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Implementation of Proposed Fee
For Preservation and Restoration
Of Archived Records
Presented By
Jannett Pieper, County Clerk
August 19, 2003
Executive Summary
The County Clerks office wants to take advantage of new legislation that is designed to
preserve archived records by adding an archive fee to each filed or recorded document.
This fee is to be dedicated to that task. The vast majority of the permanent records in the
County Clerks ot3ice are paper based. These records are used on a daily basis by the
public and are vulnerable to loss by theft and wear and tear.
With no cost to the County, these records can be preserved by adding an archive fee to
cover the cost of scanning the paper based documents. In addition, to preserving the
documents, the images can be added to our existing imaging system and improve
customer service.
Additionally, significant space savings will be realized where documents are currently
larger than legal size. During the preservation and restoration process, these documents
will be either be reprinted to legal size paper or scanned to our existing imaging system
depending on the date of the document.
Introduction
Currently, Counties adjacent to international borders have the ability to charge a records
archive fee not to exceed $5.00 for the recording or filing of public documents in county
clerks offices. SB 1731 removes "adjacent to international borders" restriction and
opens the fee to all Texas counties. S.B. 1731 provides for a fee not to exceed $5 to be
imposed for recording or filing public documents in county clerk offices in any county
for the purpose of preserving, restoring, and managing county records.
County Clerks are currently authorized to collect a records management fee for
maintaining and preserving current documents. In most cases, this fee is not sufficient to
also preserve and restore archived records. This new legislation is designed to target
archived records.
This bill authorizes the Commissioners' Court to adopt a records archive fee as part of
the county's annual budget. If the provisions of SB 1731 are implemented, the county
will experience a revenue gain. This additional revenue will be dedicated to helping
county clerks focus on preserving older records.
The effective date of this Act is September 1, 2003 and expires September 1, 2008, unless
otherwise changed by law.
Steps to Implement
Prepare Archive Plan
Commissioner's Court Approval
Public Hearing
Post Notice of Fee in a conspicuous place
Projected Revenue
New legislation is open for interpretation. Court records are currently being reviewed to
determine if those filings fall under SB 1731.
Document
Type	Documents
Subject to Fee	Revenue
at $5.00	Revenue
at $4.00	Revenue
at $3.00	Revenue
at $2.00
Official Public Records	12,556	$62,780.00	$62,224.00	$37,668.00	$25,112.00
Civil, & Mental Health	913	$4,565.00	$3,652.00	$2,739.00	$1,826.00
Probate	292	$1,460.00	$1,168.00	$876.00	$584.00
Criminal	0				
Total	13,761	$68,805.00	$67,044.00	$41,283.00	$27,522.00
Archive Plan
Flscal Year 2003 - 2008 (unless otherwise changed by lawl
Scan and Index into the computer:
500 +/- books
All Court Files
Books from 1800's
Commissioners Court Books
Marks & Brands Book
Surveys
Revenue collected and not expended to the fiscal year will be carried forward and used
on other archive projects.
All books will be scanned and will be made available on computers in the public research
area. A laser printer will be available to print instruments and instrument pages on
demand. This will reduce the need for clerks to handle heavy record books to make
copies and will reduce having to climb on step stools reaching for books and files.
SB 1731
8(R) SB 1731- Enrolled version -Bill Text
S.B. No. 1731
AN ACT
relating to fees imposed by certain counties for the preservation,
restoration, and management of certain county records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 118.011, Local Government Code, as added
by Chapter 794, Acts of the 77th Legislature, Regular Session, 2001, is amended to read
as follows:
(e) The county clerk of a county [adjacent to an international boundary] shall, if
the commissioners court of the county adopts the fee as part of the county's annual
budget, collect the following fee from any person:
Records Archive Fee
(Sec. 118.025 j not more than $5
SECTION 2. The heading to Section 118.025, Local Government
Code, is amended to read as follows:
Sec. 118.025. COUNTY CLERK'S RECORDS ARCHIVE [IN BORDER
COUNTY].
SECTION 3. Subsection (b), Section 118.025, Local
Government Code, is amended to read as follows:
(b) The commissioners court of a county [that is adjacent to an international
boundary] may adopt a records archive fee under Section 118.011(e) as part of the
county's annual budget. The fee must be set and itemized in the county's budget as part
of the budget preparation process. The fee for "Records Archive" under Section
118.011(e) is for the preservation and restoration services performed by the county clerk
in connection with maintaining a county clerk's records archive.
SECTION 4. This Act takes effect September 1, 2003.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1731 passed the Senate on May 15, 2003, by the
following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 1731 passed the House on May 28, 2003, by a non-
record vote.