1-1     By:  Lucio                                            S.B. No. 1193
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 12, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     April 12, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1193                 By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the fees imposed for the preservation and restoration
1-11     of certain county records and county courthouses.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  (a)  The legislature finds that:
1-14                 (1)  the deterioration of public documents in the
1-15     offices of the county clerks constitutes a threat to the integrity
1-16     and reliability of the existing system for preserving public
1-17     documents; and
1-18                 (2)  the deterioration of county courthouses threatens
1-19     the loss of or irreparable injury to an invaluable aspect of Texas
1-20     history and the preservation of these courthouses is necessary.
1-21           (b)  The purpose of this Act is to impose a fee for filing
1-22     public documents in the offices of the county clerks beginning
1-23     September 1, 1999, and ending September 1, 2006, to provide funds
1-24     that will be used to preserve and restore county courthouses and
1-25     existing public documents filed in the offices of the county
1-26     clerks.
1-27           SECTION 2.  Section 118.011, Local Government Code, is
1-28     amended by adding Subsections (e), (f), and (g) to read as follows:
1-29           (e)  The county clerk shall, if the commissioners court of
1-30     the county adopts an order establishing the amount of the fee,
1-31     collect the following fee from any person:
1-32                 (1)  Records Archive Fee
1-33                      (Sec. 118.0217) ................. not more than $5
1-34                 (2)  County Courthouse Restoration Fee
1-35                      (Sec. 118.0218) ................. not more than $5
1-36           (f)  The commissioners court of a county may not adopt an
1-37     order that establishes fees authorized under Subsection (e) that in
1-38     the aggregate are more than $7.50.
1-39           (g)  This subsection and Subsections (e) and (f) expire on
1-40     September 1, 2006.
1-41           SECTION 3.  Section 118.0216, Local Government Code, is
1-42     amended to read as follows:
1-43           Sec. 118.0216.  RECORDS MANAGEMENT AND PRESERVATION.
1-44     (a)  The fee for "Records Management and Preservation" under
1-45     Section 118.011 is for the records management and preservation
1-46     services performed by the county clerk after the filing and
1-47     recording of a document in the records of the office of the clerk.
1-48           (b)  The fee must be paid at the time of the filing of the
1-49     document.
1-50           (c)  The fee shall be deposited in a separate records
1-51     management account in the general fund of the county.
1-52           (d)  The fee may be used only to provide funds for specific
1-53     records preservation and automation purposes [projects].
1-54           (e)  The county clerk shall prepare an annual written plan
1-55     for funding the automation projects and records management services
1-56     performed by the clerk.  After a public hearing, the plan shall be
1-57     considered for approval by the commissioners court.  Funds from the
1-58     records management account may be expended only as provided by the
1-59     plan.  All expenditures from the records management account shall
1-60     comply with the provisions of Subchapter C, Chapter 262.
1-61           SECTION 4.  Subchapter B, Chapter 118, Local Government Code,
1-62     is amended by adding Sections 118.0217 and 118.0218 to read as
1-63     follows:
1-64           Sec. 118.0217.  RECORDS ARCHIVE.  (a)  In this section:
 2-1                 (1)  "Deterioration" means any naturally occurring
 2-2     process or a natural disaster that results in the destruction or
 2-3     partial destruction of a public document.
 2-4                 (2)  "Preservation" means any process that:
 2-5                       (A)  suspends or reduces the deterioration of
 2-6     public documents; or
 2-7                       (B)  provides public access to the public
 2-8     documents in a manner that reduces the risk of deterioration,
 2-9     excluding providing public access to public documents indexed
2-10     geographically.
2-11                 (3)  "Public document" means any instrument, document,
2-12     paper, or other record that the county clerk is authorized to
2-13     accept for filing or maintaining.
2-14                 (4)  "Records archive" means public documents filed
2-15     with the county clerk before January 1, 1990.
2-16                 (5)  "Restoration" means any process that permits the
2-17     visual enhancement of a public document, including making the
2-18     document more legible.
2-19           (b)  The commissioners court of a county, by order, may adopt
2-20     a records archive fee under Section 118.011(e).  The fee for
2-21     "Records Archive" under Section 118.011(e) is for the preservation
2-22     and restoration services performed by the county clerk in
2-23     connection with maintaining a county clerk's records archive.
2-24           (c)  The fee must be paid at the time a person, excluding a
2-25     state agency, presents a public document to the county clerk for
2-26     recording or filing.
2-27           (d)  The fee shall be deposited in a separate records archive
2-28     account in the general fund of the county.
2-29           (e)  The funds generated from the collection of a fee under
2-30     this section may be expended only for the preservation and
2-31     restoration of the county clerk's records archive.
2-32           (f)  The funds may not be used to purchase, lease, or develop
2-33     computer software to geographically index public records, excluding
2-34     indexing public records by lot and block description as provided by
2-35     Section 193.009(b)(4).
2-36           (g)  The county clerk shall prepare an annual written plan
2-37     for funding the preservation and restoration of the county clerk's
2-38     records archive.  After a public hearing, the plan shall be
2-39     considered for approval by the commissioners court.  Funds from the
2-40     records archive account may be expended only as provided by the
2-41     plan.  All expenditures from the records archive account shall
2-42     comply with the provisions of Subchapter C, Chapter 262.
2-43           (h)  If a county charges a fee under this section, a notice
2-44     shall be posted in a conspicuous place in the county clerk's
2-45     office.  The notice must state the amount of the fee in the
2-46     following form:  "THE COMMISSIONERS COURT OF _______________ COUNTY
2-47     HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO
2-48     PRESERVE AND RESTORE COUNTY RECORDS."
2-49           (i)  The fee is subject to approval by the commissioners
2-50     court in a public meeting.
2-51           (j)  Any excess funds generated from the collection of a fee
2-52     under this section remaining after completion of a county records
2-53     archive preservation and restoration project may be expended only
2-54     for the purposes described by Section 118.0216.  The commissioners
2-55     court of a county may not order the collection of a fee authorized
2-56     by this section after the county records archive preservation and
2-57     restoration is complete.
2-58           (k)  This section expires September 1, 2006.
2-59           Sec. 118.0218.  COUNTY COURTHOUSE RESTORATION.  (a)  The
2-60     commissioners court of a county, by order, may adopt a county
2-61     courthouse restoration fee under Section 118.011(e).  The fee for
2-62     "County Courthouse Restoration" under Section 118.011(e) is for the
2-63     preservation and restoration of the county courthouse of the county
2-64     in which the fee is collected.
2-65           (b)  The fee must be paid at the time a person, excluding a
2-66     state agency, presents a public document, as defined in Section
2-67     118.0217, to the county clerk for recording or filing.
2-68           (c)  The fee shall be deposited in a separate county
2-69     courthouse restoration account in the general fund of the county.
 3-1           (d)  The funds generated from the collection of a fee under
 3-2     this section may be expended only for the preservation and
 3-3     restoration of the county courthouse.
 3-4           (e)  The commissioners court shall prepare an annual written
 3-5     plan for funding the preservation and restoration of the county
 3-6     courthouse.  After a public hearing, the plan shall be considered
 3-7     for approval by the commissioners court.  Funds from the county
 3-8     courthouse restoration account may be expended only as provided by
 3-9     the plan.  All expenditures from the county courthouse restoration
3-10     account shall comply with the provisions of Subchapter C, Chapter
3-11     262.
3-12           (f)  If a county charges a fee under this section, a notice
3-13     shall be posted in a conspicuous place in the county clerk's
3-14     office.  The notice must state the amount of the fee in the
3-15     following form:  "THE COMMISSIONERS COURT OF _______________ COUNTY
3-16     HAS DETERMINED THAT A COUNTY COURTHOUSE RESTORATION FEE OF
3-17     $________ IS NEEDED TO PRESERVE AND RESTORE THE COUNTY COURTHOUSE."
3-18           (g)  The fee is subject to approval by the commissioners
3-19     court in a public meeting.
3-20           (h)  This section expires September 1, 2006.
3-21           SECTION 5.  (a)  This Act takes effect September 1, 1999.
3-22     The change in law made by this Act applies only to a public
3-23     document, as that term is defined by Section 118.0217, Local
3-24     Government Code, as added by this Act, that is presented for filing
3-25     on or after September 1, 1999.
3-26           (b)  A public document, as that term is defined by Section
3-27     118.0217, Local Government Code, as added by this Act, that is
3-28     presented for filing before September 1, 1999, is governed by the
3-29     law in effect when the document was presented, and the former law
3-30     continues in effect for that purpose.
3-31           SECTION 6.  The importance of this legislation and the
3-32     crowded condition of the calendars in both houses create an
3-33     emergency and an imperative public necessity that the
3-34     constitutional rule requiring bills to be read on three several
3-35     days in each house be suspended, and this rule is hereby suspended.
3-36                                  * * * * *