By Thompson H.B. No. 1138
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a branch office of a county clerk.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 292.006, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 292.006. BRANCH OFFICE OF COUNTY CLERK [FOR ISSUANCE OF
1-7 MARRIAGE LICENSES]. (a) On the request of the county clerk, the
1-8 commissioners court of a county may provide by any means, operate,
1-9 and maintain one or more branch offices at any place in the county
1-10 for the county clerk [for the purpose of issuing marriage
1-11 licenses].
1-12 (b) If a branch office is provided under this section in a
1-13 building owned by the county, the commissioners court shall operate
1-14 and maintain the building in the same manner that it operates and
1-15 maintains the county courthouse. The commissioners court shall
1-16 have care and custody of the building and may place any limitations
1-17 on the use and maintenance of the building it finds necessary.
1-18 (c) The county clerk may authorize one or more of the
1-19 clerk's deputies to work in the branch office to conduct any
1-20 business as determined by the county clerk and in accordance with
1-21 Subsection (d). [A deputy who is appointed by the county clerk may
1-22 take a marriage application from a person who desires to be
1-23 licensed to be married, and the deputy may issue a valid marriage
1-24 license to a qualified applicant.]
2-1 (d) If the recording of instruments or documents in the
2-2 county's official records is permitted at a branch office by the
2-3 county clerk, the recording must be by electronic means and the
2-4 electronically recorded instruments or documents must be available
2-5 without delay to members of the public in the county clerk's office
2-6 at the county seat. For purposes of this subsection, an instrument
2-7 or document is available if it is capable of being:
2-8 (1) electronically examined by a member of the public
2-9 in the county clerk's office at the county seat; and
2-10 (2) placed into a format and medium that a member of
2-11 the public can electronically process using technology that is
2-12 generally available and nonproprietary.
2-13 (e) On a daily [regular] basis, as directed by the county
2-14 clerk, a deputy at a branch office shall file all original records
2-15 made at that office during the previous day [year] with the county
2-16 clerk's office at the county seat not later than the start of the
2-17 next business day.
2-18 SECTION 2. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.