ORDER N0.28240 PUBLIC HEARING ON RECORDS ARCHIVE FEE On this the 25th day of August, 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to set the Public Hearing for September 8, 2003 at 10:15 A.M. to consider the adoption and approval of the Records Archive Fee and adopt such fee as part of the Kerr County budget for FY 2003/04 and subsequent years. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley OFFICE: County Judg . MEETING DATE: August 25, 2003 TIlVIE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss adoption and approval of Records Archive Fee of $5.00 and adopting such fee as part of the Kerr County budget for FY 2003-04 and subsequent years and setting a public hearing on same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. than 1,000 plaintiffs. [Note that due to the delay provision in SB 325 and HB 2424, the increase in the fee will not apply until January 1, 2004.) HB 3194 -Effective 9/1/03 Amends Section 40.062, Human Resources Code, to include the county clerk fees under Sections 118.011 and 118.052, Local Government Code, among those costs and fees that the Department of Protective and Regulatory services is exempt from paying. HB 3588 -Effective 9/1/03 Amends Chapter 542, Transportation Code, by adding Section 542.4031 to create a $30 court cost for the conviction of an offense under Subtitle C. Provides that while the municipality or county may retain 5% of the funds, 95% of the funds must be remitted to the state with 67% deposited into the General Revenue Fund and 33% deposited in the dedicated Trauma Facility and Emergency Medical Services Account under Section 780.003, Health and Safety Code. Provides that this Section expires September 1, 2007. SB 325 -Effective 6/20/03 Amends Chapter 51, Government Code, by adding Section 51.607 to require the comptroller to~ublish a lip ,,, +hP Texas Re ister by Aurgus_t 1 after the end of each regular se ston t at identifies each new or amended court cost or fee to be collected by a district, county, statutory county, municipal, or justice court in a civil or criminal case. SB 604 - 9/1/03 Amends Section 113.902, Local Government Code, to provide that counties may collect from a debtor reasonable attorney fees, investigation costs, and court costs incurred to recover any debt owed to the county, excluding delinquent ad valorem tax cases. 5B 782 -Effective 6/18/03 Amends Article 103.0031 of the Code of Criminai Procedure and Section 682.010 of the Transportation Code to allow a commissioners court or governing body of a municipality to contract with a private attorney or public or private vendor to collect debts and accounts receivable in criminal cases and in cases where the accused failed to appear. Authorizes an additional 30% collection fee for each item that is more than 60 days past due after any credits for time-served or community service. Municipalities with a population greater than 1.9 million may authorize the additional collection fee to fund a collection program performed by employees of the governing body. Provides that payments in an amount that is less than the aggregate total to be collected must be reduced proportionately for allocation to the comptroller, the county or municipality, and the private attorney or vendor. SB 791- Effective 9/1/03 Requires the comptroller to develop and submit a proposal for a monitoring program for the collection, remittance, and reporting of court costs and fees that must be collected in civil and criminal cases and remitted to the comptroller by the clerks of the district, county, statutory county, municipal, and justice courts. The program must assess whether the comptroller is receiving complete information on the sources of the costs and fees collected, whether each court clerk is reporting the costs and fees, and whether the comptroller is crediting the costs and fees remitted to the appropriate fund or account ,",. IC SB 1131 -Effective 9/1/03 Amends Chapter 102, Code of Criminal Procedure, by adding Article 102.0185 to create a $100 cost on conviction for offenses under Chapter 49, Penal Code, ~f excluding Sections 49.02 and 49. 1. rove es t at the comptroller must deposit the funds received to the credit of the Fund for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems Account established under Section 773.006, Health and Safety Code. [Note that due to the delay provision in SB 325 and HB 2424, the new cost will not apply until_.Inntrary 1. 2004.) SB 1165 -Effective 9/1/03 Amends Section 231.202, Family Code, to authorize the sheriffs and constables to charge a Title IV-D agency a fee for service of process as set by the commissioners court under Section 118.131, Local Government Code. SB 1180 -Effective 6/20/03 Amends the Government Code by adding Chapters 101 and 102 to establish one complete index of all the coin costs and fees in civi proceedings, court costs on conviction, and other court-related costs and fees collected in Texas' supreme court, courts of appeals, districts courts, statutory county and probate courts, constitutional county courts, justice courts, and municipal courts. SB 1477 -Effective 9/1/03 Amends Section 411.081, Government Code, to provide that a person who receives a discharge and dismissal after having been placed on deferred adjudication community supervision, may petition the court for an order of nondisclosure if certain conditions are met. Requires the petitioner to pay a $28 fee to be collected by the court clerk and remitted to the Comptroller on a quarterly basis for deposit in the General Revenue Fund. [See also, Criminal Procedure] SB 1731- Effective 9/1/03 ~ ~~ Amends Section 118.011, Local Gove~i~ent Code, to require all county clerks, rather than only those in border counties, to collect a Records Archive Fee of not more than $5 ~ do the fee as part o t annual bu ge . 7