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


Senate Research Center   S.B. 861
78R3901 KKA-DBy: Janek
State Affairs
3/17/2003
As Filed


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.  As proposed,
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(a), Government Code, to change 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. 

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.