HBA-MPM H.B. 836 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 836
By: King, Tracy
Public Health
6/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Records in Texas are sealed 50 years after the date of a person's birth and
25 years after a person's death.  Because indexes to these records are not
addressed directly in the Government Code, many county clerks seal the
indexes along with the actual records.  This causes problems for
genealogists and people searching for relatives.  Additionally, many county
clerks have expressed confusion as to whether or not they should seal the
indexes with the records.  H.B. 836 allows the indexes to be open to the
public while still keeping the actual records sealed.  Additionally, this
bill limits the public's access to a general birth index or a summary birth
index with respect to certain issues of adoption and paternity. 

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 552.115, Government Code, to include a local
registration official, as well as the bureau of statistics of the Texas
Department of Health, among those entities exempted from the requirements
of Section 552.021 (Availability of Public Information), Government Code,
with respect to the maintenance of a birth or death record, with the
exceptions included in this section.  Provides that birth and death records
are available to the public after the 50th and 25th anniversary of the
person's date of birth or death as shown on the record, respectively.
Provides  that a general birth or death index established or maintained by
the bureau of vital statistics or a local registration official is public
information and available to the public on the anniversary of the date on
which the record becomes public as specified in this section.  Makes an
additional exception under this section that a summary birth or death index
established or maintained by the bureau of vital statistics or a local
registration official is public information and available to the public.
Provides that  the public's access to a general birth index or summary
birth index is restricted if it reveals the fact of an adoption or
paternity determination or if it contains specific identifying information
relating to the parents of a child who is the subject of an adoption. 

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