By:  Janek                                                        S.B. No. 1553
	(In the Senate - Filed March 14, 2003; March 20, 2003, read 
first time and referred to Committee on Health and Human Services; 
April 22, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 6, Nays 1; April 22, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1553                                   By:  Janek

A BILL TO BE ENTITLED
AN ACT
relating to fees for copies of birth and death certificates. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 191.0045, Health and Safety Code, is amended by amending Subsections (d) through (g) and adding Subsection (h) to read as follows: (d) A local registrar who issues a certified copy of a birth or death certificate shall charge the same fees as charged by the bureau of vital statistics, including the additional fees [fee] required under Subsections [Subsection] (e) and (h), except as provided by Subsection (g). (e) In addition to fees collected by the bureau of vital statistics under Subsection (b), the bureau shall collect an additional $5 [$2] fee for each of the following: (1) issuing a certified copy of a certificate of birth; (2) issuing a wallet-sized certification of birth; and (3) conducting a search for a certificate of birth. (f) The fees collected under Subsection (e) shall be deposited in the state treasury as follows: (1) $2 to the credit of the general revenue fund; and (2) $3 to the credit of the vital statistics fund to be used only for the purposes prescribed by Sections 191.005(b) and (d) [work and family policies fund. Money in the fund may be used only for the purposes prescribed by Section 81.006(a), Labor Code]. (g) A local registrar that on March 31, 1995, was charging a fee for the issuance of a certified copy of a birth certificate that exceeded the fee charged by the bureau of vital statistics for the same type of certificate may continue to do so but shall not raise this fee until the fee charged by the bureau exceeds the fee charged by the local registrar. A local registrar to which this subsection applies shall charge the additional fees [fee] as required under Subsections [Subsection] (e) and (h). (h) In addition to fees collected by the bureau of vital statistics under Subsections (b) and (e), the bureau shall collect an additional $2 fee for issuing a certified copy of a death certificate. The fees shall be deposited in the state treasury to the credit of the vital statistics fund. SECTION 2. Section 191.005, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows: (b) The legislature shall make appropriations to the department from the fund to be used to defray expenses incurred in the administration, [and] enforcement, and enhancement of the system of vital statistics. (d) From funds appropriated by the legislature, the department may award grants to local registration offices for enhancements to local systems in accordance with rules adopted by the board. SECTION 3. Section 191.022, Health and Safety Code, is amended by amending Subsection (f) and adding Subsections (g) and (h) to read as follows: (f) A local registrar who collects a fee for a certified copy of a birth certificate shall retain $1.70 [deduct 20 cents] of that fee [to apply to the registrar's administrative costs] and remit $3.30 [$1.80] of that fee to the comptroller. The comptroller shall [for] deposit $1.80 in the general revenue fund and $1.50 in the vital statistics [work and family policies] fund. (g) A local registrar who collects a fee for a certified copy of a death certificate shall remit $1 of that fee to the comptroller for deposit in the vital statistics fund. (h) A local registrar may use the fee retained under Subsection (f) only for administering the system of vital statistics. SECTION 4. Section 118.015, Local Government Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) A county clerk who collects a fee under this section for a certified copy of a birth certificate shall retain $1.70 [deduct 20 cents] of that fee [to apply to the clerk's administrative costs]and remit $3.30 [$1.80] of that fee to the comptroller. The comptroller shall [for] deposit $1.80 in the general revenue fund and $1.50 in the vital statistics [work and family policies] fund. (c) A county clerk who collects a fee for a certified copy of a death certificate shall remit $1 of that fee to the comptroller for deposit in the vital statistics fund. (d) A county clerk may use the fee retained under Subsection (b) only for administering the system of vital statistics. SECTION 5. Section 81.007, Labor Code, is amended to read as follows: Sec. 81.007. RULES. The commission by rule may adopt procedures to implement functions under Sections 81.004 and[,] 81.005[, and 81.006(b)]. In adopting rules under this section, the commission shall consider the recommendations of the clearinghouse staff. SECTION 6. Section 81.006, Labor Code, is repealed. SECTION 7. This Act takes effect September 1, 2003.
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