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,-... :!! ~ >- ¡g 11 Q<:z:1 Cl ~.- e ,::.:!. r- ¡.-<'O <.) - w:¡¡¡¡ 11I~ IYO Q:: s:;: . I fto fd. ~ ""',¡~ , a en .... \W~ g §i ORDINANCE 1997- ()9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CITY CODE SECTION 2.481 TO ESTABLISH A FEE TO BE CHARGED BY THE CITY SECRETARY'S OFFICE FOR PERFORMING SEARCHES OF VITAL STATISTICS RECORDS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: 1. Texas Health and Safety Code §191.0045(a)(1) authorizes the Texas Department of Health, Bureau of Vital Statistics, to charge fees for performing searches of vital statistics records. 2. Health and Safety Code §191.0045(d) provides for the City Secretary, as local registrar of vital statistics records for San Marcos, to charge the same fees as the State for issuing certified copies of vital statistics records, but State law does not provide for or preclude the charging of fees by the City Secretary for performing searches of vital statistics records. 3. The City Council wishes to authorize the City Secretary to charge the same fees as the State for performing searches of vital statistics records. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 2.481 of the City Code is amended as follows: Sec. 2.481. Vital Statistics Certification of birth and death records; fee§. .(ill The local registrar of the city shall, upon request, supply to any properly qualified applicant a certified copy of any birth, death or fetal death stillbirth record in the possession of the r-egistrar. The local registrar shall charge the same fee for these copies as is charged by the state agency that maintains vital statistics records. For the making and certification of each certified copy, the local registrar is entitled to a fee established by the city council, to be paid by the applicant. (Q) The local registrar shall charge the same fee for performing searches of birth. death and fetal death records as is charged by the state agency that maintains vital statistics records. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and the City Secretary will publish notice of its adoption in a newspaper of general circulation in the City. PASSED AND APPROVED on first reading October 13, 1997. PASSED AND APPROVED on second reading October 27, 1997.