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S.B. No. 526
AN ACT
relating to a county's authority to impose a records archive fee and
to certain fees for records management and preservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 118.025, Local
Government Code, is amended to read as follows:
(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.
SECTION 2. Article 102.005, Code of Criminal Procedure, is
amended by amending Subsection (f) and adding Subsections (g) and
(h) to read as follows:
(f) A defendant convicted of an offense in a county court, a
county court at law, or a district court shall pay a fee of $25 [$20]
for records management and preservation services performed by the
county as required by Chapter 203, Local Government Code. The fee
shall be collected and distributed by the clerk of the court to the
county treasurer, or to an official who discharges the duties
commonly delegated to the county treasurer, for deposit as follows:
(1) $22.50 to the county records management and
preservation fund for records management and preservation,
including automation, in various county offices; and
(2) $2.50 to the records management and preservation
fund of the clerk of the court for records management and
preservation services performed by the clerk of the court [in the
same manner as fees are collected and distributed under Section
51.317(c), Government Code. The fee received by a county shall be
placed in a special fund to be called the records management and
preservation fund. The fee shall be used only for records
management and preservation purposes in the county as required by
Chapter 203, Local Government Code. No expenditures may be made
from this fund without prior approval of the commissioners court].
(g) A fee deposited in accordance with Subsection (f) may be
used only to provide funds for specific records management and
preservation, including for automation purposes, on approval by the
commissioners court of a budget as provided by Chapter 111, Local
Government Code.
(h) An expenditure from a records management and
preservation fund must comply with Subchapter C, Chapter 262, Local
Government Code.
SECTION 3. Subsection (c), Section 51.317, Government Code,
is amended to read as follows:
(c) The district clerk, after collecting a fee under
Subsection (b)(4), shall pay the fee to the county treasurer, or to
an official who discharges the duties commonly delegated to the
county treasurer, for deposit as follows:
(1) $5 to the county records management and
preservation fund for records management and preservation,
including automation, in various county offices; and
(2) $5 to the district clerk records management and
preservation fund for records management and preservation services
performed by the district clerk when [after] a case or document is
filed in the records office of the district clerk.
SECTION 4. Section 102.041, Government Code, is amended to
read as follows:
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT. The clerk of a district court shall collect fees
and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25 [$20];
(4) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(6) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; and
(7) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $4.
SECTION 5. Section 102.061, Government Code, is amended to
read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT. The clerk of a statutory county court shall
collect fees and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25 [$20];
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5; and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code) . . . $4.
SECTION 6. Section 102.081, Government Code, is amended to
read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT. The clerk of a county court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25 [$20];
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(5) a graffiti eradication fee (Art. 102.0171, Code of
Criminal Procedure) . . . $5.
SECTION 7. Subsection (g), Section 118.011, and Subdivision
(4), Subsection (a), and Subsection (k), Section 118.025, Local
Government Code, are repealed.
SECTION 8. The changes in law made by this Act apply only to
a fee that becomes payable on or after the effective date of this
Act. A fee that became payable before the effective date of this
Act is governed by the law in effect when the fee became payable,
and that law is continued in effect for that purpose.
SECTION 9. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 526 passed the Senate on
April 21, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 28, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 526 passed the House, with
amendment, on May 25, 2005, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor