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A BILL TO BE ENTITLED
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AN ACT
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relating to the use by a county of certain fees for the management, |
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protection, and preservation of records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 118.0216(d), Local Government Code, is |
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amended to read as follows: |
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(d) The fee may be used only to provide funds for specific |
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records management and preservation, including: |
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(1) for automation purposes; and |
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(2) in a county with a population of more than 2.2 |
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million that is adjacent to a county with a population of more than |
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1.4 million, for prevention of identity theft by redacting |
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information in a record, as authorized or required by law. |
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SECTION 2. Section 118.025(a), Local Government Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "Protection" means any process of redacting |
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information in a public document for the prevention of identity |
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theft, as authorized or required by law. |
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SECTION 3. Sections 118.025(b), (e), (g), (h), and (j), |
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Local Government Code, are amended to read as follows: |
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(b) The commissioners court of a county may adopt a records |
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archive fee under Section 118.011(f) as part of the county's annual |
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budget. The fee must be set and itemized in the county's budget as |
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part of the budget preparation process. The fee for "Records |
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Archive" under Section 118.011(f) is for the preservation, [and] |
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restoration, and, if applicable, protection services performed by |
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the county clerk in connection with maintaining a county clerk's |
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records archive. |
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(e) The funds generated from the collection of a fee under |
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this section may be expended only for the preservation, [and] |
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restoration, and, if applicable, protection of the county clerk's |
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records archive. The county clerk shall designate the public |
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documents that are part of the records archive for purposes of this |
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section. The designation of public documents by the county clerk |
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under this subsection is subject to approval by the commissioners |
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court in a public meeting. |
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(g) The county clerk shall prepare an annual written plan |
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for funding the preservation, [and] restoration, and, if |
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applicable, protection of the county clerk's records archive. The |
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commissioners court shall publish notice of a public hearing on the |
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plan in a newspaper of general circulation in the county not later |
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than the 15th day before the date of the hearing. After the public |
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hearing, the plan shall be considered for approval by the |
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commissioners court. Funds from the records archive account may be |
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expended only as provided by the plan. All expenditures from the |
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records archive account shall comply with Subchapter C, Chapter |
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262. |
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(h) If a county charges a fee under this section, a notice |
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shall be posted in a conspicuous place in the county clerk's office. |
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The notice must state the amount of the fee in the following form: |
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"THE COMMISSIONERS COURT OF _______________ COUNTY HAS DETERMINED |
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THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO ________ |
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(preserve and restore, or preserve, restore, and protect, as |
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applicable) [PRESERVE AND RESTORE] COUNTY RECORDS." |
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(j) Any excess funds generated from the collection of a fee |
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under this section remaining after completion of a county records |
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archive preservation, [and] restoration, and, if applicable, |
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protection project may be expended only for the purposes described |
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by Section 118.0216. The commissioners court of a county may not |
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order the collection of a fee authorized by this section after the |
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county records archive preservation, [and] restoration, and, if |
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applicable, protection are [is] complete. |
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SECTION 4. Section 118.0546, Local Government Code, is |
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amended by amending Subsection (d) and adding Subsection (e) to |
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read as follows: |
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(d) The fee shall be used only for records management and |
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preservation purposes in the county or as provided by Subsection |
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(e). No expenditure may be made from this fund without prior |
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approval of the commissioners court. |
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(e) In a county with a population of more than 2.2 million |
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that is adjacent to a county with a population of more than 1.4 |
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million, the fee may be used for the prevention of identity theft by |
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redacting information in a record as authorized or required by law. |
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SECTION 5. Section 118.0645, Local Government Code, is |
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amended by amending Subsection (d) and adding Subsection (e) to |
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read as follows: |
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(d) The fee shall be used only for records management and |
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preservation purposes in the county as required by Chapter 203 or as |
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provided by Subsection (e). No expenditure may be made from this |
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fund without prior approval of the commissioners court. |
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(e) In a county with a population of more than 2.2 million |
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that is adjacent to a county with a population of more than 1.4 |
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million, the fee may be used for the prevention of identity theft by |
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redacting information in a record as authorized or required by law. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |