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79R7194 MXM-F
By: Phillips H.B. No. 2697
A BILL TO BE ENTITLED
AN ACT
relating to the preservation of Texas historical resources and
historical government records; imposing fees; making an
appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 441, Government Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. TEXAS HISTORICAL GOVERNMENT RECORDS PRESERVATION
ACCOUNT
Sec. 441.261. TEXAS HISTORICAL GOVERNMENT RECORDS
PRESERVATION ACCOUNT. (a) The Texas historical government records
preservation account is an account in the general revenue fund and
to be administered by the commission for the purposes stated in this
subchapter.
(b) The amount of $2.50 of each fee paid for the first page
of a real property records filing under Section 118.011, Local
Government Code, must be deposited to the credit of the account.
Sec. 441.262. HISTORICAL GOVERNMENT RECORDS. For purposes
of this subchapter, historical government records include:
(1) any local government record with a retention
period established as permanent or for which a review for possible
historical value is required in a local government records
retention schedule issued under Section 441.158; and
(2) any state record identified as an archival state
record or subject to review as a potential archival state record by
the state archivist under Section 441.186.
Sec. 441.263. TEXAS HISTORICAL GOVERNMENT RECORDS
PRESERVATION GRANTS. (a) The commission shall establish a program
of state grants to counties, municipalities, other local
governmental entities, and state governmental entities to preserve
the historically valuable records of the governments of this state.
(b) The commission shall award the grants to enable grant
recipients to:
(1) preserve, repair, restore, manage, and provide
public access to historical government records in the custody of
the recipient; and
(2) establish or enhance efficient records management
programs to ensure that current records of historical value or
potential historical value in the custody of the recipient are
identified, managed, and preserved.
(c) The commission shall adopt any necessary rules for the
administration of the grant program, including rules relating to
eligibility for and the terms of grants awarded under this section.
(d) The commission shall approve the award of grants made
under this section in open meetings in accordance with Chapter 551.
(e) The commission shall determine the amount of the account
to be used for the award of grants under this section, but the
amount may not be less than 65 percent of the account in any
appropriation year, subject to appropriations.
Sec. 441.264. STATE ARCHIVES. (a) The commission shall use
a portion of the account to preserve, repair, restore, manage, and
provide access to the historical government records in the custody
of the commission, including records in any regional historical
resource depository established by agreement under Section 441.153
or in any regional research center established and operated by the
commission under Section 441.154.
(b) The commission shall determine the amount of the account
to be used for activities under this section, subject to
appropriations.
Sec. 441.265. EMERGENCY DISASTER RECOVERY GRANTS. (a) The
commission shall reserve an amount of the account, subject to
appropriations, for making emergency grants to local governments to
assist them in the recovery of records damaged by fire, flood, or
other natural or manmade disaster.
(b) The commission shall adopt any necessary rules for the
administration of emergency disaster recovery grants, including
rules relating to eligibility for and the terms and conditions of an
emergency grant.
(c) The commission shall determine the amount of the account
to be used for emergency disaster recovery grants under this
section, subject to appropriations.
Sec. 441.266. OTHER USES OF ACCOUNT. (a) The commission
shall reserve an amount of the account, subject to appropriations,
to:
(1) provide training in archival and records
management principles and practices to local government officials;
(2) provide advanced training in the preservation of
electronic records of historical value;
(3) provide funding for other projects determined by
the commission to be of benefit in the preservation of historical
government records; and
(4) pay for personnel and administrative expenses
incurred by the commission associated with grants, programs, and
other activities under this subchapter.
(b) The commission shall determine the amount of the account
to be used for programs and activities under this section, subject
to appropriations.
Sec. 441.267. ADVISORY COMMITTEES. The local government
records committee established under Section 441.161, and the Texas
Historical Records Advisory Board established under Section
441.242, shall advise the commission in its adoption of rules under
Sections 441.263 and 441.265.
SECTION 2. Section 118.011(a), Local Government Code, is
amended to read as follows:
(a) A county clerk shall collect the following fees for
services rendered to any person:
(1) Personal Property Records Filing (Sec.
118.012)$ 2.00
(2) Real Property Records Filing (Sec. 118.013):
for the first page $5.50 [$3.00]
for each additional page or part of a page on which
there are visible marks of any kind$ 2.00
for all or part of each 8-1/2" X 14" attachment or
rider$ 2.00
for each name in excess of five names that has to
be indexed in all records in which the document must be
indexed$ 0.25
(3) Certified Papers (Sec. 118.014):
for the clerk's certificate $ 5.00
plus a fee for each page or part of a page $ 1.00
(4) Noncertified Papers (Sec. 118.0145):
for each page or part of a page $ 1.00
(5) Birth or Death Certificate (Sec.
118.015)same as state registrar
(6) Bond Approval (Sec. 118.016) $ 3.00
(7) Marriage License (Sec. 118.018) $30.00
(8) Declaration of Informal Marriage (Sec.
118.019)$25.00
(9) Brand Registration (Sec. 118.020) $ 5.00
(10) Oath Administration (Sec. 118.021) $ 1.00
SECTION 3. Subchapter B, Chapter 118, Local Government
Code, is amended by adding Section 118.026 to read as follows:
Sec. 118.026. DISPOSITION OF REAL PROPERTY FILING FEES. (a)
The county clerk shall forward $2.50 of each fee collected for the
filing of the first page of a real property document under Section
118.011(a)(2) to the comptroller for deposit as provided by
Subsection (b).
(b) The comptroller shall deposit the money received under
this section to the credit of the Texas historical government
records preservation account established under Section 441.261,
Government Code.
SECTION 4. Section 133.004, Local Government Code, is
amended to read as follows:
Sec. 133.004. CIVIL FEES. This chapter applies to the
following civil fees:
(1) the consolidated fee on filing in district court
imposed under Section 133.151;
(2) the filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3) the filing fee in courts other than district court
for basic civil legal services for indigents imposed under Section
133.153;
(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
(6) the filing fees for the judicial fund imposed in
certain statutory probate courts under Section 51.704, Government
Code;
(7) fees collected under Section 118.015;
(8) marriage license fees for the family trust fund
collected under Section 118.018; [and]
(9) marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022; and
(10) real property filing fees for the Texas
historical government records preservation account collected under
Section 118.026.
SECTION 5. Section 441.157, Government Code, is repealed.
SECTION 6. The changes in fees made by this Act apply only
to a fee that became payable on or after the effective date of this
Act. A fee that became payable before the effective date of this Act
is governed by the law in effect at the time the fee became payable,
and that law is continued in effect for that purpose only.
SECTION 7. (a) Revenue in the Texas historical government
records preservation account collected in the fiscal year beginning
September 1, 2005, is appropriated to the Texas State Library and
Archives Commission for the fiscal year ending August 31, 2006.
(b) Any revenue remaining in the Texas historical
government records preservation account on August 31, 2006, is
reappropriated for use by the Texas State Library and Archives
Commission for the fiscal year beginning September 1, 2006.
(c) The requirement of Section 441.263(e), Government Code,
that at least 65 percent of the Texas historical government records
preservation account be expended on grants, does not apply to the
fiscal year beginning September 1, 2005.
(d) The Texas State Library and Archives Commission is
authorized to employ eight full-time employees in addition to the
number of full-time employees allocated to the commission by the
legislature on the effective date of this Act to implement and
administer the grant program and other programs and activities
authorized by Subchapter O, Chapter 441, Government Code, as added
by this Act.
SECTION 8. This Act takes effect September 1, 2005.