General Counsel's Report - September 2013

House Bill 1513 by Rep. Tryon Lewis provides an increase in the maximum fees that may be assessed by district and county clerks for records archives and by county clerks for records management and preservation. Although the legislation is effective on Sept. 1, 2013, the increases cannot be implemented until Jan. 1, 2014, due to the provisions of Section 51.607, Government Code, as amended by Senate Bill 390.

The District Court Clerk Records Archive Fee may be increased from $5 to $10 upon approval by the Commissioners Court as part of the annual budget. See Sections 51.305, 51.317, 101.0611, Government Code. These funds must be utilized for records archives, pursuant to an annual plan submitted by the district clerk and approved by the Commissioners Court, after notice and hearing.

The County Clerk Records Archive Fee may be increased from $5 to $10 upon approval by the Commissioners Court as part of the annual budget. See Sections 118.011(f) and 118.025, Local Government Code. These funds must be utilized for records archives, pursuant to an annual plan submitted by the county clerk and approved by the Commissioners Court, after notice and hearing.

The County Clerk Records Management and Preservation Fee may be increased from $5 to $10. This fee is set by the county clerk. See Sections 118.011(b) and 118.0216, Local Government Code. These funds may only be expended for records management and preservation purposes, as proposed by the county clerk and approved by Commissioners Court.

All of these increases in the maximum fees will revert to $5 on Sept. 1, 2019, unless extended by the legislature. The District Clerk Records Management and Preservation Fee remains at a maximum of $10. See Sections 101.0611(7) and Section 51.317, Government Code.