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 * * * * *