Austin, Texas
April 25, 2003

Honorable Frank Madla, Chair, Senate Committee on Intergovernmental Relations
John Keel, Director, Legislative Budget Board
SB1731 by Gallegos (Relating to fees imposed by certain counties for the preservation, restoration, and management of certain county records.), As Introduced

No fiscal implication to the State is anticipated.

The bill would authorize a county commissioners court to adopt a records archive fee as part of the county's annual budget. The county clerk in a county where the county commissioners court adopts the collection of a fee for records archival would be required to collect not more than $5 as the fee. The bill would take effect September 1, 2003.

Under current statute, only the county clerk in a county adjacent to an international boundary may collect a records archive fee. The provisions of the bill would remove the limitation and authorize all county commissioners courts to adopt a records archive fee.

If a county were to implement the provisions of the bill and charge a fee of no more than $5, the county would experience a revenue gain. For example, if Harris County were to charge the maximum $5 fee, the county would have experienced a revenue gain of approximately $4.7 million between March 2002 and February 2003 when it processed 934,713 applicable filings. Tarrant County estimates an annual revenue gain of between $1.8 million and $2.0 million if it were to implement the fee and set it at the maximum of $5.

Local Government Impact

If a county were to implement the records archive fee, even at a minimum amount, there would be a revenue gain. The gain per county would vary depending on the number of applicable records filed and the amount at which the commissioners court would choose to set the fee.

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