Amend CSHB 28 (Senate committee printing) by inserting the
following new ARTICLE, appropriately numbered, and renumbering the
subsequent ARTICLES accordingly:
ARTICLE ____. RECORDS MANAGEMENT AND
PRESERVATION FEE
SECTION __.01. Section 102.005, Code of Criminal Procedure,
is amended by amending Subsection (f) and adding Subsections
(g)-(j) to read as follows:
(f) A defendant convicted of an offense in a county court, a
county court at law, or a district court shall pay a fee of $20 for
records management and preservation services performed by the
county as required by Chapter 203, Local Government Code.
(g) Except as provided by Subsection (h), the clerks of the
respective courts shall collect the fee required by Subsection (f)
and pay it to the county treasurer, or to any other official who
discharges the duties commonly delegated to the county treasurer,
for deposit in a fund to be known as the county records management
and preservation fund.
(h) A district clerk shall collect the fee required by
Subsection (f) and pay it to the county treasurer, or to any other
official who discharges the duties commonly delegated to the county
treasurer, for deposit as follows:
(1) $15 to the county records management and
preservation fund for records management and preservation,
including automation, in various county offices; and
(2) $5 to the district clerk records management and
preservation fund for records management and preservation services
performed by the district clerk after a document is filed in the
records office of the district clerk.
(i) A fund designated by Subsection (g) may be used only to
finance items used for specific records management and
preservation, including for automation purposes, on approval by the
commissioners court of a budget as provided by Chapter 111, Local
Government Code.
(j) An expenditure from a records management and
preservation fund must comply with Subchapter C, Chapter 262, Local
Government Code [The fee shall be collected and distributed by the
clerk of the court in the same manner as fees are collected and
distributed under Section 51.317(c), Government Code. The fee
received by a county shall be placed in a special fund to be called
the records management and preservation fund. The fee shall be used
only for records management and preservation purposes in the county
as required by Chapter 203, Local Government Code. No expenditures
may be made from this fund without prior approval of the
commissioners court].
SECTION __.02. This article takes effect February 1, 2004.