COUNTY CLERK’S Records Management & Archive Funds

Records Management – OPR, Marriage License, Plats & Marks/Brands Local Govt. Code (LGC) 118.011 118.011(b) The county clerk may set and collect the following fee from any person: 118.011(b)(2) Records Management and Preservation Fee (Sec. 118.0216)……not more than $10 118.0216 RECORDS MANAGEMENT AND PRESERVATION. (a) The fee for "Records Management and Preservation" under Section 118.011 is for the records management and preservation services performed by the county clerk after the filing and recording of a document in the records of the office of the clerk. (b) The fee must be paid at the time of the filing of the document. (c) The fee shall be deposited in a separate records management and preservation account in the general fund of the county. (d) The fee may be used only to provide funds for specific records management and preservation, including for automation purposes. (e) All expenditures from the records management and preservation account shall comply with Subchapter C, Chapter 262. (competitive bidding laws)

Records Management – Vital Statistics 191.0045 Health & Safety Code h) In addition to other fees collected under this section, a local registrar or county clerk may collect a fee not to exceed $1 for: (1) preserving vital statistics records maintained by the registrar or county clerk, including birth, death, fetal death, marriage, divorce, and annulment records; (2) training* registrar or county clerk employees regarding vital statistics records; and (3) ensuring the safety and security of vital statistics records. * Can be used for preservation and going to training – regional or annual vital statistics conference.

Records Management – Criminal Cases 102.005 (f) Crim. Code A defendant convicted of an offense in a county, a county court at law, or a district court shall pay a fee of $25 for records management and preservation services performed by the county as required by Chap. 203 Local Govt. Code. Deposit as follows: 1) $22.50 to the co. records management and preservation funds for records management and preservation, including automation, in various co. offices 2) $2.50 to the records management and preservation fund of the clerk of the court for records management and preservation services performed by the clerk of the court.

Records Management – Civil & Probate Cases 118.052 (3)(g)Local Govt. Code Records Management and Preservation Fee……$5 118.0546(a) (a) The fee for "Records Management and Preservation" under Section 118.052 is for the records management and preservation services performed by the county as required by Chapter 203 (Management & Preservation of Records). (b) The fee shall be assessed as cost and must be paid at the time of filing any civil case or ancillary pleading thereto. (c) The fee shall be placed in a special fund to be called the records management and preservation fund. (d) The fee shall be used only for records management and preservation purposes in the county. No expenditure may be made from this fund without prior approval of the commissioners court Charged on new cases and any ancillary pleading

Records Management – Civil & Probate Cases 51.708 Govt. Code (a) In addition to all other fees authorized or required by other law, the clerk of a county court, statutory county court, or district court shall collect a filing fee of not more than $10 in each civil case filed in the court to be used for court record preservation for the courts in the county. (b) Court fees due under this section shall be collected in the same manner as other fees, fines, or costs are collected in the case. (c) The clerk at least monthly shall send the fees collected under this section to the county treasurer or to any other official who discharges the duties commonly assigned to the county treasurer. The treasurer or other official shall deposit the fees in a court record preservation account in the county treasury. The money in the account may be used only to digitize court records and preserve the records from natural disasters. (d) The court record preservation account shall be administered by or under the direction of the commissioners court of the county. Only charged once on new cases.

Archive Fees - OPR 118.011 Local Govt. Code (f) The county clerk of a county 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: (1) Records Archive Fee (Sec. 118.025) . . . . …..not more than $10

ARCHIVE FEE – OPR, Marriage License, Plats, Marks/Brands 118.025 Local Govt. Code Outlines deterioration, preservation, restoration, and what a public document is b) the Commissioners’ Court of a co. may adopt a records archive fee under sec. 118.011(f) - $10 – as part of the budget preparation process. Fee is set and itemized in the county’s budget. c) Fee is paid at the time a person excluding a state agency, presents a public document for filing No fee on Child Support Liens, State Tax Liens, Release of State Tax Liens, or any document filed by a state agency. d) Fee shall be deposited in a separate records archive account in the general funds of the county. Any interest accrued remains with the account. e) Expended only for preservation and restoration of the co. clerk’s records archive. Co. Clerk shall designate the public documents that are part of the records archive and that designate is subject to approval by Comm. Court f) Funds may not be used to for computer software, excluding indexing records by lot & block description g) Clerk must prepare written plan; Comm. Court shall publish notice of a public hearing on the plan in a newspaper h) Notice shall be posted in a conspicuous place in the Co. Clerk’s office – “THE COMM. COURT OF ______COUNTY HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $___ IS NEEDED TO PRESERVE AND RESTORE COUNTY RECORDS.”

3 Separate Accounts Archive Fee $10 (118.011) on OPR, Mar. Lic., Plats, Marks & Brands Separate account Does not go into the General Fund with other fee collected County Clerk’s use only Must do a budget every year Leftover funds stay in the separate accounts, they do not get absorbed into the General Fund! Records Management Fee – for Co. Clerks use only! $10 (LGC 118.011 & 118.0216) – OPR, ML, plats, Marks/Brand $10 (51.708 GC) – Probate, Guardianship, Civil & Criminal Cases $ 2.50 (102.005 Cr Code) – Criminal Case $ 1 (191.0045 HSC Code) – Birth Cert, Death Cert., Mar. Lic. Do a budget! Records Management Fee – any Co. Office may use $22.50 ( 102.005 CR Code) – Criminal Cases $ 5 (118.052 & 118.0546 LGC) – Probate, Civil & Guardianship Cases Someone must do a budget! (Auditor or Treasurer?)

What can the clerk use these funds for? (examples) Archive Fees Preservation & restoration of deteriorating records Records Management Fees Records Management Case files, paper for printing Book reduction Preservation Records preserved by a company specializing in preservation Automation Computers, scanners, printers Computer maintenance Salaries for employees performing records mgmt. purposes

Who is the Records Management Officer? 203.001 Local Govt. Code – Each elected county officer is the records management officer for the records of the officer’s office.

AG Opinions LO 92-77 LO 93-102 DM-492 GA -0118 (2003) GA-0203 (2004) Comm. Court & Clerk must agree on use of funds GA -0118 (2003) Rec. Mgmt. fees may be used for salaries to do rec. mgmt. GA-0203 (2004) Another elected officer may not interfere GA-0521 Use of fee is restricted to rec. mgmt. and preservation services

Court Cases El Paso County Austin County 1992 County Clerk won in lawsuit with Comm. Court Austin County Comm. Court tried to seize Records Mgmt Funds from Co. Clerk & Hot Check Funds from Co. Atty. Clerk and Co. Atty. sued Comm. Court & won