COMMISSIONERS COURT COMMUNICATION

Transcription

1 COMMISSIONERS COURT COMMUNICATION AGENDA DATE : //0 \ CONSENT OR REGULAR:Regular Agenda Item CONTRACT REFERENCE NO (IF APPLICABLE): SUBJECT: Approve and authorize increasing the District Clerk Records Technology Fund from $ to $0 pursuant to HB, rd Legislature, Regular Session 0, which amends Government Code.0. BACKGROUND/DISCUSSION OF TOPIC: GC.0 provides that the District Clerk of El Paso County may collect a fee up to $, with approval by El Paso County Commissioner s Court, for filing in the District Civil Court of El Paso County. The bill became effective on September, 0. The fund becomes effective with the fiscal budget for El Paso County, October, 0, at which time the District Clerk will continue collecting this fee. All monies collected will be placed in a line item in the District Court Technology Fund to be used for the restoration and preservation of records in the District Clerk s Office. FISCAL IMPACT: Based on discussions with County Auditor, approximately $0, is currently being collected at the $ fee; therefore, increasing the fee to $0 would increase the revenue to approximately $0, House Bill amends GC.0, until September, 0 to raise the District Court records archive fees if increase is approved by Commissioner s Court. PRIOR COMMISSIONERS COURT ACTION (IF ANY): On September, 00, Commissioners Court approved and authorized the collection of a District Clerk Records Archive Fee of $.00 pursuant to SB amending Government Code Section.0. Commissioners Court Order #, dated September, 00. RECOMMENDATION: Special Notice of said Public Hearing was published in the El Paso Inc (newspaper of general circulation) on September st as required GC.0(f) no later than th day before the hearing. COUNTY ATTORNEY APPROVAL The attached document has been given legal review by the El Paso County Attorney s Office on behalf of the County of El Paso, it officers, and employees. Said legal review should not be relied upon by any person or entity other than the County of El Paso, its officers, and employees. COUNTY ATTORNEY: Art Provenghi, Assistant County Attorney LEGAL REVIEW: LEGAL REVIEW NOTES: County Attorney Opinion # JAB Opinion # DATE: August 0, 0 SUBMITTED BY: NORMA L. FAVELA, DISTRICT CLERK APPROVED //0

2 N O R M A L. F A V E L A DISTRICT CLERK COUNTY COURTHOUSE 00 E. SAN ANTONIO ST. SUITE 0 EL PASO, TEXAS 0 PH () -0 FAX () - clerk September, 0 County Judge and Commissioners 00 E. San Antonio, rd Floor El Paso, Texas 0 Re: Regular Agenda Item Dear County Judge and Commissioners: Please place the following item on the regular agenda of Commissioners Court on Monday, September, 0 for public hearing: Approve and authorize increasing the District Clerk Records Technology Fund from $ to $0 pursuant to HB, rd Legislature, Regular Session 0, which amends Government Code.0. Initial $ fee currently being collected by the District Clerk was approved by Commissioners Court back on September, 00 pursuant to SB, nd Legislature, Regular Session 00. Your favorable consideration is appreciated. If you have any questions, please feel free to contact me. Thank you. Sincerely, /s/ NORMA L. FAVELA DISTRICT CLERK NLF/ Cc: The Honorable Delia Briones, County Clerk Equal Opportunity Employer

3 0 AN ACT relating to temporary increases in the records archive fees and the records management and preservation fees charged by district and county clerks. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE. FEES EFFECTIVE SEPTEMBER, 0 SECTIONA.0.AASection.0(b), Government Code, is amended to read as follows: (b)aathe commissioners court of a county may adopt a district court records archive fee of not more than $0 [$] for the filing of a suit, including an appeal from an inferior court, or a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, in a district court in the county 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 and must be approved in a public meeting. The 0 fee is for preservation and restoration services performed in connection with maintaining a district court records archive. SECTIONA.0.AASection.(b), Government Code, is amended to read as follows: (b)aathe fees are: ()AAexcept as provided by Subsection (b-), for filing a suit, including an appeal from an inferior court, $0; ()AAfor filing a cross-action, counterclaim,

4 0 0 intervention, contempt action, motion for new trial, or third-party petition, $; ()AAfor issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed, $; ()AAfor records management and preservation, $0; and ()AAin addition to the other fees imposed under this section, for filing a suit, including an appeal from an inferior court, or a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, the amount adopted by the county commissioners court, not to exceed $0 [$], for court records archiving. SECTIONA.0.AASection 0.0, Government Code, is amended to read as follows: Sec.A0.0.AADISTRICT COURT FEES AND COSTS:AAGOVERNMENT CODE.AAThe clerk of a district court shall collect fees and costs under the Government Code as follows: ()AAappellate judicial system filing fees for: (A)AAFirst or Fourteenth Court of Appeals District (Sec..0, Government Code).A.A. not more than $; (B)AASecond Court of Appeals District (Sec..0, Government Code).A.A. not more than $; (C)AAThird Court of Appeals District (Sec..0, Government Code).A.A. $; (D)AAFourth Court of Appeals District (Sec..0, Government Code).A.A. not more than $; (E)AAFifth Court of Appeals District (Sec.

5 0 0.0, Government Code).A.A. not more than $; (E-)AASixth Court of Appeals District (Sec..0, Government Code).A.A. $; (E-)AASeventh Court of Appeals District (Sec..0, Government Code).A.A. $; (F)AANinth Court of Appeals District (Sec..0, Government Code).A.A. $; (G)AAEleventh Court of Appeals District (Sec.., Government Code).A.A. $; (G-)AATwelfth Court of Appeals District (Sec.., Government Code).A.A. $; and (H)AAThirteenth Court of Appeals District (Sec.., Government Code).A.A. not more than $; ()AAwhen administering a case for the Rockwall County Court at Law (Sec..0, Government Code).A.A. civil fees and court costs as if the case had been filed in district court; ()AAadditional filing fees: (A)AAfor each suit filed for insurance contingency fund, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not to exceed $; (B)AAto fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not more than $; (B-)AAto fund the improvement of Bexar County court facilities, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not more than $; (C)AAto fund the improvement of Hays County court

6 0 0 facilities, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not more than $; and (D)AAto fund the preservation of court records (Sec..0, Government Code).A.A. not more than $0; ()AAfor filing a suit, including an appeal from an inferior court: (A)AAfor a suit with 0 or fewer plaintiffs (Sec.., Government Code).A.A. $0; (B)AAfor a suit with at least but not more than plaintiffs (Sec.., Government Code).A.A. $; (C)AAfor a suit with at least but not more than 00 plaintiffs (Sec.., Government Code).A.A. $00; (D)AAfor a suit with at least 0 but not more than 00 plaintiffs (Sec.., Government Code).A.A. $; (E)AAfor a suit with at least 0 but not more than,000 plaintiffs (Sec.., Government Code).A.A. $0; or (F)AAfor a suit with more than,000 plaintiffs (Sec.., Government Code).A.A. $00; ()AAfor filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition (Sec.., Government Code).A.A. $; ()AAfor issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed (Sec.., Government Code).A.A. $; ()AAfor records management and preservation (Sec.., Government Code).A.A. $0;

7 0 0 (-a)aafor district court records archiving, if adopted by the county commissioners court (Sec..(b)(), Government Code).A.A. not more than $0 [$]; ()AAfor issuing a subpoena, including one copy (Sec.., Government Code).A.A. $; ()AAfor issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration not provided for in Section., or any other writ or process not otherwise provided for, including one copy if required by law (Sec.., Government Code).A.A. $; (0)AAfor searching files or records to locate a cause when the docket number is not provided (Sec.., Government Code).A.A. $; ()AAfor searching files or records to ascertain the existence of an instrument or record in the district clerk s office (Sec.., Government Code).A.A. $; ()AAfor abstracting a judgment (Sec.., Government Code).A.A. $; ()AAfor approving a bond (Sec.., Government Code).A.A. $; ()AAfor a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk s office, including certificate and seal, for each page or part of a page (Sec.., Government Code).A.A. not to exceed $; ()AAfor a noncertified copy, for each page or part of

8 0 0 a page (Sec.., Government Code).A.A. not to exceed $; ()AAfee for performing a service: (A)AArelated to the matter of the estate of a deceased person (Sec.., Government Code).A.A. the same fee allowed the county clerk for those services; (B)AArelated to the matter of a minor (Sec.., Government Code).A.A. the same fee allowed the county clerk for the service; (C)AAof serving process by certified or registered mail (Sec.., Government Code).A.A. the same fee a sheriff or constable is authorized to charge for the service under Section., Local Government Code; and (D)AAprescribed or authorized by law but for which no fee is set (Sec.., Government Code).A.A. a reasonable fee; ()AAjury fee (Sec..0, Government Code).A.A. $0; ()AAadditional filing fee for family protection on filing a suit for dissolution of a marriage under Chapter, Family Code (Sec.., Government Code).A.A. not to exceed $; ()AAat a hearing held by an associate judge in Dallas County, a court cost to preserve the record, in the absence of a court reporter, by other means (Sec..0, Government Code).A.A. as assessed by the referring court or associate judge; and (0)AAat a hearing held by an associate judge in Duval County, a court cost to preserve the record (Sec.., Government Code).A.A. as imposed by the referring court or associate judge.

9 0 SECTIONA.0.AASections.0(b) and (f), Local Government Code, are amended to read as follows: (b)aathe county clerk may set and collect the following fee from any person: ()AAReturned Check (Sec..0) not less than $ or more than $0 ()AARecords Management and Preservation Fee (Sec..0) not more than $0 [$] ()AAMental Health Background Check for License to Carry a Concealed Weapon (Sec..0)..... not more than $ (f)aathe 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: Records Archive Fee (Sec..0) not more than $0 [$] SECTIONA.0.AAThe changes in law made by this article apply only to a fee that becomes payable on or after September, 0. A 0 fee that becomes payable before September, 0, is governed by the law in effect when the fee became payable, and the former law is continued in effect for that purpose. SECTIONA.0.AAThis article takes effect September, 0. ARTICLE. FEES EFFECTIVE SEPTEMBER, 0 SECTIONA.0.AASection.0(b), Government Code, is amended to read as follows: (b)aathe commissioners court of a county may adopt a district court records archive fee of not more than $ for the filing of a suit, including an appeal from an inferior court, or a

10 cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, in a district court in the county 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 and must be approved in a public meeting. The 0 0 fee is for preservation and restoration services performed in connection with maintaining a district court records archive. SECTIONA.0.AASection.(b), Government Code, is amended to read as follows: (b)aathe fees are: ()AAexcept as provided by Subsection (b-), for filing a suit, including an appeal from an inferior court, $0; ()AAfor filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, $; ()AAfor issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed, $; ()AAfor records management and preservation, $0; and ()AAin addition to the other fees imposed under this section, for filing a suit, including an appeal from an inferior court, or a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition, the amount adopted by the county commissioners court, not to exceed $, for court records archiving. SECTIONA.0.AASection 0.0, Government Code, is amended to read as follows:

11 0 0 Sec.A0.0.AADISTRICT COURT FEES AND COSTS:AAGOVERNMENT CODE.AAThe clerk of a district court shall collect fees and costs under the Government Code as follows: ()AAappellate judicial system filing fees for: (A)AAFirst or Fourteenth Court of Appeals District (Sec..0, Government Code).A.A. not more than $; (B)AASecond Court of Appeals District (Sec..0, Government Code).A.A. not more than $; (C)AAThird Court of Appeals District (Sec..0, Government Code).A.A. $; (D)AAFourth Court of Appeals District (Sec..0, Government Code).A.A. not more than $; (E)AAFifth Court of Appeals District (Sec..0, Government Code).A.A. not more than $; (E-)AASixth Court of Appeals District (Sec..0, Government Code).A.A. $; (E-)AASeventh Court of Appeals District (Sec..0, Government Code).A.A. $; (F)AANinth Court of Appeals District (Sec..0, Government Code).A.A. $; (G)AAEleventh Court of Appeals District (Sec.., Government Code).A.A. $; (G-)AATwelfth Court of Appeals District (Sec.., Government Code).A.A. $; and (H)AAThirteenth Court of Appeals District (Sec.., Government Code).A.A. not more than $; ()AAwhen administering a case for the Rockwall County

12 0 0 Court at Law (Sec..0, Government Code).A.A. civil fees and court costs as if the case had been filed in district court; ()AAadditional filing fees: (A)AAfor each suit filed for insurance contingency fund, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not to exceed $; (B)AAto fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not more than $; (B-)AAto fund the improvement of Bexar County court facilities, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not more than $; (C)AAto fund the improvement of Hays County court facilities, if authorized by the county commissioners court (Sec..0, Government Code).A.A. not more than $; and (D)AAto fund the preservation of court records (Sec..0, Government Code).A.A. not more than $0; ()AAfor filing a suit, including an appeal from an inferior court: (A)AAfor a suit with 0 or fewer plaintiffs (Sec.., Government Code).A.A. $0; (B)AAfor a suit with at least but not more than plaintiffs (Sec.., Government Code).A.A. $; (C)AAfor a suit with at least but not more than 00 plaintiffs (Sec.., Government Code).A.A. $00; (D)AAfor a suit with at least 0 but not more than 00 plaintiffs (Sec.., Government Code).A.A. $; 0

13 0 0 (E)AAfor a suit with at least 0 but not more than,000 plaintiffs (Sec.., Government Code).A.A. $0; or (F)AAfor a suit with more than,000 plaintiffs (Sec.., Government Code).A.A. $00; ()AAfor filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition (Sec.., Government Code).A.A. $; ()AAfor issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed (Sec.., Government Code).A.A. $; ()AAfor records management and preservation (Sec.., Government Code).A.A. $0; (-a)aafor district court records archiving, if adopted by the county commissioners court (Sec..(b)(), Government Code).A.A. not more than $; ()AAfor issuing a subpoena, including one copy (Sec.., Government Code).A.A. $; ()AAfor issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration not provided for in Section., or any other writ or process not otherwise provided for, including one copy if required by law (Sec.., Government Code).A.A. $; (0)AAfor searching files or records to locate a cause when the docket number is not provided (Sec.., Government Code).A.A. $;

14 0 0 ()AAfor searching files or records to ascertain the existence of an instrument or record in the district clerk s office (Sec.., Government Code).A.A. $; ()AAfor abstracting a judgment (Sec.., Government Code).A.A. $; ()AAfor approving a bond (Sec.., Government Code).A.A. $; ()AAfor a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk s office, including certificate and seal, for each page or part of a page (Sec.., Government Code).A.A. not to exceed $; ()AAfor a noncertified copy, for each page or part of a page (Sec.., Government Code).A.A. not to exceed $; ()AAfee for performing a service: (A)AArelated to the matter of the estate of a deceased person (Sec.., Government Code).A.A. the same fee allowed the county clerk for those services; (B)AArelated to the matter of a minor (Sec.., Government Code).A.A. the same fee allowed the county clerk for the service; (C)AAof serving process by certified or registered mail (Sec.., Government Code).A.A. the same fee a sheriff or constable is authorized to charge for the service under Section., Local Government Code; and (D)AAprescribed or authorized by law but for which no fee is set (Sec.., Government Code).A.A. a reasonable fee;

15 ()AAjury fee (Sec..0, Government Code).A.A. $0; 0 0 ()AAadditional filing fee for family protection on filing a suit for dissolution of a marriage under Chapter, Family Code (Sec.., Government Code).A.A. not to exceed $; ()AAat a hearing held by an associate judge in Dallas County, a court cost to preserve the record, in the absence of a court reporter, by other means (Sec..0, Government Code).A.A. as assessed by the referring court or associate judge; and (0)AAat a hearing held by an associate judge in Duval County, a court cost to preserve the record (Sec.., Government Code).A.A. as imposed by the referring court or associate judge. SECTIONA.0.AASections.0(b) and (f), Local Government Code, are amended to read as follows: (b)aathe county clerk may set and collect the following fee from any person: ()AAReturned Check (Sec..0) not less than $ or more than $0 ()AARecords Management and Preservation Fee (Sec..0) not more than $ ()AAMental Health Background Check for License to Carry a Concealed Weapon (Sec..0)..... not more than $ (f)aathe 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: Records Archive Fee (Sec..0) not more

16 than $ SECTIONA.0.AAThe changes in law made by this article apply only to a fee that becomes payable on or after September, 0. A fee that becomes payable before September, 0, is governed by the law in effect when the fee became payable, and the former law is continued in effect for that purpose. SECTIONA.0.AAThis article takes effect September, 0. ARTICLE. CONFLICT WITH OTHER LEGISLATION 0 SECTIONA.0.AATo the extent of any conflict, this Act prevails over another Act of the rd Legislature, Regular Session, 0, relating to nonsubstantive additions to and corrections in enacted codes.

17 AAAAPresident of the Senate Speaker of the HouseAAAAAA I certify that H.B. No. was passed by the House on April, 0, by the following vote:aayeas, Nays, present, not voting; and that the House concurred in Senate amendments to H.B. No. on May, 0, by the following vote:aayeas, Nays, present, not voting. Chief Clerk of the HouseAAA I certify that H.B. No. was passed by the Senate, with amendments, on May, 0, by the following vote:aayeas, Nays. Secretary of the SenateAAA APPROVED: AAAAAAAAAAAAAAAAADateAAAAAAA AAAAAAAAA AAAAAAAAAAAAAAAGovernorAAAAAAA

18 JO ANNE BERNAL COUNTY ATTORNEY MEMORANDUM FROM: ART PROVENGHI ASSISTANT COUNTY ATTORNEY GENERAL COUNSEL UNIT -0, EXTENSION Date: August 0, 0 To: District Clerk Norma Favela and County Auditor Edward Dion Cc: Sylvia Pacheco, Chief Deputy District Clerk Wallace Hardgrove, Budget and Finance Manager Re: Increase of the Archive Fees Collected by the District Clerk for the District Court Records Technology Fund (County Attorney Opinion No. OP--) House Bill (HB), rd Legislature, Regular Session, 0, amends the Texas Government Code until September, 0 to raise the cap on district court records archive fees adopted by the Commissioner s Court and collected by the District Clerk from $.00 to $ 0.00 which is used for the District Court Records Technology Fund established in 00. This bill becomes effective on September, 0. Consequently, steps can be taken to implement the collection of these fees as soon as a public meeting is held and Commissioner s Court sets an amount of this archiving fee up to ten ($0.00) dollars and this project is itemized in the County s budget as discussed below. The Commissioner s Court can adopt a district court records archive fee of not more than ten ($0.00) dollars for the filing of the following: suit (including an appeal from an inferior court); cross action; counterclaim; intervention; contempt action; motion for new trial; or a third party petition; in a district court in the county as part of the county s annual budget. The fee is for preservation and restoration services performed in connection with maintaining a district court records archive. This archive fee is not applicable to a filing by a state agency. PROCESS: Step : This fee (not more than $0.00) must be set and itemized in the County s budget as part of the budget preparation process and approved in a public meeting pursuant to Chapter, Subchapter J:\GC\WPROCESS\OPINIONS\OPINIONS.JAB\0\O DISTRICT CLERK ARCHIVE FEE INCREASE.DOC

19 B of the Texas Local Government Code. Texas Government Code (TGC), Section.0(b). Step : Step : Step : Step ; Once a fee is adopted pursuant to Step, the County Auditor shall deposit the fees collected by the District Clerk under T.G.C. Section. (b) (), into the district court records technology fund. With the approval of the Commissioner s Court at a public meeting, the district clerk shall designate the court documents that are part of the records archive for purposes of this process. T.G.C. Section.0(e). The district clerk shall prepare an annual written plan for the preservation and restoration of the district court records archives. This plan may also include a proposal for contracting with another person to perform these services. T.G.C. Section.0(f). PUBLIC HEARING ON THE PLAN: The Commissioner s Court shall publish a notice of public hearing on this plan in a newspaper of general circulation in the County not later than the th day before the date of the hearing. T.G.C. Section.0(f) Step : Following the public hearing, the Commissioner s Court shall consider the plan for approval. CAUTION: All expenditures from the records technology fund must comply with Subchapter C, Chapter, Texas Local Government Code. Money in this district court records technology fund may be spent only as provided in the plan. Step : NOTICE: A notice shall be conspicuously placed in the District Clerk s Office stating as follows: THE COMMISSIONER S COURT OF EL PASO COUNTY HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $ (Insert amount adopted by Commissioner s Court) IS NEEDED TO J:\GC\WPROCESS\OPINIONS\OPINIONS.JAB\0\O DISTRICT CLERK ARCHIVE FEE INCREASE.DOC

20 PRESERVE AND RESTORE DISTRICT COURT RECORDS. Section.0(g) Texas Government Code. Any money left after the preservation and restoration project is complete can be used for records management and preservation as provided for under Section. (d) of the Texas Government Code. T.G.C. Section.0(h). Additionally, once the district court records archive preservation and restoration project is completed, Commissioner s Court may not impose this archive fee. T.G.C. Section.0(h). OTHER STATUTES AFFECTED BY HB RELEVANT TO THIS ISSUE: HB also amends Section 0.0 ADDITIONAL DISTRICT COURT FEES: GOVERNMENT CODE, as it instructs the district clerk to collect the archive fee if the process was adopted by the Commissioner s Court. J:\GC\WPROCESS\OPINIONS\OPINIONS.JAB\0\O DISTRICT CLERK ARCHIVE FEE INCREASE.DOC

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26 DISTCOURTSRA DIST COURTS RECORDS ARCHIVES HB Effective //0 ending //0 Proposed from $ to $0 FY0 Projections GC.0(b) Fee Revenue 0 $, Projected change $ to $0 GC. (-a) 0 $, Projected thru Sept 0. Per Comptroller impose effective Jan 0 0 $, 0 $, 00 $, As per Edward Dion, County Auditor 0/0/

27 OFFICE OF THE DISTRICT CLERK EL PASO COUNTY, TEXAS NOTICE The Commissioners Court of El Paso County has determined that a Records Archive Fee of $0.00 is needed to PRESERVE AND RESTORE DISTRICT COURT RECORDS. Pursuant to Texas Government Code.0(g)