SRC-MKV C.S.S.B. 1586 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1586
77R9301 YDB-DBy: Moncrief
Health & Human Services
4/3/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Health information derived from birth and death records is the foundation
of most public health programs.  Vital event registrations are increasingly
being used for both administrative and surveillance activities, as well as
the more traditional role of proof of birth or death.  Timely and accurate
registrations are essential in providing such services.  Vital registration
has remained primarily a paper process since its inception in the early
1900s.  Texas has changed from a rural state with a small population to an
urban state with large, diverse populations.  With the growth in
population, the volume of birth and death records has climbed steadily.
With that increase in volume, the number of requests for services such as
obtaining certified copies, creating new records based upon adoptions or
paternities, and correcting errors in original records have also increased
dramatically.  Compounding the volume problem have been new uses made of
vital statistics.  New systems must be created to handle the volume of
records each year and enhance the capabilities to store and retrieve these
records for meeting citizens' needs in a timely manner.  C.S.S.B. 1586
increases the fees collected for certified copies of birth and death
certificates and sets up a fund in the state treasury to collect these
funds to help pay for the enhanced needs of the Bureau of Vital Statistics. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 191.0045, Health and Safety Code, by amending
Subsections (d)-(g) and adding Subsection (h), as follows: 

 (d) Adds a reference to Subsection (h) relating to additional fees
required. 

 (e) Increases from $2 to $5 the amount of an additional fee collected for
certificates. 

(f) Adds language to set forth requirements as to how the fees collected
under Subsection  (e) are to be deposited in the state treasury. 

 (g) Makes a conforming change.

(h) Requires the bureau of vital statistics, in addition to fees collected
by the bureau under Subsections (b) and (e), to collect an additional $2
fee for issuing a certified copy of a death certificate.  Requires the fees
to be deposited in the state treasury to the credit of the vital statistics
enhancement fund. 

SECTION 2.  Amends Section 191.0046, Health and Safety Code, to add
references to local registrars. 

SECTION 3.  Amends Chapter 191A, Health and Safety Code, by adding Section
191.0047, as  follows: 


Sec. 191.0047.  VITAL STATISTICS ENHANCEMENT FUND.  Provides that the
vital statistics enhancement fund is an account in the state treasury.
Provides that the account is composed of fees deposited to the account as
required by Sections 191.0045(h) and 191.022(f) and Section 118.015(b),
Local Government Code.  Authorizes money in the account to be used by the
bureau only for certain purposes. 

SECTION 4.  Amends Section 191.002, Health and Safety Code, by amending
Subsection (f) and adding Subsections (g) and (h), as follows: 

(f)  Requires a local registrar who collects a fee for a certified copy of
a birth certificate to retain $1.40, rather than deduct 20 cents, of that
fee and remit $3.60, rather than $1.80, of that fee to the comptroller.
Requires the comptroller to deposit one-half of the fee in the work and
family policies fund and one-half of the fee in the vital statistics
enhancement fund. 

(g) Requires a local registrar who collects a fee for a certified copy of a
death certificate to remit $1 of that fee to the comptroller for deposit in
the vital statistics enhancement fund. 

(h) Authorizes a local registrar to use the fee retained under Subsection
(f) only for certain purposes. 

SECTION 5.  Amends Section 118.015(b), Local Government Code, by amending
Subsection (b) and adding Subsections (c) and (d), as follows: 

 (b) Makes conforming changes related to county clerks.

 (c) Makes conforming changes related to county clerks.

 (d) Makes conforming changes related to county clerks.

SECTION 6.  Requires the comptroller to act in accordance with Section
81.006 (Work and Family Policies Fund), Labor Code, as if the work and
family policies fund had not been abolished.  Provides that the work and
family practices fund is recreated by this Act.  Provides that revenue
dedicated by Section 81.006, Labor Code, is rededicated by this Act for the
same purposes. 

SECTION 7.  Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Differs from original as follows:

 _In SECTION 1 it changes the amount the Bureau of Vital Statistics is
required to collect in addition to other fees collected from $4 to $5.
Changes the way the fees collected are deposited in the state treasury from
one-half of the fee to $2 to the credit of the work and family policies
fund and from one-half of the fee to $3 to the credit of the vital
statistics enhancement fund to be used for the purposes prescribed by
Section 191.0047.  It further differs from the original by changing the
additional amount collected for issuing a certified copy of a death
certificate from $1 to $2. 

 _Adds a new SECTION 2 which amends Section 191.0046, Health and Safety
Code, to add references to local registrars. 

  _Adds a new SECTION 3 which sets forth provisions originally addressed in
SECTION 1, Subsection (i).  Changes and adds some language to those
provisions to provide that the vital statistics enhancement fund is an
account in the state treasury. Provides that the account is composed of
fees deposited to the account as required by Sections 191.0045(h) and
191.022(f) and Section 118.015(b), Local Government Code.  Authorizes money
in the account to be used by the bureau only for certain purposes. 

 _SECTION 4 was original SECTION 2 and further differs by changing and
adding language to do the following: 

  _Requires a local registrar who collects a fee for a certified copy of a
birth certificate to retain $1.40, rather than deduct 20 cents, of that fee
and remit $3.60, rather than $1.80, of that fee to the comptroller.
Requires the comptroller to deposit one-half of the fee in the work and
family policies fund and one-half of the fee in the vital statistics
enhancement fund. 

 _Requires a local registrar who collects a fee for a certified copy of a
death certificate to remit $1 of that fee to the comptroller for deposit in
the vital statistics enhancement fund. 

 _Authorizes a local registrar to use the fee retained under Subsection (f)
only for certain purposes. 

_Eliminates original SECTION 3 which amended Section 118.015, Local
Government Code, to change the amount remitted by a county clerk to the
comptroller and to require a county clerk to remit $1 of the fee collected
for a certified copy of a death certificate to comptroller as well. 

_Adds a new SECTION 5 to make conforming changes relative to SECTION 4
relating to county clerks. 

_Adds a new SECTION 6 to require the comptroller to act in accordance with
Section 81.006, Labor Code, as if the work and family policies fund had not
been abolished. Provides that the work and family practices fund is
recreated by this Act.  Provides that revenue dedicated by Section 81.006,
Labor Code, is rededicated by this Act for the same purposes. 

_Renumbers SECTION 4, effective date, as SECTION 7 and no longer includes
original SECTION 5 which was an emergency clause.