| 1 | 1 | | 81R7509 KLA-D |
|---|
| 2 | 2 | | By: Keffer H.B. No. 2078 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the transfer by certain courts of historic court |
|---|
| 8 | 8 | | documents to a designated official repository. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 22, Government Code, is |
|---|
| 11 | 11 | | amended by adding Section 22.304 to read as follows: |
|---|
| 12 | 12 | | Sec. 22.304. OFFICIAL REPOSITORY FOR HISTORIC COURT |
|---|
| 13 | 13 | | DOCUMENTS. (a) Subject to the requirements and limitations of this |
|---|
| 14 | 14 | | section, the supreme court, the court of criminal appeals, or a |
|---|
| 15 | 15 | | court of appeals, at the discretion of the court's chief justice or |
|---|
| 16 | 16 | | presiding judge, as applicable, may designate a museum as an |
|---|
| 17 | 17 | | official repository for the public display of historic court |
|---|
| 18 | 18 | | documents and may transfer those documents to the designated |
|---|
| 19 | 19 | | museum. |
|---|
| 20 | 20 | | (b) To be designated as an official repository under this |
|---|
| 21 | 21 | | section, a museum must be exempt from taxation under Section |
|---|
| 22 | 22 | | 501(a), Internal Revenue Code of 1986, by being listed under |
|---|
| 23 | 23 | | Section 501(c)(3), Internal Revenue Code of 1986. |
|---|
| 24 | 24 | | (c) A document may be transferred to the custody of an |
|---|
| 25 | 25 | | official repository only: |
|---|
| 26 | 26 | | (1) after the final disposition of the case or |
|---|
| 27 | 27 | | proceeding in which the document was filed; and |
|---|
| 28 | 28 | | (2) if the document is of significance to the |
|---|
| 29 | 29 | | jurisprudence of this state. |
|---|
| 30 | 30 | | (d) The following may not be transferred to the custody of |
|---|
| 31 | 31 | | an official repository: |
|---|
| 32 | 32 | | (1) a document contained in a court record that is |
|---|
| 33 | 33 | | sealed in accordance with law; or |
|---|
| 34 | 34 | | (2) a document that, at the time the case or proceeding |
|---|
| 35 | 35 | | in which the document was filed was pending, a person with respect |
|---|
| 36 | 36 | | to whom the document relates was a minor or otherwise |
|---|
| 37 | 37 | | incapacitated. |
|---|
| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 42 | 42 | | Act takes effect September 1, 2009. |
|---|