By Hunter 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.