By Hunter, et al.                                      H.B. No. 996

         75R4060 MRB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposition of the records of an abolished local

 1-3     government.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 201.007(b), (c), (f), and (g), Local

 1-6     Government Code, are amended to read as follows:

 1-7           (b)  After the settlement of the outstanding indebtedness of

 1-8     an abolished municipality and the satisfaction of the other

 1-9     applicable requirements of Chapter 62, Local Government Code, the

1-10     municipality's governing body at the time the municipality is

1-11     abolished, or the receiver or trustees if appointed by a court,

1-12     shall transfer the records of the municipality to the custody of

1-13     the General Services Commission [commission].  A record of an

1-14     abolished municipality may not be sold to satisfy an outstanding

1-15     indebtedness.

1-16           (c)  After the settlement of the outstanding indebtedness of

1-17     an abolished special-purpose district or authority, other than a

1-18     school district, and the satisfaction of the other applicable

1-19     requirements of state law establishing or permitting the

1-20     establishment of the district or authority or governing its

1-21     abolition, the district's governing body at the time the district

1-22     is abolished shall transfer the records of the district to the

1-23     custody of the General Services Commission [commission].  A record

1-24     of an abolished special-purpose district or authority may not be

 2-1     sold to satisfy an outstanding indebtedness.

 2-2           (f)  The cost of the transfer of records to the General

 2-3     Services Commission [commission] under this section shall be paid

 2-4     for out of the  funds of the abolished local government

 2-5     [commission].  If funds of the local government are not available

 2-6     for this purpose, the cost of the transfer shall be paid out of the

 2-7     funds of the General Services Commission.

 2-8           (g)  The records retention schedules issued by the commission

 2-9     shall be used, as far as practicable, as the basis for the

2-10     retention and  disposition of local government records transferred

2-11     to the custody of the General Services Commission [commission]

2-12     under this section [shall be based, as far as is practicable, on

2-13     records retention schedules issued by the commission].

2-14           SECTION 2.  The Texas State Library and Archives Commission

2-15     shall transfer to the General Services Commission as soon as

2-16     practicable after September 1, 1997, the records of an abolished

2-17     local government that are in the custody of the library and

2-18     archives commission on that date.

2-19           SECTION 3.  This Act takes effect September 1, 1997.

2-20           SECTION 4.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.