BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 526

79R4338 PAM-D                                                                                                          By: Hinojosa

Intergovernmental Relations

3/17/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

The 77^th Legislature, Regular Session, 2001, amended Chapter 118, Local Government Code, to authorize the commissioners court of a county adjacent to an international border to adopt a records archive fee of not more than $5 for the preservation, restoration, and maintenance of certain county records in the care of the county clerk.  The 78^th Legislature, Regular Session, 2003, amended Chapter 118 to allow all counties to adopt a records archive fee.   As proposed, S.B. 526 directs the county clerk to designate the public documents that are part of the records archive, subject to the approval of the commissioners court.  S.B. 526 also removes the sunset provision related to the records archive fee in Sections 118.011(g) and 118.025(k), Local Government Code.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 118.025(e), Local Government Code, to require the county clerk to designate the public documents that are part of the records archive for purposes of this section.  Provides that the designation of public documents by the county clerk under this subsection is subject to approval by the commissioners court in a public meeting.

SECTION 2.  Repealer: Sections 118.011(g) (Fee Schedule) and 118.025(a)(4) and (k), (County Clerks Records Archive), Local Government Code.

SECTION 3.  Effective date:  upon passage or September 1, 2005.