HBA-MPA S.B. 1193 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1193
By: Lucio
County Affairs
4/26/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, in Texas, a number of historic county courthouses and county
records are deteriorating and are in need of preservation.  S.B. 1193
imposes a fee for filing public documents in county clerk offices for a
certain period for the preservation and restoration of certain county
records and county courthouses. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Sets forth legislative findings regarding the deteriorated
status of county courthouses and county records, and the purpose of this
Act. 

SECTION 2.  Amends Section 118.011, Local Government Code, by adding
Subsections (e), (f), and (g), to require the county clerk to collect
certain fees for preservation and restoration of certain county records and
county courthouses if the commissioners court of the county adopts an order
establishing the amount of the fees.  Prohibits the commissioners court
from adopting an order that establishes fees authorized under Subsection
(e) that in the aggregate are more than $7.50.  Provides that Subsections
(e), (f), and (g) expire on September 1, 2006. 

SECTION 3.  Amends Section 118.0216, Local Government Code, to require the
fee for "Records Management and Preservation" to be deposited in a separate
records management account in the general fund of the county.  Authorizes
the fee to be used only for specific records preservation and automation
purposes, rather than projects. Requires the county clerk to prepare an
annual written plan for funding the automation projects and records
management services performed by the clerk. Requires the plan to be
considered for approval by the commissioners court, after a public hearing.
Authorizes funds from the records management account to be expended only as
provided by the plan. Requires all expenditures from the records management
account to comply with the provisions of Subchapter C (Competitive Bidding
in General), Chapter 262.   Makes conforming changes. 

SECTION 4.  Amends Subchapter B, Chapter 118, Local Government Code, by
adding Sections 118.0217 and 118.0218, as follows: 

Sec.  118.0217.  RECORDS ARCHIVE.  (a) Defines "deterioration,"
"preservation," "public document," "records archive," and "restoration."  

(b) Authorizes the commissioners court of a county, by order, to adopt a
records archive fee under Section 118.011(e) (Fee Schedule). Provides that
the fee for "Records Archive" under Section 118.011(e) is for the
preservation and restoration services performed by the county clerk in
connection with maintaining a county clerk's records archive.   

(c) Provides that the fee must be paid at the time a person, excluding a
state agency, presents a public document to the county clerk for recording
or filing.   

(d) Requires the fee to be deposited in a separate records archive account
in the general  fund of the county.   

(e) Authorizes the funds generated from the collection of a fee collected
to be expended only for the preservation and restoration of the county
clerk's records archive.   

(f) Prohibits the funds from being used to purchase, lease, or develop
software to geographically index public records, excluding indexing public
records by lot and block description, as provided by Section 193.009(b)(4)
(Indexing of Records on Microfilm).  

(g) Requires the county clerk to prepare an annual written plan for funding
the preservation and restoration of the county clerk's records archive.
Requires the plan to be considered for approval by the commissioners court,
after a public hearing.  Authorizes funds from the records archive account
to be expended only as provided by the plan. Requires all expenditures from
the records archive account to comply with the provisions of Subchapter C,
Chapter 262.   

(h) Requires a notice to be posted in a conspicuous place in the county
clerk's office, if a county charges a fee under this section.  Sets forth
the form of the notice of the fee.   

(i) Provides that the fee is subject to approval by the commissioners court
in a public meeting.   

(j) Authorizes any excess funds generated from the collection of a fee
remaining after completion of a county records archive preservation and
restoration project to be expended only for the purposes described in
Section 118.0216.  Prohibits the commissioners court of a county from
ordering the collection of a fee authorized by this section after the
county records archive preservation and restoration is complete.  

(k) Provides that this section expires September 1, 2006.

Sec.  118.0218.  COUNTY COURTHOUSE RESTORATION.  (a) Authorizes the
commissioners court of a county, by order, to adopt a county courthouse
restoration fee under Section 118.011(e).  Provides that the fee for
"County Courthouse Restoration" under Section 118.011 is for the
preservation and restoration of the county courthouse of the county in
which the fee is collected.  

(b) Provides that the fee to must be paid at the time a person, excluding a
state agency, presents a public document to the county clerk for recording
or filing.   

(c) Requires the fee to be deposited in a separate county courthouse
restoration account in the general fund of the county.   

(d) Authorizes the funds generated from the collection of a fee collected
to be expended only for the preservation and restoration of the county
courthouse.    

(e) Requires the county clerk to prepare an annual written plan for funding
the preservation and restoration of the county courthouse.  Requires the
plan to be considered for approval by the commissioners court, after a
public hearing.  Authorizes funds from the records archive account to be
expended only as provided by the plan.  Requires all expenditures from the
records archive account to comply with the provisions of Subchapter C,
Chapter 262.   

(f) Provides that a notice must be posted in a conspicuous place in the
county clerk's office, if a county charges a fee under this section.  Sets
forth the form of the notice of the fee.  Provides that the fee is subject
to approval by the commissioners court in a public meeting.  

(g) Provides that this section expires September 1, 2006.

 SECTION 5.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 6.Emergency clause.