C.S.S.B. 1553 78(R)    BILL ANALYSIS


C.S.S.B. 1553
By: Janek
Public Health
Committee Report (Substituted)


     
BACKGROUND AND PURPOSE 
Approximately 1,000 children are born each day in Texas, resulting in
significant increases in the 
number of births and death records processed each year. Birth and death
records are registered by a local official prior to being sent to the
Texas Department of Health's Bureau of Vital Statistics. 
As proposed, this bill repeals current Texas law relating to the work and
family policies fund, 
establishes a $3.00 surcharge on birth certificates and a $2.00 surcharge
on death certificates, 
improves the vital statistics and finances the development of a
comprehensive statewide 
electronic vital statistics reporting system at both the state and local
level. 

RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Board of Health in SECTION  2 (Section 191.005, Health and
Safety Code) of this bill.  It is the committee's opinion that rulemaking
authority is expressly granted to the Texas Employment Commission in
SECTION 7 (Section 81.007, Labor Code) of this bill.  It is the
committee's opinion that rulemaking authority is expressly granted to the
Texas Department of Health in SECTION 4 (Section 193.0015, Health and
Safety Code) of this bill. 

ANALYSIS
The act increases the fee for certain documents from $2 to $5. Requires
the fees collected  to be deposited into the general revenue fund.
Requires the Texas Department of Health's Bureau of Vital Statistics
(BVS), to collect  $2 fee for issuing a certified copy of a death
certificate. Requires the fees to be deposited in the state treasury to
the credit of the vital statistics fund. Adds "enhancement" of the vital
statistics system to the list of expenses that the fund is being used to
defray. Authorizes TDH to award grants to local registration offices for
enhancements to local systems. 

The act requires a local registrar who collects a fee for a certified copy
of a birth certificate to retain $1.70, rather than to deduct 20 cents, of
that fee and to remit $3.30, rather than $1.80, of that fee to the to the
comptroller, instead of applying it to the registrar's administrative
costs. Requires the comptroller to deposit $1.80 of each amount remitted
under this subsection in the general revenue fund and $1.50 in the vital
statistics fund. The act requires a local registrar who collects a fee for
a certified copy of a death certificate to remit $1 of that fee to the
comptroller for deposit in the vital statistics fund.  Authorizes a local
registrar to use the fee retained only for administering the system of
vital statistics. 

The act requires a county clerk who collects a fee for a certified copy of
a birth certificate to retain $1.70, rather than to deduct 20 cents, of
that fee and to remit $3.30, rather than $1.80, of that fee to the to the
comptroller, instead of applying it to the registrar's administrative
costs. Requires the comptroller to deposit $1.80 of each amount remitted
under this subsection in the general revenue fund and $1.50 in the vital
statistics fund.  Requires a county clerk who collects a fee for a
certified copy of a death certificate to remit $1 of that fee to the
comptroller for deposit in the vital statistics fund. Authorizes a county
clerk to use the fee retained only for administering the system of vital
statistics.  The act repeals Section 81.006, Labor Code (Work and Family
Policies Fund).  The bill also allows the department to create an
electronic filing system for death and fetal death certificates.  

In addition a local registrar or other person required to file  death and
fetal death certificates who use the electronic filing system are not
required to sign a report of a death or fetal death certificate.  



 EFFECTIVE DATE
September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute differs from the original in that it makes changes in the
amounts credited and deposited by the local registrars and county clerks.
In addition the substitute allows the department to create an electronic
filing system for death and fetal death certificates. The substitute also
provides that a person required to file a death and fetal death
certificate, in addition to a local registrar, who files in accordance
with the electronic filing system is not required to sign a report of a
death or fetal death certificates.