1-1                                   AN ACT
 1-2     relating to the fees imposed by certain counties for the
 1-3     preservation, restoration, and management of certain county
 1-4     records.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. (a)  The legislature finds that the deterioration
 1-7     of public documents in the offices of the county clerks constitutes
 1-8     a threat to the integrity and reliability of the existing system
 1-9     for preserving public documents.
1-10           (b)  The purpose of this Act is to impose a fee for filing
1-11     public documents in the offices of the county clerks of counties
1-12     adjacent to an international boundary beginning September 1, 2001,
1-13     and ending September 1, 2008, to provide funds that will be used to
1-14     preserve existing public documents filed in the offices of the
1-15     county clerks of counties adjacent to an international boundary.
1-16           SECTION 2. Section 118.011, Local Government Code, is amended
1-17     by adding Subsections (e) and (f) to read as follows:
1-18           (e)  The county clerk of a county adjacent to an
1-19     international boundary shall, if the commissioners court of the
1-20     county adopts the fee as part of the county's annual budget,
1-21     collect the following fee from any person:
1-22                 Records Archive Fee
1-23                      (Sec. 118.025) .................. not more than $5
1-24           (f)  This subsection and Subsection (e) expire on September
 2-1     1, 2008.
 2-2           SECTION 3. Section 118.0216, Local Government Code, is
 2-3     amended to read as follows:
 2-4           Sec. 118.0216.  RECORDS MANAGEMENT AND PRESERVATION. (a)  The
 2-5     fee for "Records Management and Preservation" under Section 118.011
 2-6     is for the records management and preservation services performed
 2-7     by the county clerk after the filing and recording of a document in
 2-8     the records of the office of the clerk.
 2-9           (b)  The fee must be paid at the time of the filing of the
2-10     document.
2-11           (c)  In a county that is adjacent to an international
2-12     boundary, the fee shall be deposited in a separate records
2-13     management and preservation account in the general fund of the
2-14     county.
2-15           (d)  The fee may be used only to provide funds for specific
2-16     records management and preservation, including for [and] automation
2-17     purposes [projects].
2-18           (e)  In a county that is adjacent to an international
2-19     boundary, the county clerk shall prepare an annual written plan for
2-20     funding the automation projects and records management and
2-21     preservation services performed by the clerk.  After a public
2-22     hearing, the plan shall be considered for approval by the
2-23     commissioners court.  Funds from the records management and
2-24     preservation account may be expended only as provided by the plan.
2-25     All expenditures from the records management and preservation
2-26     account shall comply with Subchapter C, Chapter 262.
2-27           SECTION 4. Subchapter B, Chapter 118, Local Government Code,
 3-1     is amended by adding Section 118.025 to read as follows:
 3-2           Sec. 118.025.  RECORDS ARCHIVE IN BORDER COUNTY. (a)  In this
 3-3     section:
 3-4                 (1)  "Deterioration" means any naturally occurring
 3-5     process or a natural disaster that results in the destruction or
 3-6     partial destruction of a public document.
 3-7                 (2)  "Preservation" means any process that:
 3-8                       (A)  suspends or reduces the deterioration of
 3-9     public documents; or
3-10                       (B)  provides public access to the public
3-11     documents in a manner that reduces the risk of deterioration,
3-12     excluding providing public access to public documents indexed
3-13     geographically.
3-14                 (3)  "Public document" means any instrument, document,
3-15     paper, or other record that the county clerk is authorized to
3-16     accept for filing or maintaining.
3-17                 (4)  "Records archive" means public documents filed
3-18     with the county clerk before January 1, 1990.
3-19                 (5)  "Restoration" means any process that permits the
3-20     visual enhancement of a public document, including making the
3-21     document more legible.
3-22           (b)  The commissioners court of a county that is adjacent to
3-23     an international boundary may adopt a records archive fee under
3-24     Section 118.011(e) as part of the county's annual budget.  The fee
3-25     must be set and itemized in the county's budget as part of the
3-26     budget preparation process.  The fee for "Records Archive" under
3-27     Section 118.011(e) is for the preservation and restoration services
 4-1     performed by the county clerk in connection with maintaining a
 4-2     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.  The commissioners court shall publish notice of a
4-18     public hearing on the plan in a newspaper of general circulation in
4-19     the county not later than the 15th day before the date of the
4-20     hearing.  After the public hearing, the plan shall be considered
4-21     for approval by the commissioners court.  Funds from the records
4-22     archive account may be expended only as provided by the plan.  All
4-23     expenditures from the records archive account shall comply with
4-24     Subchapter C, Chapter 262.
4-25           (h)  If a county charges a fee under this section, a notice
4-26     shall be posted in a conspicuous place in the county clerk's
4-27     office.  The notice must state the amount of the fee in the
 5-1     following form:  "THE COMMISSIONERS COURT OF _______________ COUNTY
 5-2     HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO
 5-3     PRESERVE AND RESTORE COUNTY RECORDS."
 5-4           (i)  The fee is subject to approval by the commissioners
 5-5     court in a public meeting.
 5-6           (j)  Any excess funds generated from the collection of a fee
 5-7     under this section remaining after completion of a county records
 5-8     archive preservation and restoration project may be expended only
 5-9     for the purposes described by Section 118.0216.  The commissioners
5-10     court of a county may not order the collection of a fee authorized
5-11     by this section after the county records archive preservation and
5-12     restoration is complete.
5-13           (k)  This section expires September 1, 2008.
5-14           SECTION 5. (a)  This Act takes effect September 1, 2001.  The
5-15     change in law made by Section 118.025, Local Government Code, as
5-16     added by this Act, applies only to a public document, as that term
5-17     is defined by Section 118.025, Local Government Code, as added by
5-18     this Act, that is presented for filing on or after September 1,
5-19     2001.
5-20           (b)  A public document, as that term is defined by Section
5-21     118.025, Local Government Code, as added by this Act, that is
5-22     presented for filing before September 1, 2001, is governed by the
5-23     law in effect when the document was presented, and the former law
5-24     continues in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 370 was passed by the House on May 3,
         2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 370 was passed by the Senate on May
         22, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor