1-1 By: Hunter, et al. (Senate Sponsor - Shapiro) H.B. No. 996
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 22, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 8, 1997, reported favorably by the
1-5 following vote: Yeas 10, Nays 0; May 8, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the disposition of the records of an abolished local
1-9 government.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 201.007(b), (c), (f), and (g), Local
1-12 Government Code, are amended to read as follows:
1-13 (b) After the settlement of the outstanding indebtedness of
1-14 an abolished municipality and the satisfaction of the other
1-15 applicable requirements of Chapter 62, Local Government Code, the
1-16 municipality's governing body at the time the municipality is
1-17 abolished, or the receiver or trustees if appointed by a court,
1-18 shall transfer the records of the municipality to the custody of
1-19 the General Services Commission [commission]. A record of an
1-20 abolished municipality may not be sold to satisfy an outstanding
1-21 indebtedness.
1-22 (c) After the settlement of the outstanding indebtedness of
1-23 an abolished special-purpose district or authority, other than a
1-24 school district, and the satisfaction of the other applicable
1-25 requirements of state law establishing or permitting the
1-26 establishment of the district or authority or governing its
1-27 abolition, the district's governing body at the time the district
1-28 is abolished shall transfer the records of the district to the
1-29 custody of the General Services Commission [commission]. A record
1-30 of an abolished special-purpose district or authority may not be
1-31 sold to satisfy an outstanding indebtedness.
1-32 (f) The cost of the transfer of records to the General
1-33 Services Commission [commission] under this section shall be paid
1-34 for out of the funds of the abolished local government
1-35 [commission]. If funds of the local government are not available
1-36 for this purpose, the cost of the transfer shall be paid out of the
1-37 funds of the General Services Commission.
1-38 (g) The records retention schedules issued by the commission
1-39 shall be used, as far as practicable, as the basis for the
1-40 retention and disposition of local government records transferred
1-41 to the custody of the General Services Commission [commission]
1-42 under this section [shall be based, as far as is practicable, on
1-43 records retention schedules issued by the commission].
1-44 SECTION 2. The Texas State Library and Archives Commission
1-45 shall transfer to the General Services Commission as soon as
1-46 practicable after September 1, 1997, the records of an abolished
1-47 local government that are in the custody of the library and
1-48 archives commission on that date.
1-49 SECTION 3. This Act takes effect September 1, 1997.
1-50 SECTION 4. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended.
1-55 * * * * *