79R7309 RMB-D

By:  Madla                                                        S.B. No. 1432



A BILL TO BE ENTITLED

AN ACT

relating to the records management and preservation services fee.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 102.005, Code of Criminal Procedure, is 
amended by amending Subsection (f) and adding Subsections (g) and 
(h) 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 $30 [$20] 
for records management and preservation services performed by the 
county as required by Chapter 203, Local Government Code.  The fee 
shall be collected and distributed by the clerk of the court to the 
county treasurer, or to an official who discharges the duties 
commonly delegated to the county treasurer, for deposit as follows:
		(1)  $25 to the county records management and 
preservation fund for records management and preservation, 
including automation, in various county offices; and
		(2)  $5 to the records management and preservation fund 
of the clerk of the court for records management and preservation 
services performed by the clerk of the court when a case or document 
specified by Section 51.317, Government Code, is filed in the 
records office of the clerk [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].
	(g)  A fee deposited in accordance with Subsection (f) 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 as provided by Chapter 111, Local 
Government Code.
	(h)  An expenditure from a records management and 
preservation fund must comply with Subchapter C, Chapter 262, Local 
Government Code.
	SECTION 2.  Section 51.317(c), Government Code, is amended 
to read as follows:
	(c)  The district clerk, after collecting a fee under 
Subsection (b)(4), shall pay the fee to the county treasurer, or to 
an official who discharges the duties commonly delegated to the 
county treasurer, for deposit as follows:
		(1)  $5 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 when [after] a case or document is 
filed in the records office of the district clerk.
	SECTION 3.  Section 102.041, Government Code, is amended to 
read as follows: 
	Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN 
DISTRICT COURT.  The clerk of a district court shall collect fees 
and costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $30 [$20];
		(4)  a security fee on a felony offense (Art. 102.017, 
Code of Criminal Procedure) . . . $5;
		(5)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(6)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5; and
		(7)  a court cost on conviction in Comal County (Sec. 
152.0522, Human Resources Code) . . . $4.
	SECTION 4.  Section 102.061, Government Code, is amended to 
read as follows: 
	Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN 
STATUTORY COUNTY COURT.  The clerk of a statutory county court shall 
collect fees and costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for services of the clerk of the court (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $30 [$20];
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3;
		(5)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5; and
		(6)  a court cost on conviction in Comal County (Sec. 
152.0522, Human Resources Code) . . . $4.
	SECTION 5.  Section 102.081, Government Code, is amended to 
read as follows: 
	Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN 
COUNTY COURT.  The clerk of a county court shall collect fees and 
costs on conviction of a defendant as follows:
		(1)  a jury fee (Art. 102.004, Code of Criminal 
Procedure) . . . $20;       
		(2)  a fee for clerk of the court services (Art. 
102.005, Code of Criminal Procedure) . . . $40;
		(3)  a records management and preservation services fee 
(Art. 102.005, Code of Criminal Procedure) . . . $30 [$20];
		(4)  a security fee on a misdemeanor offense (Art. 
102.017, Code of Criminal Procedure) . . . $3; and
		(5)  a graffiti eradication fee (Art. 102.0171, Code of 
Criminal Procedure) . . . $5.
	SECTION 6.  The changes in law made by this Act apply only to 
a fee that becomes 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 when the fee became payable, 
and that law is continued in effect for that purpose.
	SECTION 7.  This Act takes effect September 1, 2005.