By Hinojosa                                            H.B. No. 370
         77R648 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the fees imposed for the preservation, restoration, and
 1-3     management of certain county records.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. (a)  The legislature finds that the deterioration
 1-6     of public documents in the offices of the county clerks constitutes
 1-7     a threat to the integrity and reliability of the existing system
 1-8     for preserving public documents.
 1-9           (b)  The purpose of this Act is to impose a fee for filing
1-10     public documents in the offices of the county clerks beginning
1-11     September 1, 2001, and ending September 1, 2008, to provide funds
1-12     that will be used to preserve existing public documents filed in
1-13     the offices of the county clerks.
1-14           SECTION 2. Section 118.011, Local Government Code, is amended
1-15     by adding Subsections (e) and (f) to read as follows:
1-16           (e)  The county clerk shall, if the commissioners court of
1-17     the county adopts an order establishing the amount of the fee,
1-18     collect the following fee from any person:
1-19                 Records Archive Fee
1-20                      (Sec. 118.025) .................. not more than $5
1-21           (f)  This subsection and Subsection (e) expire on September
1-22     1, 2008.
1-23           SECTION 3. Section 118.0216, Local Government Code, is
1-24     amended to read as follows:
 2-1           Sec. 118.0216.  RECORDS MANAGEMENT AND PRESERVATION. (a)  The
 2-2     fee for "Records Management and Preservation" under Section 118.011
 2-3     is for the records management and preservation services performed
 2-4     by the county clerk after the filing and recording of a document in
 2-5     the records of the office of the clerk.
 2-6           (b)  The fee must be paid at the time of the filing of the
 2-7     document.
 2-8           (c)  The fee shall be deposited in a separate records
 2-9     management and preservation account in the general fund of the
2-10     county.
2-11           (d)  The fee may be used only to provide funds for specific
2-12     records management and preservation, including [and] automation
2-13     purposes [projects].
2-14           (e)  The county clerk shall prepare an annual written plan
2-15     for funding the automation projects and records management and
2-16     preservation services performed by the clerk.  After a public
2-17     hearing, the plan shall be considered for approval by the
2-18     commissioners court.  Funds from the records management and
2-19     preservation account may be expended only as provided by the plan.
2-20     All expenditures from the records management and preservation
2-21     account shall comply with Subchapter C, Chapter 262.
2-22           SECTION 4. Subchapter B, Chapter 118, Local Government Code,
2-23     is amended by adding Section 118.025 to read as follows:
2-24           Sec. 118.025.  RECORDS ARCHIVE. (a)  In this section:
2-25                 (1)  "Deterioration" means any naturally occurring
2-26     process or a natural disaster that results in the destruction or
2-27     partial destruction of a public document.
 3-1                 (2)  "Preservation" means any process that:
 3-2                       (A)  suspends or reduces the deterioration of
 3-3     public documents; or
 3-4                       (B)  provides public access to the public
 3-5     documents in a manner that reduces the risk of deterioration,
 3-6     excluding providing public access to public documents indexed
 3-7     geographically.
 3-8                 (3)  "Public document" means any instrument, document,
 3-9     paper, or other record that the county clerk is authorized to
3-10     accept for filing or maintaining.
3-11                 (4)  "Records archive" means public documents filed
3-12     with the county clerk before January 1, 1990.
3-13                 (5)  "Restoration" means any process that permits the
3-14     visual enhancement of a public document, including making the
3-15     document more legible.
3-16           (b)  The commissioners court of a county, by order, may adopt
3-17     a records archive fee under Section 118.011(e).  The fee for
3-18     "Records Archive" under Section 118.011(e) is for the preservation
3-19     and restoration services performed by the county clerk in
3-20     connection with maintaining a county clerk's records archive.
3-21           (c)  The fee must be paid at the time a person, excluding a
3-22     state agency, presents a public document to the county clerk for
3-23     recording or filing.
3-24           (d)  The fee shall be deposited in a separate records archive
3-25     account in the general fund of the county.
3-26           (e)  The funds generated from the collection of a fee under
3-27     this section may be expended only for the preservation and
 4-1     restoration of the county clerk's records archive.
 4-2           (f)  The funds may not be used to purchase, lease, or develop
 4-3     computer software to geographically index public records, excluding
 4-4     indexing public records by lot and block description as provided by
 4-5     Section 193.009(b)(4).
 4-6           (g)  The county clerk shall prepare an annual written plan
 4-7     for funding the preservation and restoration of the county clerk's
 4-8     records archive.  After a public hearing, the plan shall be
 4-9     considered for approval by the commissioners court.  Funds from the
4-10     records archive account may be expended only as provided by the
4-11     plan.  All expenditures from the records archive account shall
4-12     comply with Subchapter C, Chapter 262.
4-13           (h)  If a county charges a fee under this section, a notice
4-14     shall be posted in a conspicuous place in the county clerk's
4-15     office.  The notice must state the amount of the fee in the
4-16     following form:  "THE COMMISSIONERS COURT OF _______________ COUNTY
4-17     HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO
4-18     PRESERVE AND RESTORE COUNTY RECORDS."
4-19           (i)  The fee is subject to approval by the commissioners
4-20     court in a public meeting.
4-21           (j)  Any excess funds generated from the collection of a fee
4-22     under this section remaining after completion of a county records
4-23     archive preservation and restoration project may be expended only
4-24     for the purposes described by Section 118.0216.  The commissioners
4-25     court of a county may not order the collection of a fee authorized
4-26     by this section after the county records archive preservation and
4-27     restoration is complete.
 5-1           (k)  This section expires September 1, 2008.
 5-2           SECTION 5. (a)  This Act takes effect September 1, 2001.  The
 5-3     change in law made by Section 118.025, Local Government Code, as
 5-4     added by this Act, applies only to a public document, as that term
 5-5     is defined by Section 118.025, Local Government Code, as added by
 5-6     this Act, that is presented for filing on or after September 1,
 5-7     2001.
 5-8           (b)  A public document, as that term is defined by Section
 5-9     118.025, Local Government Code, as added by this Act, that is
5-10     presented for filing before September 1, 2001, is governed by the
5-11     law in effect when the document was presented, and the former law
5-12     continues in effect for that purpose.