SRC-VRA C.S.S.B. 1655 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1655
78R14832 ATP-FBy: Madla
Intergovernmental Relations
5/6/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, some statutes applicable to county governments contain
antiquated requirements that do not recognize advances in technology.  For
example, county clerks and district and county attorneys are required to
keep paper records of official proceedings, and are not permitted to keep
electronic records.  C.S.S.B. 1655 permits counties and county officials
to operate more efficiently and provides express authority for actions
that current law permits by implication. 

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 41.008, Government Code, as follows:

Sec.  41.008.  New heading:  RECORD.  (a)  Requires each district or
county attorney to keep a record of all actions or demands prosecuted or
defended by the person as district or county attorney and all proceedings
held in relation to the attorney's official acts. 

(b)  Authorizes the record required by Subsection (a) to be in a paper
format, an electronic format, or both.  Provides that a computer record of
actions, demands, and proceedings satisfies the requirements of Subsection
(a).   

  (c)  Replaces "register" with "record" in existing text.

(d)  Requires each district and county attorney to deliver any portion of
the record under the attorney's control to the attorney's successor in
office.  

SECTION 2.  Amends Section 791.003(4), Government Code, to define "local
government." 

SECTION 3.  Amends Section 791.013, Government Code, by amending
Subsections (a) and (b) and adding Subsection (d), as follows: 

(a)  Authorizes the parties to the contract to perform certain tasks in
order to supervise the performance of an interlocal contract.  

 (b)  Makes a conforming change.

(d)  Authorizes an administrative agency created under this section to
acquire, apply for, register, secure, hold, protect, and renew under the
laws of this state, another state, the United States, or any other nation
certain intellectual property matters. 

SECTION 4.  Amends Sections 81.003(b) and (c), Local Government Code, as
follows: 

(b)  Authorizes a record to be paper or electronic.  Requires the clerk to
attest to the accuracy of a record of the proceedings of each term of the
court.  Deletes language requiring the county judge or presiding member of
the court to read and sign the record. 
 
 (c)  Makes conforming changes.

SECTION 5.  Amends Subchapter A, Chapter 111, Local Government Code by
adding Section 111.014, as follows: 

Sec.  111.014.  RESERVE ITEM.  Authorizes a county, notwithstanding any
other provision of this subchapter, to establish in the budget a reserve
or contingency item. Requires the item to be included in the itemized
budget under Section 111.004(a) in the same manner as a project for which
an appropriation is established in the budget. 

SECTION 6.  Amends Subchapter B, Chapter 111, Local Government Code, by
adding Section 111.045, as follows: 

Sec.  111.045.  RESERVE ITEM.  Authorizes a county, notwithstanding any
other provision of this subchapter, to establish in the budget a reserve
or contingency item. Requires the item to be included in the itemized
budget under Section 111.034(a) in the same manner as a project for which
an appropriation is established in the budget. 

SECTION 7.  Amends Subchapter C, Chapter 111, Local Government Code, by
adding Section 111.075, as follows: 

Sec.  111.075.  RESERVE ITEM.  Authorizes a county, notwithstanding any
other provision of this subchapter, to establish in the budget a reserve
or contingency item. Requires the item to be included in the itemized
budget under Section 111.063(a) in the same manner as a project for which
an appropriation is established in the budget. 

SECTION 8.  Amends Section 270.007(i), Local Government Code, to prohibit
a county from developing a computer application or software system for the
sole purpose of selling, licensing, or marketing the software application
or software system. 

SECTION 9.  Amends Chapter 270, Local Government Code, by adding Section
270.009, as follows: 

Sec.  270.009.  INTELLECTUAL PROPERTY OF COUNTY.  Authorizes a county to
acquire, apply for, register, secure, hold, protect, and renew under the
laws of this state, another state, the United States, or any other nation
certain intellectual property matters. 

SECTION 10.  Repealer:  Sections 114.042 (Immediate Report to County Clerk
by Officer Who Collects Money), 114.045( District Attorney's Report to
County Clerk at Each Term; County Attorney's Monthly Report), 151.902
(Employment Contracts in County With Population of 500,000 or more), and
270.007(g) (Sale of Computer Software), Local Government Code. 

SECTION 11.  Effective date:  September 1, 2003.