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.

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