82R11194 MXM-F
By: Carona S.B. No. 1609
A BILL TO BE ENTITLED
AN ACT
relating to fees charged for the management and preservation of the
county clerk's records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 118.0216(c), Local Government Code, is
amended to read as follows:
(c) The [In a county that is adjacent to an international
boundary, the] fee shall be deposited in a separate records
management and preservation account in the general fund of the
county.
SECTION 2. Sections 118.025(d), (e), (g), and (i), Local
Government Code, are amended to read as follows:
(d) The fee shall be deposited in a separate records archive
account in the general fund of the county. Any interest accrued
remains with the general fund of the county.
(e) The funds generated from the collection of a fee under
this section may be expended only for the preservation and
restoration 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
during the budget process.
(g) Before collecting the fee under this section, the [The]
county clerk shall prepare an annual written plan for funding the
preservation and restoration 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. The hearing may be held during the budget process. After
establishing the fee, the plan may be approved annually during the
budget process.
(i) The fee is subject to approval by the commissioners
court in a public meeting during the budget process.
SECTION 3. Section 118.025(j), Local Government Code, is
repealed.
SECTION 4. 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.