| 1 | 1 | | 81R6404 KFF-D |
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| 2 | 2 | | By: Hughes H.B. No. 1833 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the electronic storage of records by the clerks of the |
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| 8 | 8 | | supreme court and the courts of appeals. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 51, Government Code, is |
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| 11 | 11 | | amended by adding Section 51.0045 to read as follows: |
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| 12 | 12 | | Sec. 51.0045. ELECTRONIC STORAGE. (a) In the performance |
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| 13 | 13 | | of the duties imposed by Section 51.004, the clerk of the supreme |
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| 14 | 14 | | court may maintain records and documents in an electronic storage |
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| 15 | 15 | | format. If the clerk electronically stores records or documents, |
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| 16 | 16 | | the clerk may destroy the originals or copies of the records or |
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| 17 | 17 | | documents according to the retention policy described by Subsection |
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| 18 | 18 | | (b). |
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| 19 | 19 | | (b) The clerk of the supreme court shall establish a records |
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| 20 | 20 | | retention policy. The retention policy shall provide a plan for the |
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| 21 | 21 | | storage and retention of records and documents and shall include a |
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| 22 | 22 | | retention period to preserve the records and documents in |
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| 23 | 23 | | accordance with applicable state law and rules of the supreme |
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| 24 | 24 | | court. |
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| 25 | 25 | | (c) For purposes of this section, "electronic storage" has |
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| 26 | 26 | | the meaning assigned by Section 51.105(c). |
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| 27 | 27 | | SECTION 2. Subchapter C, Chapter 51, Government Code, is |
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| 28 | 28 | | amended by adding Section 51.205 to read as follows: |
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| 29 | 29 | | Sec. 51.205. ELECTRONIC STORAGE. (a) In the performance of |
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| 30 | 30 | | the duties imposed by Section 51.204, the clerk of a court of |
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| 31 | 31 | | appeals may maintain records and documents in an electronic storage |
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| 32 | 32 | | format. If a clerk electronically stores records or documents, the |
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| 33 | 33 | | clerk may destroy the originals or copies of the records or |
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| 34 | 34 | | documents according to the retention policy described by Subsection |
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| 35 | 35 | | (b). |
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| 36 | 36 | | (b) The clerk of a court of appeals shall establish a |
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| 37 | 37 | | records retention policy. The retention policy shall provide a |
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| 38 | 38 | | plan for the storage and retention of records and documents and |
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| 39 | 39 | | shall include a retention period to preserve the records and |
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| 40 | 40 | | documents in accordance with Section 51.204 and other applicable |
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| 41 | 41 | | state law and rules of the court of appeals, the supreme court, or |
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| 42 | 42 | | the court of criminal appeals. |
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| 43 | 43 | | (c) For purposes of this section, "electronic storage" has |
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| 44 | 44 | | the meaning assigned by Section 51.105(c). |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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