1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 1138
1-2 (In the Senate - Received from the House April 16, 1999;
1-3 April 19, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 22, 1999, reported favorably by
1-5 the following vote: Yeas 4, Nays 0; April 22, 1999, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to a branch office of a county clerk.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 292.006, Local Government Code, is
1-12 amended to read as follows:
1-13 Sec. 292.006. BRANCH OFFICE OF COUNTY CLERK [FOR ISSUANCE OF
1-14 MARRIAGE LICENSES]. (a) On the request of the county clerk, the
1-15 commissioners court of a county may provide by any means, operate,
1-16 and maintain one or more branch offices at any place in the county
1-17 for the county clerk [for the purpose of issuing marriage
1-18 licenses].
1-19 (b) If a branch office is provided under this section in a
1-20 building owned by the county, the commissioners court shall operate
1-21 and maintain the building in the same manner that it operates and
1-22 maintains the county courthouse. The commissioners court shall
1-23 have care and custody of the building and may place any limitations
1-24 on the use and maintenance of the building it finds necessary.
1-25 (c) The county clerk may authorize one or more of the
1-26 clerk's deputies to work in the branch office to conduct any
1-27 business as determined by the county clerk and in accordance with
1-28 Subsection (d). [A deputy who is appointed by the county clerk may
1-29 take a marriage application from a person who desires to be
1-30 licensed to be married, and the deputy may issue a valid marriage
1-31 license to a qualified applicant.]
1-32 (d) If the recording of instruments or documents in the
1-33 county's official records is permitted at a branch office by the
1-34 county clerk, the recording must be by electronic means and the
1-35 electronically recorded instruments or documents must be available
1-36 without delay to members of the public in the county clerk's office
1-37 at the county seat. For purposes of this subsection, an instrument
1-38 or document is available if it is capable of being:
1-39 (1) electronically examined by a member of the public
1-40 in the county clerk's office at the county seat; and
1-41 (2) placed into a format and medium that a member of
1-42 the public can electronically process using technology that is
1-43 generally available and nonproprietary.
1-44 (e) On a daily [regular] basis, as directed by the county
1-45 clerk, a deputy at a branch office shall file all original records
1-46 made at that office during the previous day [year] with the county
1-47 clerk's office at the county seat not later than the start of the
1-48 next business day.
1-49 SECTION 2. The importance of this legislation and the
1-50 crowded condition of the calendars in both houses create an
1-51 emergency and an imperative public necessity that the
1-52 constitutional rule requiring bills to be read on three several
1-53 days in each house be suspended, and this rule is hereby suspended,
1-54 and that this Act take effect and be in force from and after its
1-55 passage, and it is so enacted.
1-56 * * * * *