C.S.H.B. 1905 78(R)    BILL ANALYSIS


C.S.H.B. 1905
By: Farrar
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, district clerks collect a $5 fee for the records management and
preservation fund among other civil filing fees.  This money is not
sufficient for the records management needs of the district clerks.   

C.S.H.B. 1905 increases this fee to $10 and allocates $5 of this amount to
the district clerk records management and preservation fund and $5 to the
county records management and preservation fund.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 1905 amends the Government Code to raise the records management
and preservation fund fee collected by the district clerk to $10, for
deposit as follows:  1) $5 to the county records management and
preservation fund; and 2) $5 to the district clerk records management and
preservation fund.   

The bill also provides that this $10 fee may be used only to provide funds
for specific records management and preservation, including for automation
purposes, on approval by the commissioners court of a budget of income and
proposed expenditures, and that an expenditure from a records management
and preservation fund must comply with Subchapter C, Chapter 262, Local
Government Code.  

EFFECTIVE DATE

September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute raises the records management and preservation fee from $5
to $10, and allocates the fund between the district clerk records
management and preservation fund and the county records management and
preservation fund.   

The substitute also requires that the fee deposited in accordance with the
bill may be used only on approval by the commissioners court of a budget
of income and proposed expenditures, and that an expenditure from a
records management and preservation fund must comply with Subchapter C,
Chapter 262, Local Government Code.