80R17738 ATP-D

By: Goolsby H.B. No. 1222

Substitute the following for H.B. No. 1222:

By: Paxton C.S.H.B. No. 1222

A BILL TO BE ENTITLED

AN ACT

relating to the use by a county of certain fees for the management, protection, and preservation of records.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 118.0216(d), Local Government Code, is amended to read as follows:

(d) The fee may be used only to provide funds for specific records management and preservation, including:

(1) for automation purposes; and

(2) in a county with a population of more than 2.2 million that is adjacent to a county with a population of more than 1.4 million, for prevention of identity theft by redacting information in a record, as authorized or required by law.

SECTION 2. Section 118.025(a), Local Government Code, is amended by adding Subdivision (4) to read as follows:

(4) "Protection" means any process of redacting information in a public document for the prevention of identity theft, as authorized or required by law.

SECTION 3. Sections 118.025(b), (e), (g), (h), and (j), Local Government Code, are amended to read as follows:

(b) The commissioners court of a county may adopt a records archive fee under Section 118.011(f) as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. The fee for "Records Archive" under Section 118.011(f) is for the preservation, [and] restoration, and, if applicable, protection services performed by the county clerk in connection with maintaining a county clerk's records archive.

(e) The funds generated from the collection of a fee under this section may be expended only for the preservation, [and] restoration, and, if applicable, protection of the county clerk's records archive. The county clerk shall designate the public documents that are part of the records archive for purposes of this section. The designation of public documents by the county clerk under this subsection is subject to approval by the commissioners court in a public meeting.

(g) The county clerk shall prepare an annual written plan for funding the preservation, [and] restoration, and, if applicable, protection of the county clerk's records archive. The commissioners court shall publish notice of a public hearing on the plan in a newspaper of general circulation in the county not later than the 15th day before the date of the hearing. After the public hearing, the plan shall be considered for approval by the commissioners court. Funds from the records archive account may be expended only as provided by the plan. All expenditures from the records archive account shall comply with Subchapter C, Chapter 262.

(h) If a county charges a fee under this section, a notice shall be posted in a conspicuous place in the county clerk's office. The notice must state the amount of the fee in the following form: "THE COMMISSIONERS COURT OF _______________ COUNTY HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO ________ (preserve and restore, or preserve, restore, and protect, as applicable) [PRESERVE AND RESTORE] COUNTY RECORDS."

(j) Any excess funds generated from the collection of a fee under this section remaining after completion of a county records archive preservation, [and] restoration, and, if applicable, protection project may be expended only for the purposes described by Section 118.0216. The commissioners court of a county may not order the collection of a fee authorized by this section after the county records archive preservation, [and] restoration, and, if applicable, protection are [is] complete.

SECTION 4. Section 118.0546, Local Government Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(d) The fee shall be used only for records management and preservation purposes in the county or as provided by Subsection (e). No expenditure may be made from this fund without prior approval of the commissioners court.

(e) In a county with a population of more than 2.2 million that is adjacent to a county with a population of more than 1.4 million, the fee may be used for the prevention of identity theft by redacting information in a record as authorized or required by law.

SECTION 5. Section 118.0645, Local Government Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(d) The fee shall be used only for records management and preservation purposes in the county as required by Chapter 203 or as provided by Subsection (e). No expenditure may be made from this fund without prior approval of the commissioners court.

(e) In a county with a population of more than 2.2 million that is adjacent to a county with a population of more than 1.4 million, the fee may be used for the prevention of identity theft by redacting information in a record as authorized or required by law.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.