Bill Text: TX HB2716 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to fees charged for the management and preservation of the county clerk's records.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB2716 Detail]
Download: Texas-2011-HB2716-Enrolled.html
| H.B. No. 2716 | ||
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| 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 [ |
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| 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 [ |
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| 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 | ||
