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.