By:  Brown                                            S.B. No. 1800
         2001S0846/1                            
                                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     Notwithstanding any other law, a lieutenant governor who vacates
 1-9     the office of lieutenant governor to complete the unexpired term of
1-10     the governor as provided by Section 16(d), Article IV, Texas
1-11     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           SECTION 2.  Section 552.351, Government Code, is amended by
1-15     adding Subsection (c) to read as follows:
1-16           (c)  It is an exception to the application of Subsection (a)
1-17     that the public information was transferred under Section 441.204.
1-18           SECTION 3.  Subsection (b), Section 37.10, Penal Code, is
1-19     amended to read as follows:
1-20           (b)  It is an exception to the application of Subsection
1-21     (a)(3) that the governmental record is destroyed pursuant to legal
1-22     authorization or transferred under Section 441.204, Government
1-23     Code.  With regard to the destruction of a local government record,
1-24     legal authorization includes compliance with the provisions of
1-25     Subtitle C, Title 6, Local Government Code.
 2-1           SECTION 4.  The change in law made by this Act applies to the
 2-2     transfer of a record, regardless of whether the transfer occurred
 2-3     before, on, or after the effective date of this Act.
 2-4           SECTION 5.  This Act takes effect immediately if it receives
 2-5     a vote of two-thirds of all  the members elected to each house, as
 2-6     provided by Section 39, Article III, Texas Constitution.  If this
 2-7     Act does not receive the vote necessary for immediate effect, this
 2-8     Act takes effect September 1, 2001.