HBA-AMW S.B. 1800 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1800
By: Brown, J. E. "Buster"
State Affairs
5/10/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law is ambiguous regarding how the records of the office of the
lieutenant governor are to be handled if the lieutenant governor assumes
the office of the governor after a vacancy occurs in the office of the
governor.  Senate Bill 1800 clarifies that the records may be transferred
to the office of the governor. 

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

Senate Bill 1800 amends the Government and Penal codes to authorize a
lieutenant governor who vacates the office of lieutenant governor to
complete the unexpired term of the governor to transfer the records of the
office of the lieutenant governor created or received during that
lieutenant governor's term of office to the office of the governor
(transfer of records).  The bill provides that records of the office of
lieutenant governor that are part of a transfer of records must be
maintained separate and distinct from records created or received from the
office of the governor.  The transferred records must be listed separately
and distinctly on the records retention schedule of the office of the
governor. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies regardless of whether the
transfer occurred before, on, or after the effective date of the Act.