Texas House Bill HB1728

Texas 2013 - 83rd Regular

Caption

Relating to the use of an unsworn declaration, the disposition of certain court exhibits, and the seal of a constitutional county court or county clerk.

Impact

The bill is expected to streamline court operations by allowing for the electronic transmission and authentication of documents, which can lead to greater efficiency in the judicial process. One of the notable provisions is the ability for county clerks to use electronic signatures and seals on official documents, making it easier to manage records and improving public access to court services. The bill also outlines specific timelines for disposing of court exhibits, thus providing clarity on how long certain materials must be retained following a conviction.

Summary

House Bill 1728 addresses the use of unsworn declarations, the management and disposition of specific court exhibits, and the operational procedures for the seal of constitutional county courts and county clerks. This legislation includes amendments to existing sections of the Civil Practice and Remedies Code, the Code of Criminal Procedure, and the Local Government Code. The amendments aim to modernize the way courts and clerks manage documentation and official proceedings, particularly through the use of electronic means.

Contention

While the bill is largely technical in nature, points of contention may arise regarding the security and integrity of electronic documents. Concerns may be raised about ensuring that electronic means of approval do not compromise the authenticity of legal documents. Additionally, there could be debates within the legal community about the implications of allowing unsworn declarations in lieu of sworn statements, particularly concerning accountability and the potential for misuse.