1-1 By: Ellis S.B. No. 776
1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 14, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 14, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the electronic collection and provision of certain
1-24 information by the secretary of state.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subdivisions (9) and (10), Section 3,
1-27 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-28 Vernon's Texas Civil Statutes), are amended to read as follows:
1-29 (9) "Electronic means" means the transmission of data
1-30 between word or data processors <over> either over dedicated cables
1-31 or commercial lines or by means of computer diskette.
1-32 <(10) "Letter of certification" means a statement
1-33 which specifies the type of information that has been transmitted
1-34 by electronic means to the register and which has been signed by
1-35 the agency's designated certifying official and agency liaison.>
1-36 SECTION 2. Subsection (a), Section 8, Administrative
1-37 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
1-38 Civil Statutes), is amended to read as follows:
1-39 (a) Each agency shall file a document for publication in the
1-40 Texas Register by either delivering to the office of the secretary
1-41 of state during normal working hours two certified copies of the
1-42 document to be filed or by transmitting by electronic means during
1-43 normal working hours one copy of the document to be filed,
1-44 including a statement of certification and the name of the agency's
1-45 certifying official <and delivering during normal working hours a
1-46 letter of certification to the office of the secretary of state>.
1-47 On receipt of a document required by this Act to be filed in the
1-48 office of the secretary of state and published in the register, the
1-49 secretary of state shall note the day and hour of filing on the
1-50 certified copies or on the electronic transmission <letter of
1-51 certification>. One copy of each filed document must be maintained
1-52 in original form or on microfilm in a permanent register in the
1-53 office of the secretary of state and, on filing, shall be made
1-54 available immediately for public inspection during regular business
1-55 hours.
1-56 SECTION 3. Subsection (b), Section 3A, Chapter 271, Acts of
1-57 the 60th Legislature, Regular Session, 1967 (Article 6252-17,
1-58 Vernon's Texas Civil Statutes), are amended to read as follows:
1-59 (b) A State governmental body shall furnish notice to the
1-60 Secretary of State, who shall then post the notice on a bulletin
1-61 board to be located in the main office of the Secretary of State at
1-62 a place convenient to the public. The Secretary of State may
1-63 furnish a computer monitor to provide remote electronic access to
1-64 open meeting notices.
1-65 SECTION 4. The importance of this legislation and the
1-66 crowded condition of the calendars in both houses create an
1-67 emergency and an imperative public necessity that the
1-68 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force from and after its
2-3 passage, and it is so enacted.
2-4 * * * * *
2-5 Austin,
2-6 Texas
2-7 April 14, 1993
2-8 Hon. Bob Bullock
2-9 President of the Senate
2-10 Sir:
2-11 We, your Committee on State Affairs to which was referred S.B.
2-12 No. 776, have had the same under consideration, and I am instructed
2-13 to report it back to the Senate with the recommendation that it do
2-14 pass and be printed.
2-15 Harris of
2-16 Dallas, Chairman
2-17 * * * * *
2-18 WITNESSES
2-19 FOR AGAINST ON
2-20 ___________________________________________________________________
2-21 Name: Dan Procter x
2-22 Representing: Office of Secretary of State
2-23 City: Austin
2-24 -------------------------------------------------------------------