76R11195 JRD-D                           
         By Solis of Bexar                                     H.B. No. 2063
         Substitute the following for H.B. No. 2063:
         By Edwards                                        C.S.H.B. No. 2063
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing local registrars and municipal clerks to
 1-3     charge a records management and preservation fee.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 191.0045, Health and Safety Code, is
 1-6     amended by amending Subsections (d) and (g) and adding Subsection
 1-7     (h) to read as follows:
 1-8           (d)  A local registrar who issues a certified copy of a birth
 1-9     or death certificate shall charge the same fees as charged by the
1-10     bureau of vital statistics, including the additional fee required
1-11     under Subsection (e), except as provided by Subsections
1-12     [Subsection] (g) and (h).
1-13           (g)  A local registrar that on March 31, 1995, was charging a
1-14     fee for the issuance of a certified copy of a birth certificate
1-15     that exceeded the fee charged by the bureau of vital statistics for
1-16     the same type of certificate may continue to do so but shall not
1-17     raise this fee until the fee charged by the bureau exceeds the fee
1-18     charged by the local registrar, except as provided by Subsection
1-19     (h).  A local registrar to which this subsection  applies shall
1-20     charge the additional fee as required under Subsection (e) and may
1-21     charge the additional fee allowed under Subsection (h).
1-22           (h)  In addition to other fees charged under this section, a
1-23     local registrar may charge a records management and preservation
1-24     fee not to exceed $1 for each copy or certified copy of a birth,
 2-1     death, or fetal death  record issued by the local registrar. The
 2-2     fee may be used only to provide funds for the management and
 2-3     preservation of birth, death, fetal death, and other vital
 2-4     statistics records maintained by the local registrar.  Fees
 2-5     collected under this subsection by a county or precinct officer
 2-6     shall be deposited to the credit of the records management and
 2-7     preservation fund established under Section 203.003(6), Local
 2-8     Government Code.
 2-9           SECTION 2.  Subtitle A, Title 6, Local Government Code, is
2-10     amended by adding Chapter 190 to read as follows:
2-11                     CHAPTER 190. MISCELLANEOUS RECORDS
2-12                     PROVISIONS AFFECTING MUNICIPALITIES
2-13           Sec. 190.001.  RECORDS MANAGEMENT AND PRESERVATION FEE.  In
2-14     addition to the amounts that a municipal clerk may charge  for
2-15     providing a copy of a document under Subchapter F, Chapter 552,
2-16     Government Code, or under another law, a municipal clerk may charge
2-17     a records management and preservation fee as an additional fee in
2-18     an amount equal to five percent of the amount the clerk would
2-19     otherwise charge for the copy.  Money received from the records
2-20     preservation fee may be used only for the management and
2-21     preservation of municipal records.
2-22           SECTION 3.  Section 203.003, Local Government Code, is
2-23     amended to read as follows:
2-24           Sec. 203.003.  DUTIES OF COMMISSIONERS COURT.  The
2-25     commissioners court of each county shall:
2-26                 (1)  promote and support the efficient and economical
2-27     management of records of all elective offices in the county to
 3-1     enable elected county officers to conform to this subtitle and
 3-2     rules adopted under it;
 3-3                 (2)  facilitate the creation and maintenance of records
 3-4     containing adequate and proper documentation of the organization,
 3-5     functions, policies, decisions, procedures, and essential
 3-6     transactions of each elective office and designed to furnish the
 3-7     information necessary to protect the legal and financial rights of
 3-8     the local government, the state, and the persons affected by the
 3-9     activities of the local government;
3-10                 (3)  facilitate the identification and preservation of
3-11     the records of elective offices that are of permanent value;
3-12                 (4)  facilitate the identification and protection of
3-13     the essential records of elective offices;
3-14                 (5)  establish a county clerk records management and
3-15     preservation fund for fees subject to Section 118.0216 and approve
3-16     in advance any expenditures from the fund; and
3-17                 (6)  establish a records management and preservation
3-18     fund for the records management and preservation fees authorized
3-19     under Sections 118.052, 118.0546, and 118.0645, Section 51.317,
3-20     Government Code, [and] Article 102.005(d), Code of Criminal
3-21     Procedure, and Section 191.0045(h), Health and Safety Code, to the
3-22     extent Section 191.0045(h) relates to the collection of fees by
3-23     county and precinct officers, and approve in advance any
3-24     expenditures from the fund, which may be spent only for records
3-25     management preservation or automation purposes in the county.
3-26           SECTION 4.  This Act takes effect September 1, 1999.
3-27           SECTION 5.  The importance of this legislation and the
 4-1     crowded condition of the calendars in both houses create an
 4-2     emergency and an imperative public necessity that the
 4-3     constitutional rule requiring bills to be read on three several
 4-4     days in each house be suspended, and this rule is hereby suspended.