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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1800 passed the Senate on
         April 26, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1800 passed the House on
         May 23, 2001, by the following vote:  Yeas 145, Nays 0, two
         present, not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor