HBA-DMD C.S.H.B. 1138 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1138
By: Thompson
County Affairs
3/29/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, county clerks (clerks) are allowed to operate branch offices and
use clerk deputies for the purpose of issuing marriage licenses.  Some
clerks feel that they could better serve their constituents if the clerks
were allowed to provide a wider range of services at these branch offices.
C.S.H.B. 1138 allows clerks to use branch offices and clerk deputies for
services other than issuing marriage licenses, except for the filing and
recording of real property records. This bill also requires a clerk's
deputy at a branch office on a daily basis, to file all original records
made at the office during the previous day no later than the start of the
next business day, with the county clerk's office at the county seat.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 292.006, Local Government Code, as follows:

Sec. 292.006. New Title: BRANCH OFFICE OF COUNTY CLERK. (a) Deletes the
provision stating "for the county clerk for the purpose of issuing marriage
licenses" when referring to a commissioners court authority to provide the
county clerk with a branch office. Deletes "for issuance of marriage
licenses" from the existing title. 

(b) Makes no change.

(c) Authorizes a county clerk to authorize the clerk's deputy (deputy) to
work in a branch office to conduct any business as determined by the county
clerk, rather than specifying that the deputy be specifically designated to
work on marriage applications and licenses, except for the filing and
recording of real property records.  

(d) Requires a deputy at a branch office on a daily, rather than regular,
basis, to file all original records made at the office during the previous
day, rather than year, no later than the start of the next business day
with the county clerk's office at the county seat.  

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1138 differs form the original bill in SECTION 1 (Section 292.006,
Local Government Code) by making a nonsubstantive change and by providing
an exception to the county clerk's authorization to authorize one or more
of the clerk's deputies (deputy) to work in the branch office to conduct
any business. This substitute also requires a deputy at a branch office on
a daily, rather than regular, basis, to file all original records made at
the office during the previous day, rather than year, no later than the
start of the next business day with the county clerk's office at the county
seat.