77R12535 YDB-D
By Coleman H.B. No. 761
Substitute the following for H.B. No. 761:
By Coleman C.S.H.B. No. 761
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fees for copies of birth and death certificates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 191.0045, Health and Safety Code, is
1-5 amended by amending Subsections (d), (e), (f), and (g) and adding
1-6 Subsection (h) to read as follows:
1-7 (d) A local registrar who issues a certified copy of a birth
1-8 or death certificate shall charge the same fees as charged by the
1-9 bureau of vital statistics, including the additional fees [fee]
1-10 required under Subsections [Subsection] (e) and (h), except as
1-11 provided by Subsection (g).
1-12 (e) In addition to fees collected by the bureau of vital
1-13 statistics under Subsection (b), the bureau shall collect an
1-14 additional $5 [$2] fee for each of the following:
1-15 (1) issuing a certified copy of a certificate of
1-16 birth;
1-17 (2) issuing a wallet-sized certification of birth; and
1-18 (3) conducting a search for a certificate of birth.
1-19 (f) The fees collected under Subsection (e) shall be
1-20 deposited in the state treasury as follows:
1-21 (1) $2 to the credit of the general revenue fund; and
1-22 (2) $3 to the credit of the vital statistics fund to
1-23 be used only for the purposes prescribed by Section 191.005(d)
1-24 [work and family policies fund. Money in the fund may be used only
2-1 for the purposes prescribed by Section 81.006(a), Labor Code].
2-2 (g) A local registrar that on March 31, 1995, was charging a
2-3 fee for the issuance of a certified copy of a birth certificate
2-4 that exceeded the fee charged by the bureau of vital statistics for
2-5 the same type of certificate may continue to do so but shall not
2-6 raise this fee until the fee charged by the bureau exceeds the fee
2-7 charged by the local registrar. A local registrar to which this
2-8 subsection applies shall charge the additional fees [fee] as
2-9 required under Subsections [Subsection] (e) and (h).
2-10 (h) In addition to fees collected by the bureau of vital
2-11 statistics under Subsections (b) and (e), the bureau shall collect
2-12 an additional $2 fee for issuing a certified copy of a death
2-13 certificate. The fees shall be deposited in the state treasury to
2-14 the credit of the vital statistics fund.
2-15 SECTION 2. Section 191.0046, Health and Safety Code, is
2-16 amended to read as follows:
2-17 Sec. 191.0046. FEE EXEMPTIONS. (a) On the request of a
2-18 child's parent or guardian, the state registrar or a local
2-19 registrar shall issue without fee a certificate necessary for
2-20 admission to school or to secure employment. The certificate shall
2-21 be limited to a statement of the child's date of birth.
2-22 (b) The state registrar or a local registrar shall issue
2-23 without fee a certified copy of a record not otherwise prohibited
2-24 by law to a veteran or to the veteran's widow, orphan, or other
2-25 dependent if the copy is for use in settling a claim against the
2-26 government.
2-27 (c) On court order, the state registrar or a local registrar
3-1 may issue without fee a certified copy of a birth record in cases
3-2 related to child labor or the public schools.
3-3 SECTION 3. Section 191.005, Health and Safety Code, is
3-4 amended by adding Subsection (d) to read as follows:
3-5 (d) The vital statistics fund includes fees deposited to the
3-6 fund as required by Sections 191.0045(f) and (h) and 191.022(f) and
3-7 (g) and Sections 118.015(b) and (c), Local Government Code. Fees
3-8 deposited in the fund under those sections may be used by the
3-9 bureau of vital statistics only for:
3-10 (1) improving the electronic system for reporting
3-11 births;
3-12 (2) developing an electronic system for reporting
3-13 deaths in cooperation with other states and the federal government;
3-14 (3) developing an electronic system for attorneys and
3-15 district courts to report information to the bureau;
3-16 (4) coding birth and death records by geographic
3-17 region of the state to track health outcomes by region;
3-18 (5) enhancing the department's automation of vital
3-19 statistics records, including electronic storage and retrieval,
3-20 local registrar access to information, and system support; and
3-21 (6) awarding grants to local registration offices for
3-22 enhancements to local systems.
3-23 SECTION 4. Section 191.022, Health and Safety Code, is
3-24 amended by amending Subsection (f) and adding Subsections (g) and
3-25 (h) to read as follows:
3-26 (f) A local registrar who collects a fee for a certified
3-27 copy of a birth certificate shall retain $1.40 [deduct 20 cents] of
4-1 that fee [to apply to the registrar's administrative costs] and
4-2 remit $3.60 [$1.80] of that fee to the comptroller. The
4-3 comptroller shall [for] deposit one-half of the fee in the general
4-4 revenue fund and one-half of the fee in the vital statistics [work
4-5 and family policies] fund.
4-6 (g) A local registrar who collects a fee for a certified
4-7 copy of a death certificate shall remit $1 of that fee to the
4-8 comptroller for deposit in the vital statistics fund.
4-9 (h) A local registrar may use the fee retained under
4-10 Subsection (f) only for:
4-11 (1) administrative costs;
4-12 (2) the management and preservation of records; and
4-13 (3) the improvement of vital statistics systems and
4-14 programs.
4-15 SECTION 5. Section 118.015, Local Government Code, is amended
4-16 by amending Subsection (b) and adding Subsections (c) and (d) to
4-17 read as follows:
4-18 (b) A county clerk who collects a fee under this section for
4-19 a certified copy of a birth certificate shall retain $1.40 [deduct
4-20 20 cents] of that fee [to apply to the clerk's administrative
4-21 costs] and remit $3.60 [$1.80] of that fee to the comptroller. The
4-22 comptroller shall [for] deposit one-half of the fee in the general
4-23 revenue fund and one-half of the fee in the vital statistics [work
4-24 and family policies] fund.
4-25 (c) A county clerk who collects a fee for a certified copy
4-26 of a death certificate shall remit $1 of that fee to the
4-27 comptroller for deposit in the vital statistics fund.
5-1 (d) A county clerk may use the fee retained under Subsection
5-2 (b) only for:
5-3 (1) administrative costs;
5-4 (2) the management and preservation of records; and
5-5 (3) the improvement of vital statistics systems and
5-6 programs.
5-7 SECTION 6. Section 81.006, Labor Code, is repealed.
5-8 SECTION 7. This Act takes effect September 1, 2001.