1-1     By:  Moncrief                                         S.B. No. 1586
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 5, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 5, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1586                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to fees for copies of birth and death certificates.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 191.0045, Health and Safety Code, is
1-13     amended by amending Subsections (d) through (g) and adding
1-14     Subsection (h) to read as follows:
1-15           (d)  A local registrar who issues a certified copy of a birth
1-16     or death certificate shall charge the same fees as charged by the
1-17     bureau of vital statistics, including the additional fees [fee]
1-18     required under Subsections [Subsection] (e) and (h), except as
1-19     provided by Subsection (g).
1-20           (e)  In addition to fees collected by the bureau of vital
1-21     statistics under Subsection (b), the bureau shall collect an
1-22     additional $5 [$2] fee for each of the following:
1-23                 (1)  issuing a certified copy of a certificate of
1-24     birth;
1-25                 (2)  issuing a wallet-sized certification of birth; and
1-26                 (3)  conducting a search for a certificate of birth.
1-27           (f)  The fees collected under Subsection (e) shall be
1-28     deposited in the state treasury as follows:
1-29                 (1)  $2 to the credit of the work and family policies
1-30     fund to[.  Money in the fund may] be used only for the purposes
1-31     prescribed by Section 81.006(a), Labor Code; and
1-32                 (2)  $3 to the credit of the vital statistics
1-33     enhancement fund to be used only for the purposes prescribed by
1-34     Section 191.0047.
1-35           (g)  A local registrar that on March 31, 1995, was charging a
1-36     fee for the issuance of a certified copy of a birth certificate
1-37     that exceeded the fee charged by the bureau of vital statistics for
1-38     the same type of certificate may continue to do so but shall not
1-39     raise this fee until the fee charged by the bureau exceeds the fee
1-40     charged by the local registrar.  A local registrar to which this
1-41     subsection applies shall charge the additional fees [fee] as
1-42     required under Subsections [Subsection] (e) and (h).
1-43           (h)  In addition to fees collected by the bureau of vital
1-44     statistics under Subsections (b) and (e), the bureau shall collect
1-45     an additional $2 fee for issuing a certified copy of a death
1-46     certificate.  The fees shall be deposited in the state treasury to
1-47     the credit of the vital statistics enhancement fund.
1-48           SECTION 2.  Section 191.0046, Health and Safety Code, is
1-49     amended to read as follows:
1-50           Sec. 191.0046.  FEE EXEMPTIONS.  (a)  On the request of a
1-51     child's parent or guardian, the state registrar or a local
1-52     registrar shall issue without fee a certificate necessary for
1-53     admission to school or to secure employment.  The certificate shall
1-54     be limited to a statement of the child's date of birth.
1-55           (b)  The state registrar or a local registrar shall issue
1-56     without fee a certified copy of a record not otherwise prohibited
1-57     by law to a veteran or to the veteran's widow, orphan, or other
1-58     dependent if the copy is for use in settling a claim against the
1-59     government.
1-60           (c)  On court order, the state registrar or a local registrar
1-61     may issue without fee a certified copy of a birth record in cases
1-62     related to child labor or the public schools.
1-63           SECTION 3.  Subchapter A, Chapter 191, Health and Safety
1-64     Code, is amended by adding Section 191.0047 to read as follows:
 2-1           Sec. 191.0047.  VITAL STATISTICS ENHANCEMENT FUND.  The vital
 2-2     statistics enhancement fund is an account in the state treasury.
 2-3     The account is composed of fees deposited to the account as
 2-4     required by Sections 191.0045(h) and 191.022(f) and Section
 2-5     118.015(b), Local Government Code.  Money in the account may be
 2-6     used by the bureau of vital statistics only for:
 2-7                 (1)  improving the electronic system for reporting
 2-8     births;
 2-9                 (2)  developing an electronic system for reporting
2-10     deaths in cooperation with other states and the federal government;
2-11                 (3)  developing an electronic system for attorneys and
2-12     district courts to report information to the bureau;
2-13                 (4)  coding birth and death records by geographic
2-14     region of the state to track health outcomes by region;
2-15                 (5)  enhancing the department's automation of vital
2-16     statistics records, including electronic storage and retrieval,
2-17     local registrar access to information, and system support; and
2-18                 (6)  awarding grants to local registration offices for
2-19     enhancements to local systems.
2-20           SECTION 4.  Section 191.022, Health and Safety Code, is
2-21     amended by amending Subsection (f) and adding Subsections (g) and
2-22     (h) to read as follows:
2-23           (f)  A local registrar who collects a fee for a certified
2-24     copy of a birth certificate shall retain $1.40 [deduct 20 cents] of
2-25     that fee [to apply to the registrar's administrative costs] and
2-26     remit $3.60 [$1.80] of that fee to the comptroller.  The
2-27     comptroller shall [for] deposit one-half of the fee in the work and
2-28     family policies fund and one-half of the fee in the vital
2-29     statistics enhancement fund.
2-30           (g)  A local registrar who collects a fee for a certified
2-31     copy of a death certificate shall remit $1 of that fee to the
2-32     comptroller for deposit in the vital statistics enhancement fund.
2-33           (h)  A local registrar may use the fee retained under
2-34     Subsection (f) only for:
2-35                 (1)  administrative costs;
2-36                 (2)  the management and preservation of records; and
2-37                 (3)  the improvement of vital statistics systems and
2-38     programs.
2-39           SECTION 5.  Section 118.015, Local Government Code, is
2-40     amended by amending Subsection (b) and adding Subsections (c) and
2-41     (d) to read as follows:
2-42           (b)  A county clerk who collects a fee under this section for
2-43     a certified copy of a birth certificate shall retain $1.40 [deduct
2-44     20 cents] of that fee [to apply to the clerk's administrative
2-45     costs] and remit $3.60 [$1.80] of that fee to the comptroller.  The
2-46     comptroller shall [for] deposit one-half of the fee in the work and
2-47     family policies fund and one-half of the fee in the vital
2-48     statistics enhancement fund.
2-49           (c)  A county clerk who collects a fee for a certified copy
2-50     of a death certificate shall remit $1 of that fee to the
2-51     comptroller for deposit in the vital statistics enhancement fund.
2-52           (d)  A county clerk may use the fee retained under Subsection
2-53     (b) only for:
2-54                 (1)  administrative costs;
2-55                 (2)  the management and preservation of records; and
2-56                 (3)  the improvement of vital statistics systems and
2-57     programs.
2-58           SECTION 6.  The comptroller of public accounts shall act in
2-59     accordance with Section 81.006, Labor Code, as if the work and
2-60     family policies fund had not been abolished.  The work and family
2-61     policies fund is recreated by this Act.  Revenue dedicated by
2-62     Section 81.006, Labor Code, is rededicated by this Act for the same
2-63     purposes.
2-64           SECTION 7.  This Act takes effect September 1, 2001.
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