Texas 2011 82nd Regular

Texas House Bill HB1055 Comm Sub / Bill

                    82R20708 MXM-D
 By: Villarreal H.B. No. 1055
 Substitute the following for H.B. No. 1055:
 By:  Alvarado C.S.H.B. No. 1055


 A BILL TO BE ENTITLED
 AN ACT
 relating to a fee by certain municipalities for the management and
 preservation of historical municipal records.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle A, Title 4, Local Government Code, is
 amended by adding Chapter 109 to read as follows:
 CHAPTER 109. FEES CHARGED BY MUNICIPAL OFFICERS
 SUBCHAPTER A. GENERAL PROVISIONS
 Sec. 109.001.  APPLICABILITY. This chapter applies only to
 a municipality in a county with a population of more than one
 million.
 [Sections 109.002-109.020 reserved for expansion]
 SUBCHAPTER B. FEES OF MUNICIPAL CLERK
 Sec. 109.021.  RECORDS MANAGEMENT AND PRESERVATION FEE.
 (a)  A municipality may impose a fee not to exceed $5 for records
 management and preservation services performed by a municipal clerk
 for a historical municipal document requested from the office of
 the clerk.
 (b)  The person requesting the document must pay the fee when
 the document is requested.
 (c)  The governing body of the municipality shall set the fee
 and determine the documents that qualify as historical municipal
 documents under this section.
 (d)  The fee may be used only by the municipal clerk for
 specific records management and preservation of municipal records.
 SECTION 2.  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, 2011.