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  H.B. No. 2716
 
 
 
 
AN ACT
  relating to fees charged for the management and preservation of the
  county clerk's records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 118.0216(c), Local Government Code, is
  amended to read as follows:
         (c)  The [In a county that is adjacent to an international
  boundary, the] fee shall be deposited in a separate records
  management and preservation account in the general fund of the
  county.
         SECTION 2.  Sections 118.025(d), (e), (g), and (i), Local
  Government Code, are amended to read as follows:
         (d)  The fee shall be deposited in a separate records archive
  account in the general fund of the county.  Any interest accrued
  remains with the account.
         (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
  during the budget process.
         (g)  Before collecting the fee under this section, the [The]
  county clerk shall prepare an annual written plan for funding the
  preservation and restoration of the county clerk's records archive.
  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. Funds from the records archive account may be
  expended only as provided by the plan. All expenditures from the
  records archive account shall comply with Subchapter C, Chapter
  262. The hearing may be held during the budget process. After
  establishing the fee, the plan may be approved annually during the
  budget process.
         (i)  The fee is subject to approval by the commissioners
  court in a public meeting during the budget process.
         SECTION 3.  Section 118.025(j), Local Government Code, is
  repealed.
         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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2716 was passed by the House on April
  14, 2011, by the following vote:  Yeas 141, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2716 on May 21, 2011, by the following vote:  Yeas 142, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2716 was passed by the Senate, with
  amendments, on May 19, 2011, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor