Texas 2009 - 81st Regular

Texas Senate Bill SB1685 Compare Versions

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1	1	S.B. No. 1685
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of a district court records technology
6	6	fund.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter D, Chapter 51, Government Code, is
9	9	amended by adding Section 51.305 to read as follows:
10	10	Sec. 51.305. DISTRICT COURT RECORDS TECHNOLOGY FUND.
11	11	(a) In this section:
12	12	(1) "Court document" means any instrument, document,
13	13	paper, or other record that the district clerk is authorized to
14	14	accept for filing or maintenance.
15	15	(2) "Deterioration" means any naturally occurring
16	16	process or a natural disaster that results in the destruction or
17	17	partial destruction of a court document.
18	18	(3) "Preservation" means any process that:
19	19	(A) suspends or reduces the deterioration of a
20	20	court document; or
21	21	(B) provides public access to a court document in
22	22	a manner that reduces the risk of deterioration.
23	23	(4) "Restoration" means any process that permits the
24	24	visual enhancement of a court document, including making the
25	25	document more legible.
26	26	(b) The commissioners court of a county may adopt a district
27	27	court records archive fee of not more than $5 for the filing of a
28	28	suit, including an appeal from an inferior court, or a
29	29	cross-action, counterclaim, intervention, contempt action, motion
30	30	for new trial, or third-party petition, in a district court in the
31	31	county as part of the county's annual budget. The fee must be set
32	32	and itemized in the county's budget as part of the budget
33	33	preparation process and must be approved in a public meeting. The
34	34	fee is for preservation and restoration services performed in
35	35	connection with maintaining a district court records archive.
36	36	(c) The county treasurer, or the official who discharges the
37	37	duties commonly delegated to the county treasurer, in a county that
38	38	adopts a fee under Subsection (b) shall establish a district court
39	39	records technology fund in the general fund of the county for
40	40	deposit of fees paid under Section 51.317(f).
41	41	(d) Subject to Subsection (f), money generated from the fee
42	42	imposed under this section may be expended only for the
43	43	preservation and restoration of the district court records archive.
44	44	(e) The district clerk shall designate the court documents
45	45	that are part of the records archive for purposes of this
46	46	section. The designation of court documents by the district clerk
47	47	under this subsection is subject to approval by the commissioners
48	48	court in a public meeting.
49	49	(f) The district clerk in a county that adopts a fee under
50	50	this section shall prepare an annual written plan for the
51	51	preservation and restoration of the district court records archive.
52	52	The plan may include a proposal for entering into a contract with
53	53	another person for preservation and restoration services. The
54	54	commissioners court shall publish notice of a public hearing on the
55	55	plan in a newspaper of general circulation in the county not later
56	56	than the 15th day before the date of the hearing. After the public
57	57	hearing, the plan shall be considered for approval by the
58	58	commissioners court. Money in the district court records
59	59	technology fund may be expended only as provided by the plan. All
60	60	expenditures from the records technology fund must comply with
61	61	Subchapter C, Chapter 262, Local Government Code.
62	62	(g) If a county imposes a fee under this section, a notice
63	63	shall be posted in a conspicuous place in the district clerk's
64	64	office. The notice must state the amount of the fee in the
65	65	following form: "THE COMMISSIONERS COURT OF _______________
66	66	(Insert name of county) COUNTY HAS DETERMINED THAT A RECORDS
67	67	ARCHIVE FEE OF $________ (Insert amount adopted by commissioners
68	68	court) IS NEEDED TO PRESERVE AND RESTORE DISTRICT COURT RECORDS."
69	69	(h) Money remaining from the collection of fees imposed
70	70	under this section after completion of a district court records
71	71	archive preservation and restoration project may be expended for
72	72	records management and preservation purposes in the manner provided
73	73	by Section 51.317(d). The commissioners court of a county may not
74	74	impose a fee under this section after the district court records
75	75	archive preservation and restoration project is complete.
76	76	SECTION 2. Section 51.317, Government Code, is amended by
77	77	amending Subsection (b) and adding Subsections (b-2) and (f) to
78	78	read as follows:
79	79	(b) The fees are:
80	80	(1) except as provided by Subsection (b-1), for filing
81	81	a suit, including an appeal from an inferior court, $50;
82	82	(2) for filing a cross-action, counterclaim,
83	83	intervention, contempt action, motion for new trial, or third-party
84	84	petition, $15;
85	85	(3) for issuing a citation or other writ or process not
86	86	otherwise provided for, including one copy, when requested at the
87	87	time a suit or action is filed, $8;
88	88	(4) for records management and preservation, $10; and
89	89	(5) in addition to the other fees imposed under this
90	90	section, for filing a suit, including an appeal from an inferior
91	91	court, or a cross-action, counterclaim, intervention, contempt
92	92	action, motion for new trial, or third-party petition, the amount
93	93	adopted by the county commissioners court, not to exceed $5, for
94	94	court records archiving.
95	95	(b-2) The fee imposed under Subsection (b)(5) does not apply
96	96	to a filing by a state agency.
97	97	(f) The district clerk, after collecting a fee under
98	98	Subsection (b)(5), shall pay the fee to the county treasurer, or to
99	99	an official who discharges the duties commonly delegated to the
100	100	county treasurer, for deposit to the district court records
101	101	technology fund established under Section 51.305.
102	102	SECTION 3. Subchapter D, Chapter 101, Government Code, is
103	103	amended by adding Section 101.06116 to read as follows:
104	104	Sec. 101.06116. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
105	105	CODE. The clerk of a district court shall collect a district court
106	106	records archive fee of not more than $5 under Section 51.317(b)(5),
107	107	if adopted by the county commissioners court.
108	108	SECTION 4. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2009.
113	113	______________________________ ______________________________
114	114	President of the Senate Speaker of the House
115	115	I hereby certify that S.B. No. 1685 passed the Senate on
116	116	April 30, 2009, by the following vote: Yeas 31, Nays 0.
117	117	______________________________
118	118	Secretary of the Senate
119	119	I hereby certify that S.B. No. 1685 passed the House on
120	120	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
121	121	present not voting.
122	122	______________________________
123	123	Chief Clerk of the House
124	124	Approved:
125	125	______________________________
126	126	Date
127	127	______________________________
128	128	Governor