HBA-DMD H.B. 1138 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1138
By: Thompson
County Affairs
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, county clerks (clerks) were allowed to
operate branch offices and use clerk deputies for the purpose of issuing
marriage licenses.  Some clerks felt that they could better serve their
constituents if the clerks were allowed to provide a wider range of
services at these branch offices. H.B. 1138 allows clerks to use branch
offices and clerk deputies for services other than issuing marriage
licenses. This bill also requires a clerk's deputy at a branch office on a
daily basis, to file all original records made at the office during the
previous day no later than the start of the next business day, with the
county clerk's office at the county seat.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 292.006, Local Government Code, as follows:

Sec. 292.006. New Title: BRANCH OFFICE OF COUNTY CLERK. (a) Deletes the
provision stating "for the purpose of issuing marriage licenses" when
referring to a commissioners court's authority to provide the county clerk
with a branch office.  Deletes "for issuance of marriage licenses" from the
existing title. 

(b) Makes no change.

(c) Authorizes a county clerk to authorize the clerk's deputy (deputy) to
work in a branch office to conduct any business as determined by the county
clerk and in accordance with Subsection (d). Deletes the authority of a
deputy who is appointed by the county clerk to take a marriage application
from a person who desires to be licensed to be married, and to issue a
valid marriage license to a qualified applicant. 

(d) Provides that if the recording of instruments or documents in the
county's official records is permitted at a branch office by the county
clerk, the recording must be by electronic means and the electronically
recorded instruments or documents must be available without delay to
members of the public in the county clerk's office at the county seat.
Provides that for purposes of this subsection, an instrument or document is
available if it is capable of being electronically examined by a member of
the public in the county clerk's office at the county seat and placed into
a format and medium that a member of the public can electronically process
using technology that is generally available and nonproprietary.  

(e) Requires a deputy at a branch office on a daily, rather than regular,
basis, to file all original records made at the office during the previous
day, rather than year, no later than the start of the next business day
with the county clerk's office at the county seat.  

SECTION 2.  Emergency clause.
  Effective date: upon passage.