By: Brown S.B. No. 1800 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transfer of records of the office of the lieutenant 1-3 governor. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter L, Chapter 441, Government Code, is 1-6 amended by adding Section 441.204 to read as follows: 1-7 Sec. 441.204. RECORDS OF OFFICE OF LIEUTENANT GOVERNOR. 1-8 (a) Notwithstanding any other law, a lieutenant governor who 1-9 vacates the office of lieutenant governor to complete the unexpired 1-10 term of the governor as provided by Section 16(d), Article IV, 1-11 Texas Constitution, may transfer the records of the office of the 1-12 lieutenant governor created or received during that lieutenant 1-13 governor's term of office to the office of the governor. 1-14 (b) Records of the office of the lieutenant governor 1-15 transferred under Subsection (a) must be maintained separate and 1-16 distinct from records created or received from the office of the 1-17 governor. 1-18 (c) Records transferred under Subsection (a) must be listed 1-19 separately and distinctly on the records retention schedule of the 1-20 office of the governor required by Section 441.185. 1-21 SECTION 2. Section 552.351, Government Code, is amended by 1-22 adding Subsection (c) to read as follows: 1-23 (c) It is an exception to the application of Subsection (a) 1-24 that the public information was transferred under Section 441.204. 1-25 SECTION 3. Subsection (b), Section 37.10, Penal Code, is 2-1 amended to read as follows: 2-2 (b) It is an exception to the application of Subsection 2-3 (a)(3) that the governmental record is destroyed pursuant to legal 2-4 authorization or transferred under Section 441.204, Government 2-5 Code. With regard to the destruction of a local government record, 2-6 legal authorization includes compliance with the provisions of 2-7 Subtitle C, Title 6, Local Government Code. 2-8 SECTION 4. The change in law made by this Act applies to the 2-9 transfer of a record regardless of whether the transfer occurred 2-10 before, on, or after the effective date of this Act. 2-11 SECTION 5. This Act takes effect immediately if it receives 2-12 a vote of two-thirds of all the members elected to each house, as 2-13 provided by Section 39, Article III, Texas Constitution. If this 2-14 Act does not receive the vote necessary for immediate effect, this 2-15 Act takes effect September 1, 2001.