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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