SRC-LBB S.B. 861 78(R)BILL ANALYSIS


Senate Research CenterS.B. 861
By: Janek
State Affairs
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, a birth record becomes public information on or after the 50th
anniversary of the date of birth.  Birth certificates can be used to
establish false identity and gain access to certain state and federal
benefits.  National studies have identified problems with false
identification regarding the misuse of birth certificates.  S.B. 861
changes the date on which a birth record becomes public information to on
or after the 75th anniversary of the date of birth. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 552.115, Government Code, by amending
Subsection (a) and adding Subsections (c),(d), and (e) as follows: 

(a)  Changes the date on which a birth record is public information and
available to the public to the 75th, rather than the 50th, anniversary of
the date of birth as shown on the record filed with the bureau of vital
statistics or local registration official. 

(c)  Provides that Subsection (a)(1) does not apply to the microfilming
agreement entered into by the Genealogical Society of Utah, a nonprofit
corporation organized under the laws of the State of Utah, and the
Archives and Information Services Division of the Texas State Library and
Archives Commisson. 

(d)  Requires the Genealogical Society of Utah, for the purposes of
fulfilling the terms of the agreement in Subsection (c), to have access to
birth records on or after the 50th anniversary of the date of birth as
shown on the record filed with the bureau of vital statistics or local
registration official, but requires that such birth records not be made
available to the public until the 75th anniversary of the date of birth as
shown on the record. 

[ Bill, as enrolled, does not contain a Subsection (e)]

SECTION 2.  Amends Section 191.004(c), Local Government Code, to provide
that Subsection (a) does not apply to birth and death records maintained
under the vital statistics laws of this state as provided by Title 3
(Vital Statistics), Health and Safety Code.  Requires the county clerk to
allow access to and give attested copies of those records only as provided
by the vital statistics laws, rules adopted under those laws, and Chapter
552 (Public Information), Government Code. 

SECTION 3.  Effective date:  September 1, 2003.