1-1     By:  Hinojosa (Senate Sponsor - Lucio)                 H.B. No. 370
 1-2           (In the Senate - Received from the House May 4, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 11, 2001, reported favorably by
 1-5     the following vote:  Yeas 5, Nays 0; May 11, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the fees imposed by certain counties for the
1-10     preservation, restoration, and management of certain county
1-11     records.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. (a)  The legislature finds that the deterioration
1-14     of public documents in the offices of the county clerks constitutes
1-15     a threat to the integrity and reliability of the existing system
1-16     for preserving public documents.
1-17           (b)  The purpose of this Act is to impose a fee for filing
1-18     public documents in the offices of the county clerks of counties
1-19     adjacent to an international boundary beginning September 1, 2001,
1-20     and ending September 1, 2008, to provide funds that will be used to
1-21     preserve existing public documents filed in the offices of the
1-22     county clerks of counties adjacent to an international boundary.
1-23           SECTION 2. Section 118.011, Local Government Code, is amended
1-24     by adding Subsections (e) and (f) to read as follows:
1-25           (e)  The county clerk of a county adjacent to an
1-26     international boundary shall, if the commissioners court of the
1-27     county adopts the fee as part of the county's annual budget,
1-28     collect the following fee from any person:
1-29                 Records Archive Fee
1-30                      (Sec. 118.025) .................. not more than $5
1-31           (f)  This subsection and Subsection (e) expire on September
1-32     1, 2008.
1-33           SECTION 3. Section 118.0216, Local Government Code, is
1-34     amended to read as follows:
1-35           Sec. 118.0216.  RECORDS MANAGEMENT AND PRESERVATION. (a)  The
1-36     fee for "Records Management and Preservation" under Section 118.011
1-37     is for the records management and preservation services performed
1-38     by the county clerk after the filing and recording of a document in
1-39     the records of the office of the clerk.
1-40           (b)  The fee must be paid at the time of the filing of the
1-41     document.
1-42           (c)  In a county that is adjacent to an international
1-43     boundary, the fee shall be deposited in a separate records
1-44     management and preservation account in the general fund of the
1-45     county.
1-46           (d)  The fee may be used only to provide funds for specific
1-47     records management and preservation, including for [and] automation
1-48     purposes [projects].
1-49           (e)  In a county that is adjacent to an international
1-50     boundary, the county clerk shall prepare an annual written plan for
1-51     funding the automation projects and records management and
1-52     preservation services performed by the clerk.  After a public
1-53     hearing, the plan shall be considered for approval by the
1-54     commissioners court.  Funds from the records management and
1-55     preservation account may be expended only as provided by the plan.
1-56     All expenditures from the records management and preservation
1-57     account shall comply with Subchapter C, Chapter 262.
1-58           SECTION 4. Subchapter B, Chapter 118, Local Government Code,
1-59     is amended by adding Section 118.025 to read as follows:
1-60           Sec. 118.025.  RECORDS ARCHIVE IN BORDER COUNTY. (a)  In this
1-61     section:
1-62                 (1)  "Deterioration" means any naturally occurring
1-63     process or a natural disaster that results in the destruction or
1-64     partial destruction of a public document.
 2-1                 (2)  "Preservation" means any process that:
 2-2                       (A)  suspends or reduces the deterioration of
 2-3     public documents; or
 2-4                       (B)  provides public access to the public
 2-5     documents in a manner that reduces the risk of deterioration,
 2-6     excluding providing public access to public documents indexed
 2-7     geographically.
 2-8                 (3)  "Public document" means any instrument, document,
 2-9     paper, or other record that the county clerk is authorized to
2-10     accept for filing or maintaining.
2-11                 (4)  "Records archive" means public documents filed
2-12     with the county clerk before January 1, 1990.
2-13                 (5)  "Restoration" means any process that permits the
2-14     visual enhancement of a public document, including making the
2-15     document more legible.
2-16           (b)  The commissioners court of a county that is adjacent to
2-17     an international boundary may adopt a records archive fee under
2-18     Section 118.011(e) as part of the county's annual budget.  The fee
2-19     must be set and itemized in the county's budget as part of the
2-20     budget preparation process.  The fee for "Records Archive" under
2-21     Section 118.011(e) is for the preservation and restoration services
2-22     performed by the county clerk in connection with maintaining a
2-23     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.  The commissioners court shall publish notice of a
2-39     public hearing on the plan in a newspaper of general circulation in
2-40     the county not later than the 15th day before the date of the
2-41     hearing.  After the public hearing, the plan shall be considered
2-42     for approval by the commissioners court.  Funds from the records
2-43     archive account may be expended only as provided by the plan.  All
2-44     expenditures from the records archive account shall comply with
2-45     Subchapter C, Chapter 262.
2-46           (h)  If a county charges a fee under this section, a notice
2-47     shall be posted in a conspicuous place in the county clerk's
2-48     office.  The notice must state the amount of the fee in the
2-49     following form:  "THE COMMISSIONERS COURT OF _______________ COUNTY
2-50     HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO
2-51     PRESERVE AND RESTORE COUNTY RECORDS."
2-52           (i)  The fee is subject to approval by the commissioners
2-53     court in a public meeting.
2-54           (j)  Any excess funds generated from the collection of a fee
2-55     under this section remaining after completion of a county records
2-56     archive preservation and restoration project may be expended only
2-57     for the purposes described by Section 118.0216.  The commissioners
2-58     court of a county may not order the collection of a fee authorized
2-59     by this section after the county records archive preservation and
2-60     restoration is complete.
2-61           (k)  This section expires September 1, 2008.
2-62           SECTION 5. (a)  This Act takes effect September 1, 2001.  The
2-63     change in law made by Section 118.025, Local Government Code, as
2-64     added by this Act, applies only to a public document, as that term
2-65     is defined by Section 118.025, Local Government Code, as added by
2-66     this Act, that is presented for filing on or after September 1,
2-67     2001.
2-68           (b)  A public document, as that term is defined by Section
2-69     118.025, Local Government Code, as added by this Act, that is
 3-1     presented for filing before September 1, 2001, is governed by the
 3-2     law in effect when the document was presented, and the former law
 3-3     continues in effect for that purpose.
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