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AN ACT
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relating to fees charged for the management and preservation of the |
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county clerk's records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 118.0216(c), Local Government Code, is |
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amended to read as follows: |
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(c) The [In a county that is adjacent to an international
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boundary, the] fee shall be deposited in a separate records |
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management and preservation account in the general fund of the |
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county. |
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SECTION 2. Sections 118.025(d), (e), (g), and (i), Local |
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Government Code, are amended to read as follows: |
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(d) The fee shall be deposited in a separate records archive |
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account in the general fund of the county. Any interest accrued |
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remains with the account. |
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(e) The funds generated from the collection of a fee under |
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this section may be expended only for the preservation and |
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restoration of the county clerk's records archive. The county |
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clerk shall designate the public documents that are part of the |
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records archive for purposes of this section. The designation of |
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public documents by the county clerk under this subsection is |
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subject to approval by the commissioners court in a public meeting |
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during the budget process. |
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(g) Before collecting the fee under this section, the [The] |
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county clerk shall prepare an annual written plan for funding the |
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preservation and restoration of the county clerk's records archive. |
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The commissioners court shall publish notice of a public hearing on |
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the plan in a newspaper of general circulation in the county not |
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later than the 15th day before the date of the hearing. After the |
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public hearing, the plan shall be considered for approval by the |
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commissioners court. Funds from the records archive account may be |
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expended only as provided by the plan. All expenditures from the |
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records archive account shall comply with Subchapter C, Chapter |
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262. The hearing may be held during the budget process. After |
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establishing the fee, the plan may be approved annually during the |
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budget process. |
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(i) The fee is subject to approval by the commissioners |
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court in a public meeting during the budget process. |
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SECTION 3. Section 118.025(j), Local Government Code, is |
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repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2716 was passed by the House on April |
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14, 2011, by the following vote: Yeas 141, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2716 on May 21, 2011, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2716 was passed by the Senate, with |
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amendments, on May 19, 2011, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |