SRC-SEW H.B. 370 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 370
77R12569 EBy: Hinojosa (Lucio)
Intergovernmental Relations
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Currently, a number of county records are deteriorating and are in need of
preservation. H.B. 370 provides for a records archive fee not to exceed $5
to be imposed for filing public documents in county clerk offices in
counties adjacent to an international boundary for the purpose of
preserving, restoring, and managing certain county records.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Presents legislative findings.  Provides findings of purpose. 

SECTION 2. Amends Section 118.011, Local Government Code, by adding
Subsections (e) and (f), as follows: 
 
(e)  Requires the county clerk of a county adjacent to an international
boundary, if the commissioners court of the county adopts a records archive
fee as part of the county's annual budget, to collect the fee from any
person. 

  (f)  Provides that this subsection and Subsection (e) expire on September
1, 2008.  
 
SECTION 3. Amends Section 118.0216, Local Government Code, as follows:

Sec. 118.0216.  Requires the fee for "Records Management and Preservation"
under Section 118.011, in a county that is adjacent to an international
boundary, to be deposited in a separate records management and preservation
account in the general fund of the county.  Authorizes the fee to be used
only to provide funds for specific records management and preservation,
including for automation purposes (rather than projects).  Requires the
county clerk, in a county that is adjacent to an international boundary, to
prepare an annual written plan for funding the automation projects and
records management and preservation services performed by the clerk.
Requires the plan, after a public hearing, to be considered for approval by
the commissioners court.  Authorizes funds from the records management and
preservation account to be expended only as provided by the plan.  Requires
all expenditures from the records management and preservation account to
comply with Subchapter C, Chapter 262.  

SECTION 4. Amend Chapter 118B, Local Government Code, by adding Section
118.025, as follows: 
 
Sec. 118.025.  RECORDS ARCHIVE IN BORDER COUNTY. Defines "deterioration,"
"preservation," "public document," "records archive," and "restoration."
Authorizes the commissioners court of a county that is adjacent to an
international boundary to adopt a  records archive fee under Section
118.011(e) as part of the county's annual budget.  Sets forth guidelines
regarding the fee and funds generated from the collection of the fee, a
plan for funding the preservation and restoration of the county clerk's
records archive, funds and expenditures from the records archive account,
notice regarding the charging of the fee, approval by the commissioners
court, and excess funds.  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, 2008.  
 
SECTION 5. Effective date:  September 1, 2001.  Makes application of the
change in law made by Section 118.025, Local Government Code, as added by
this Act, prospective regarding a public document, as that term is defined
by Section 118.025, Local Government Code, as added by this Act, that is
presented for filing on or after September 1, 2001.