HBA-JEK C.S.S.B. 1586 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1586
By: Moncrief
Public Health
5/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The bureau of vital statistics (bureau) of the Texas Department of Health
records all births, deaths, marriages, and divorces in Texas (vital
records).  The information maintained by the bureau is used to plan and
evaluate public health programs and to identify specific problem areas.
Each year, the bureau registers almost 750,000 documents and the public
requests more than 200,000 searches for documents.  As Texas is the fastest
growing state in the nation, the volume of vital records in the state has
increased.  A more efficient electronic system could better support the
large volume of vital records and search requests. C.S.S.B. 1586 raises the
fees related to birth and death certificates and authorizes fees collected
under the provisions of this bill to be used only for the development of an
electronic reporting system to maintain records. 

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. 

ANALYSIS

C.S.S.B. 1586 amends the Health and Safety and Local Government codes to
increase the fee that the bureau of vital statistics of the Texas
Department of Health is required to charge for issuing a certified copy of
a certificate of a birth, issuing a wallet-sized certification of birth,
and conducting a search for a certificate of birth from $2 to $5.  The bill
requires $2 of this fee to be credited to the general revenue fund and $3
to be credited to the vital statistics fund.  C.S.S.B. 1586 requires the
bureau to collect an additional $2 fee for issuing a certified copy of a
death certificate for deposit in the state treasury to the credit of the
vital statistics fund. 

C.S.S.B. 1586 requires a local registrar or county clerk who collects a fee
for a certified copy of a birth certificate to retain $1.40 and to remit
$3.60 to the comptroller of public accounts (comptroller), half to be
deposited in the general revenue fund and half to be deposited in the vital
statistics fund.  The bill also requires a local registrar or county clerk
to remit $1 of the fee charged for a certified copy of a death certificate
to the comptroller for deposit in the vital statistics fund.  The bill
authorizes a local registrar or county clerk to use retained fees only for
administrative costs, the management and preservation of records, and the
improvement of vital statistics systems and programs. The bill authorizes
the bureau to use vital statistics fund fees collected under the provisions
of this bill only for certain systems, developments, improvements, and
enhancements of electronic reporting systems. 

C.S.S.B. 1586 authorizes a local registrar to issue copies of certain
records without a fee, and requires the state registrar or a local
registrar to issue a certificate necessary for admission to school without
a fee on the request of a child's parent or guardian who furnishes copies
of official state documents verifying participation in the food stamp
program, Medicaid, Temporary Assistance for Needy Families, or the
children's health insurance program. The bill repeals law establishing the
work and family policies fund.  


 EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1586 differs from the original bill by requiring the state
registrar or a local registrar to issue a certificate necessary for
admission to school without a fee on the request of a child's parent or
guardian who furnishes copies of official state documents verifying
participation in the food stamp program, Medicaid, Temporary Assistance for
Needy Families, or the children's health insurance program.  The substitute
provides the option of using the vital statistics fund for acquiring an
electronic system for attorneys and district courts to report information
to the bureau of vital statistics and for reporting deaths in cooperation
with other states and the federal government, rather than only for
developing such systems.