subchapter B, Chapter 118, Local Government Code,
 3-3     is amended by adding Sections 118.0217 and 118.0218 to read as
 3-4     follows:
 3-5           Sec. 118.0217.  RECORDS ARCHIVE.  (a)  In this section:
 3-6                 (1)  "Deterioration" means any naturally occurring
 3-7     process or a natural disaster that results in the destruction or
 3-8     partial destruction of a public document.
 3-9                 (2)  "Preservation" means any process that:
3-10                       (A)  suspends or reduces the deterioration of
3-11     public documents; or
3-12                       (B)  provides public access to the public
3-13     documents in a manner that reduces the risk of deterioration,
3-14     excluding providing public access to public documents indexed
3-15     geographically.
3-16                 (3)  "Public document" means any instrument, document,
3-17     paper, or other record that the county clerk is authorized to
3-18     accept for filing or maintaining.
3-19                 (4)  "Records archive" means public documents filed
3-20     with the county clerk before January 1, 1990.
3-21                 (5)  "Restoration" means any process that permits the
3-22     visual enhancement of a public document, including making the
3-23     document more legible.
3-24           (b)  The commissioners court of a county, by order, may adopt
3-25     a records archive fee under Section 118.011(e).  The fee for
3-26     "Records Archive" under Section 118.011(e) is for the preservation
 4-1     and restoration services performed by the county clerk in
 4-2     connection with maintaining a county clerk's records archive.
 4-3           (c)  The fee must be paid at the time a person, excluding a
 4-4     state agency, presents a public document to the county clerk for
 4-5     recording or filing.
 4-6           (d)  The fee shall be deposited in a separate records archive
 4-7     account in the general fund of the county.
 4-8           (e)  The funds generated from the collection of a fee under
 4-9     this section may be expended only for the preservation and
4-10     restoration of the county clerk's records archive.
4-11           (f)  The funds may not be used to purchase, lease, or develop
4-12     computer software to geographically index public records, excluding
4-13     indexing public records by lot and block description as provided by
4-14     Section 193.009(b)(4).
4-15           (g)  The county clerk shall prepare an annual written plan
4-16     for funding the preservation and restoration of the county clerk's
4-17     records archive.  After a public hearing, the plan shall be
4-18     considered for approval by the commissioners court.  Funds from the
4-19     records archive account may be expended only as provided by the
4-20     plan.  All expenditures from the records archive account shall
4-21     comply with the provisions of Subchapter C, Chapter 262.
4-22           (h)  If a county charges a fee under this section, a notice
4-23     shall be posted in a conspicuous place in the county clerk's
4-24     office.  The notice must state the amount of the fee in the
4-25     following form:  "THE COMMISSIONERS COURT OF _______________ COUNTY
4-26     HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO
 5-1     PRESERVE AND RESTORE COUNTY RECORDS."
 5-2           (i)  The fee is subject to approval by the commissioners
 5-3     court in a public meeting.
 5-4           (j)  Any excess funds generated from the collection of a fee
 5-5     under this section remaining after completion of a county records
 5-6     archive preservation and restoration project may be expended only
 5-7     for the purposes described by Section 118.0216.  The commissioners
 5-8     court of a county may not order the collection of a fee authorized
 5-9     by this section after the county records archive preservation and
5-10     restoration is complete.
5-11           (k)  This section expires September 1, 2006.
5-12           Sec. 118.0218.  COUNTY COURTHOUSE RESTORATION.  (a)  The
5-13     commissioners court of a county, by order, may adopt a county
5-14     courthouse restoration fee under Section 118.011(e).  The fee for
5-15     "County Courthouse Restoration" under Section 118.011(e) is for the
5-16     preservation and restoration of the county courthouse of the county
5-17     in which the fee is collected.
5-18           (b)  The fee must be paid at the time a person, excluding a
5-19     state agency, presents a public document, as defined in Section
5-20     118.0217, to the county clerk for recording or filing.
5-21           (c)  The fee shall be deposited in a separate county
5-22     courthouse restoration account in the general fund of the county.
5-23           (d)  The funds generated from the collection of a fee under
5-24     this section may be expended only for the preservation and
5-25     restoration of the county courthouse.
5-26           (e)  The commissioners court shall prepare an annual written
 6-1     plan for funding the preservation and restoration of the county
 6-2     courthouse.  After a public hearing, the plan shall be considered
 6-3     for approval by the commissioners court.  Funds from the county
 6-4     courthouse restoration account may be expended only as provided by
 6-5     the plan.  All expenditures from the county courthouse restoration
 6-6     account shall comply with the provisions of Subchapter C, Chapter
 6-7     262.
 6-8           (f)  If a county charges a fee under this section, a notice
 6-9     shall be posted in a conspicuous place in the county clerk's
6-10     office.  The notice must state the amount of the fee in the
6-11     following form:  "THE COMMISSIONERS COURT OF _______________ COUNTY
6-12     HAS DETERMINED THAT A COUNTY COURTHOUSE RESTORATION FEE OF
6-13     $________ IS NEEDED TO PRESERVE AND RESTORE THE COUNTY COURTHOUSE."
6-14           (g)  The fee is subject to approval by the commissioners
6-15     court in a public meeting.
6-16           (h)  This section expires September 1, 2006.
6-17           SECTION 5.  (a)  This Act takes effect September 1, 1999.
6-18     The change in law made by this Act applies only to a public
6-19     document, as that term is defined by Section 118.0217, Local
6-20     Government Code, as added by this Act, that is presented for filing
6-21     on or after September 1, 1999.
6-22           (b)  A public document, as that term is defined by Section
6-23     118.0217, Local Government Code, as added by this Act, that is
6-24     presented for filing before September 1, 1999, is governed by the
6-25     law in effect when the document was presented, and the former law
6-26     continues in effect for that purpose.
 7-1           SECTION 6.  The importance of this legislation and the
 7-2     crowded condition of the calendars in both houses create an
 7-3     emergency and an imperative public necessity that the
 7-4     constitutional rule requiring bills to be read on three several
 7-5     days in each house be suspended, and this rule is hereby suspended.