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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