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                                  * * * * *