Your first question is whether the fee is under the control of the county clerk. Local Gov't Code 113.001. Local Gov t Code 113.003. The commissioners court, however, has general control over county finances. You also ask whether the statute requires that the records management and preservation fee be maintained in a separate account with the county treasurer, and whether such account is subject to audit.
Any money held by a county official is within the auditor's sphere of authority.
You next ask whether the county clerk should deposit the collected fee in the county depository. Section 113.022 specifies the time within which deposit of funds must be made with the treasurer. Your next question is whether the charging of a records management fee is completely discretionary with the county clerk. Thus, whether the fee is to be collected is within the county clerk's discretion. The statute requires neither the type of proceeding nor the timeliness of filing to be considered in collecting the fee.