By Coleman                                             H.B. No. 761
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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     Subsections (h) and (i) 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 $4 [$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)  one-half to the credit of the work and family
1-22     policies fund.  Money in the fund may be used only for the purposes
 2-1     prescribed by Section 81.006(a), Labor Code; and
 2-2                 (2)  one-half to the credit of the vital statistics
 2-3     enhancement fund.  Money in the fund may be used only for the
 2-4     purposes described in Subsection (i).
 2-5           (g)  A local registrar that on March 31, 1995, was charging a
 2-6     fee for the issuance of a certified copy of a birth certificate
 2-7     that exceeded the fee charged by the bureau of vital statistics for
 2-8     the same type of certificate may continue to do so but shall not
 2-9     raise this fee until the fee charged by the bureau exceeds the fee
2-10     charged by the local registrar.  A local registrar to which this
2-11     subsection applies shall charge the additional fees [fee] as
2-12     required under Subsections [Subsection] (e) and (h).
2-13           (h)  In addition to fees collected by the bureau of vital
2-14     statistics under Subsections (b) and (e), the bureau shall collect
2-15     an additional $1 fee for issuing a certified copy of a death
2-16     certificate.  The fees shall be deposited in the state treasury to
2-17     the credit of the vital statistics enhancement fund.
2-18           (i)  The vital statistics enhancement fund is in the state
2-19     treasury.  Money in the fund is derived from fees deposited as
2-20     required this Section, Section 191.022(f), Health and Safety Code,
2-21     and Section 118.015(b), Local Government Code, and may be used by
2-22     the bureau only for:
2-23                 (1)  improving the system for electronic reporting of
2-24     births;
2-25                 (2)  developing an electronic reporting system for
2-26     deaths in coordination with other states and the federal
 3-1     government;
 3-2                 (3)  developing a paperless reporting system for courts
 3-3     of continuing jurisdiction by attorneys and district courts;
 3-4                 (4)  coding birth and death records geographically to
 3-5     report locational aspects of health outcomes;
 3-6                 (5)  enhancing the department's automation of vital
 3-7     records including electronic storage and retrieval, local registrar
 3-8     access to information, and system support; and
 3-9                 (6)  awarding grants to local registration offices for
3-10     enhancements to local systems.
3-11           SECTION 2.  Subsection (f), Section 191.022, Health and
3-12     Safety Code, is amended to read as follows:
3-13           (f)  A local registrar who collects a fee for a certified
3-14     copy of a birth certificate shall deduct 40 [20] cents of that fee
3-15     to apply to the registrar's administrative costs and remit $3.60
3-16     [$1.80] of that fee to the comptroller for deposit in the work and
3-17     family policies fund and the vital statistics enhancement fund.  A
3-18     local registrar who collects a fee for a certified copy of a death
3-19     certificate shall remit $1 of that fee to the comptroller for
3-20     deposit in the vital statistics enhancement fund.
3-21           SECTION 3.  Subsection (b), Section 118.015, Local Government
3-22     Code, is amended to read as follows:
3-23           (b)  A county clerk who collects a fee under this section for
3-24     a certified copy of a birth certificate shall deduct 40 [20] cents
3-25     of that fee to apply to the clerk's administrative costs and remit
3-26     $3.60 [$1.80] of that fee to the comptroller for deposit in the
 4-1     work and family policies fund and the vital statistics enhancement
 4-2     fund.  A county clerk who collects a fee for a certified copy of a
 4-3     death certificate shall remit $1 of that fee to the comptroller for
 4-4     deposit in the vital statistics enhancement fund.
 4-5           SECTION 4.  This Act take effect on September 1, 2001.
 4-6           SECTION 5.  The importance of this legislation and the
 4-7     crowded condition of the calendars in both houses create an
 4-8     emergency and an imperative public necessity that the
 4-9     constitutional rule requiring bills to be read on three several
4-10     days in each house be suspended, and this rule is hereby suspended.