S.B. No. 1685
 
 
 
 
AN ACT
  relating to the creation of a district court records technology
  fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 51, Government Code, is
  amended by adding Section 51.305 to read as follows:
         Sec. 51.305.  DISTRICT COURT RECORDS TECHNOLOGY FUND.
  (a)  In this section:
               (1)  "Court document" means any instrument, document,
  paper, or other record that the district clerk is authorized to
  accept for filing or maintenance.
               (2)  "Deterioration" means any naturally occurring
  process or a natural disaster that results in the destruction or
  partial destruction of a court document.
               (3)  "Preservation" means any process that:
                     (A)  suspends or reduces the deterioration of a
  court document; or
                     (B)  provides public access to a court document in
  a manner that reduces the risk of deterioration.
               (4)  "Restoration" means any process that permits the
  visual enhancement of a court document, including making the
  document more legible.
         (b)  The commissioners court of a county may adopt a district
  court records archive fee of not more than $5 for the filing of a
  suit, including an appeal from an inferior court, or a
  cross-action, counterclaim, intervention, contempt action, motion
  for new trial, or third-party petition, in a district court in the
  county as part of the county's annual budget. The fee must be set
  and itemized in the county's budget as part of the budget
  preparation process and must be approved in a public meeting. The
  fee is for preservation and restoration services performed in
  connection with maintaining a district court records archive.
         (c)  The county treasurer, or the official who discharges the
  duties commonly delegated to the county treasurer, in a county that
  adopts a fee under Subsection (b) shall establish a district court
  records technology fund in the general fund of the county for
  deposit of fees paid under Section 51.317(f).
         (d)  Subject to Subsection (f), money generated from the fee
  imposed under this section may be expended only for the
  preservation and restoration of the district court records archive.
         (e)  The district clerk shall designate the court documents
  that are part of the records archive for purposes of this
  section.  The designation of court documents by the district clerk
  under this subsection is subject to approval by the commissioners
  court in a public meeting.
         (f)  The district clerk in a county that adopts a fee under
  this section shall prepare an annual written plan for the
  preservation and restoration of the district court records archive.
  The plan may include a proposal for entering into a contract with
  another person for preservation and restoration services. 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. Money in the district court records
  technology fund may be expended only as provided by the plan. All
  expenditures from the records technology fund must comply with
  Subchapter C, Chapter 262, Local Government Code.
         (g)  If a county imposes a fee under this section, a notice
  shall be posted in a conspicuous place in the district clerk's
  office. The notice must state the amount of the fee in the
  following form: "THE COMMISSIONERS COURT OF _______________
  (Insert name of county) COUNTY HAS DETERMINED THAT A RECORDS
  ARCHIVE FEE OF $________ (Insert amount adopted by commissioners
  court) IS NEEDED TO PRESERVE AND RESTORE DISTRICT COURT RECORDS."
         (h)  Money remaining from the collection of fees imposed
  under this section after completion of a district court records
  archive preservation and restoration project may be expended for
  records management and preservation purposes in the manner provided
  by Section 51.317(d). The commissioners court of a county may not
  impose a fee under this section after the district court records
  archive preservation and restoration project is complete.
         SECTION 2.  Section 51.317, Government Code, is amended by
  amending Subsection (b) and adding Subsections (b-2) and (f) to
  read as follows:
         (b)  The fees are:
               (1)  except as provided by Subsection (b-1), for filing
  a suit, including an appeal from an inferior court, $50;
               (2)  for filing a cross-action, counterclaim,
  intervention, contempt action, motion for new trial, or third-party
  petition, $15;
               (3)  for issuing a citation or other writ or process not
  otherwise provided for, including one copy, when requested at the
  time a suit or action is filed, $8;
               (4)  for records management and preservation, $10; and
               (5)  in addition to the other fees imposed under this
  section, for filing a suit, including an appeal from an inferior
  court, or a cross-action, counterclaim, intervention, contempt
  action, motion for new trial, or third-party petition, the amount
  adopted by the county commissioners court, not to exceed $5, for
  court records archiving.
         (b-2)  The fee imposed under Subsection (b)(5) does not apply
  to a filing by a state agency.
         (f)  The district clerk, after collecting a fee under
  Subsection (b)(5), shall pay the fee to the county treasurer, or to
  an official who discharges the duties commonly delegated to the
  county treasurer, for deposit to the district court records
  technology fund established under Section 51.305.
         SECTION 3.  Subchapter D, Chapter 101, Government Code, is
  amended by adding Section 101.06116 to read as follows:
         Sec. 101.06116.  ADDITIONAL DISTRICT COURT FEES:  GOVERNMENT
  CODE. The clerk of a district court shall collect a district court
  records archive fee of not more than $5 under Section 51.317(b)(5),
  if adopted by the county commissioners court.
         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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1685 passed the Senate on
  April 30, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1685 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor