HBA-LCA C.S.H.B. 2063 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2063 By: Solis, Juan Urban Affairs 4/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, only counties may collect a specific records management and preservation fee (fee) for the preservation of ordinances, and birth, death, and fetal death records (records). Health districts and city clerks are also repositories of vital statistics records. C.S.H.B. 2063 allows a county registrar or city clerk to impose fees to assist in the cost of archiving and managing these records, and provides for the collection and deposit of those fees. 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 191.0045, Health and Safety Code, by amending Subsections (d) and (g) and adding Subsection (h), as follows: (d) Makes a conforming change. (g) Makes the application of Subsection (g) provisional to Subsection (h). Makes a conforming change. (h) Provides that a local registrar (registrar) may charge a records management and preservation fee (fee), in addition to other fees charged under this section (Fees). Provides that the fee may not exceed $1 per copy or certified copy of certain specified documents. Provides that revenue generated by the fee may only be used to fund the management and preservation of certain specified vital statistics record as maintained by the registrar. Requires fees collected under this subsection to be deposited to the credit of the records management and preservation fund established under Section 203.003(6), Local Government Code (Duties of Commissioners Court). SECTION 2. Amends Subtitle A, Title 6, Local Government Code, by adding Chapter 190, as follows: CHAPTER 190. MISCELLANEOUS RECORDS PROVISIONS AFFECTING MUNICIPALITIES Sec. 190.001. RECORDS MANAGEMENT AND PRESERVATION FEE. Provides that a municipal clerk (clerk) may impose, in addition to a fee specified under Subchapter F, Chapter 552, Government Code (Public Information) or under another law, a records management and preservation fee in an amount equal to five percent of the amount the clerk would otherwise charge for the copy. SECTION 3. Amends Section 203.003(6), Local Government Code, to include Section 191.0045(h), Health and Safety Code (Fees), to the extent to which it relates to the collection of fees by county and precinct officers, among the statutes under which a commissioners court may establish a records management and preservation fund. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 of the substitute modifies the original SECTION 1 by modifying proposed Subsection (h), Section 191.0045, Health and Safety Code (Fees) to require that fees collected under that subsection be deposited to the credit of the records management and preservation fund established under Section 203.003(b), Local Government Code (Duties of Commissioners Court). SECTION 3 of the substitute amends Section 203.003, Local Government Code (Duties of Commissioners Court), which was not addressed in the original, to include Section 191.0045, Health and Safety Code, as a statute under which a records management and preservation fund may be established, and to make a conforming change. SECTIONS 3 and 4 of the original (effective date; emergency clause) are redesignated to SECTIONS 4 and 5 of the substitute.