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.
2-65 * * * * *