81R6404 KFF-D
By: Hughes H.B. No. 1833
A BILL TO BE ENTITLED
AN ACT
relating to the electronic storage of records by the clerks of the
supreme court and the courts of appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 51, Government Code, is
amended by adding Section 51.0045 to read as follows:
Sec. 51.0045. ELECTRONIC STORAGE. (a) In the performance
of the duties imposed by Section 51.004, the clerk of the supreme
court may maintain records and documents in an electronic storage
format. If the clerk electronically stores records or documents,
the clerk may destroy the originals or copies of the records or
documents according to the retention policy described by Subsection
(b).
(b) The clerk of the supreme court shall establish a records
retention policy. The retention policy shall provide a plan for the
storage and retention of records and documents and shall include a
retention period to preserve the records and documents in
accordance with applicable state law and rules of the supreme
court.
(c) For purposes of this section, "electronic storage" has
the meaning assigned by Section 51.105(c).
SECTION 2. Subchapter C, Chapter 51, Government Code, is
amended by adding Section 51.205 to read as follows:
Sec. 51.205. ELECTRONIC STORAGE. (a) In the performance of
the duties imposed by Section 51.204, the clerk of a court of
appeals may maintain records and documents in an electronic storage
format. If a clerk electronically stores records or documents, the
clerk may destroy the originals or copies of the records or
documents according to the retention policy described by Subsection
(b).
(b) The clerk of a court of appeals shall establish a
records retention policy. The retention policy shall provide a
plan for the storage and retention of records and documents and
shall include a retention period to preserve the records and
documents in accordance with Section 51.204 and other applicable
state law and rules of the court of appeals, the supreme court, or
the court of criminal appeals.
(c) For purposes of this section, "electronic storage" has
the meaning assigned by Section 51.105(c).
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.