BILL ANALYSIS



C.S.H.B. 1274
By: Naishtat
April 27, 1995
Committee Report (Substituted)


BACKGROUND

Currently, the Family Code permits domestic relations offices to
obtain information from the Department of Public Safety and the
Texas Employment Commission on an individual who has 1) been
ordered to pay child support; 2) been designated as the father of
a child, or; 3) has executed a statement of paternity.  The
information may include birth date, address, driver's license
number, traffic violations, employer, and salary.  All information
obtained is confidential and privileged information for the
exclusive official use of the domestic relations office.  It is an
offense to relate or disclose the information without the subject's
consent.

The statute also authorizes the agencies providing the information
(Department of Public Safety and Texas Employment Commission) to
charge the domestic relations office a fee not to exceed the charge
paid by the Attorney General's office for furnishing records under
this section.

The Secretary of State's office maintains records from voter
registration forms which include information that could assist a
domestic relations office.  Some of the information is required on
the voter registration form and some, such as the social security
number and phone number, is voluntary.  Currently domestic
relations offices are not authorized to access the information
maintained by the Secretary of State.

PURPOSE

H.B. 1274 will authorize domestic relations offices to access the
following information maintained by the Secretary of State's
office:  Name, current and former address, sex, birth date, social
security number, and telephone number to the extent that this
information is available.  H.B. 1274 does not require the Secretary
of State to compile any additional information.  It is understood
that voters often do not complete the entire voter registration
form.  H.B. 1274 also adds the Secretary of State to the agencies
that may charge a fee to a domestic relations office for
information.  Finally, the information obtained from the Secretary
of State would fall under the same confidentiality requirements as
that obtained from other agencies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 203.012, Family Code, as added by H.B.
           655, Acts of the 74th
Legislature, Regular Session, 1995, by amending Subsection (d) and
adding Subsection (g) to
add the office of the secretary of state to the agencies that may
charge a domestic relations office a fee for furnishing records
under this section.  Authorizes a domestic relations office to
obtain certain information about a registered voter from the office
of the secretary of state.

SECTION 2. Effective date:  September 1, 1995.

SECTION 3. Emergency clause.



COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 1274 changes section numbers to correspond to the
recodification of Title 2 of the Family Code as enacted by HB 655. 


SUMMARY OF COMMITTEE ACTION

On 12 April 1995, H.B. 1274 was considered in a public hearing.  

The following person testified in favor of the bill:
     Bruce Elfant, representing himself.

The following persons testified neutrally on the bill:
     Brent Sandbak, Texas Fathers;
     Ann McGeehan, Secretary of State, Elections Division.

H.B. 1274 was reported favorably without amendment with the
recommendation that it do pass and be printed by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.

On 25 April 1995, in a formal meeting, the vote by which H.B. 1274
was reported favorably was reconsidered without objection.  The
committee considered a complete substitute which was adopted
without objection.  H.B. 1274 was reported favorably as substituted
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.