1-1     By:  Brown                                            S.B. No. 1800
 1-2           (In the Senate - Filed April 9, 2001; April 10, 2001, read
 1-3     first time and referred to Committee on Administration;
 1-4     April 19, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 19, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1800                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the transfer of records of the office of the lieutenant
1-11     governor.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter L, Chapter 441, Government Code, is
1-14     amended by adding Section 441.204 to read as follows:
1-15           Sec. 441.204.  RECORDS OF OFFICE OF LIEUTENANT GOVERNOR.
1-16     (a)  Notwithstanding any other law, a lieutenant governor who
1-17     vacates the office of lieutenant governor to complete the unexpired
1-18     term of the governor as provided by Section 16(d), Article IV,
1-19     Texas Constitution, may transfer the records of the office of the
1-20     lieutenant governor created or received during that lieutenant
1-21     governor's term of office to the office of the governor.
1-22           (b)  Records of the office of the lieutenant governor
1-23     transferred under Subsection (a) must be maintained separate and
1-24     distinct from records created or received from the office of the
1-25     governor.
1-26           (c)  Records transferred under Subsection (a) must be listed
1-27     separately and distinctly on the records retention schedule of the
1-28     office of the governor required by Section 441.185.
1-29           SECTION 2.  Section 552.351, Government Code, is amended by
1-30     adding Subsection (c) to read as follows:
1-31           (c)  It is an exception to the application of Subsection (a)
1-32     that the public information was transferred under Section 441.204.
1-33           SECTION 3.  Subsection (b), Section 37.10, Penal Code, is
1-34     amended to read as follows:
1-35           (b)  It is an exception to the application of Subsection
1-36     (a)(3) that the governmental record is destroyed pursuant to legal
1-37     authorization or transferred under Section 441.204, Government
1-38     Code.  With regard to the destruction of a local government record,
1-39     legal authorization includes compliance with the provisions of
1-40     Subtitle C, Title 6, Local Government Code.
1-41           SECTION 4.  The change in law made by this Act applies to the
1-42     transfer of a record regardless of whether the transfer occurred
1-43     before, on, or after the effective date of this Act.
1-44           SECTION 5.  This Act takes effect immediately if it receives
1-45     a vote of two-thirds of all  the members elected to each house, as
1-46     provided by Section 39, Article III, Texas Constitution.  If this
1-47     Act does not receive the vote necessary for immediate effect, this
1-48     Act takes effect September 1, 2001.
1-49                                  * * * * *