SRC-DPW C.S.H.B. 836 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 836
76R15618 JD-FBy: King, Tracy (Zaffirini)
Human Services
5/12/1999
Committee Report (Substituted)


DIGEST 

Currently, records in Texas are sealed 50 years after the date of a
person's birth and 25 years after a person's death.  Because indexes to
these records are not addressed directly in the Government Code, many
county clerks seal the indexes along with the actual records.  This causes
problems for genealogists and people searching for relatives.
Additionally, many county clerks have expressed confusion as to whether or
not they should seal the indexes with the records. C.S.H.B 836 sets forth
regulations regarding access under the public information law to birth and
death indexes. 

PURPOSE

As proposed, C.S.H.B. 836 sets forth regulations regarding access under the
public information law to birth and death indexes. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 552.115, Government Code, to exempt a birth or
death record maintained by a local registration official (official) from
the requirements of Section 552.021, except that: a birth record is
available to the public on and after the 50th anniversary of the date of
birth as shown and a death record is available to the public on the 25th
anniversary of the death as shown on the record filed with the bureau of
vital statistics of the Texas Department of Health (bureau); a general
birth or death index established or maintained by the bureau or an official
is public information and available to the public to the extent that a
birth or death record is available to the public under Subdivision (1) or
(2); and  a summary birth or death index maintained by the bureau or an
official is public information and available to the public.  Provides that
a general or summary birth index is not public information and is not
available to the public if the fact of an adoption or paternity
determination can be revealed by the index, or the index contains specific
identifying information relating to the parents of a child who is the
subject of an adoption placement.  Makes conforming and nonsubstantive
changes. 

SECTION 2.Emergency clause.
  Effective date: upon passage.