Texas 2009 - 81st Regular

Texas House Bill HB3995 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Hunter H.B. No. 3995
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the operation of the judiciary.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. JUDICIAL APPOINTMENT AND RETENTION
9	9	SECTION 1.01. Subchapter D, Chapter 22, Government Code, is
10	10	amended by adding Section 22.303 to read as follows:
11	11	Sec. 22.303. APPOINTMENT AND RETENTION OF JUSTICES AND
12	12	JUDGES. (a) This section applies to each office of justice or
13	13	judge for which the Texas Constitution requires a person appointed
14	14	to fill a vacancy in the office to be subject to retention or
15	15	rejection by the voters at the end of the appointed term and each
16	16	successive term.
17	17	(b) In conjunction with the last general election for state
18	18	and county officers to be held before the end of a term of office to
19	19	which a justice or judge is appointed or retained, the justice or
20	20	judge is subject to retention or rejection at the nonpartisan
21	21	judicial retention election in accordance with Chapter 521,
22	22	Election Code.
23	23	(c) If a justice or judge does not seek retention, or
24	24	withdraws from the retention election, as provided by Chapter 521,
25	25	Election Code, the vacancy existing at the beginning of the
26	26	succeeding term shall be filled in the manner prescribed by the
27	27	Texas Constitution.
28	28	(d) If a vacancy occurs in the office of a justice or judge
29	29	seeking retention and the name of the justice or judge is omitted
30	30	from the retention election ballot under Chapter 521, Election
31	31	Code, the vacancy shall be filled in the manner prescribed by the
32	32	Texas Constitution.
33	33	(e) If a majority of the votes received on the question are
34	34	for the retention of the justice or judge, the person is entitled to
35	35	remain in office for a regular term beginning on the first day of
36	36	the following January, unless the person becomes ineligible or is
37	37	removed as provided by law.
38	38	(f) If less than a majority of the votes received on the
39	39	question are for retention, a vacancy in the office exists on the
40	40	first day of the following January, and the vacancy shall be filled
41	41	in the manner prescribed by the Texas Constitution.
42	42	(g) If the name of a justice or judge seeking retention
43	43	appears on the retention election ballot under Chapter 521,
44	44	Election Code, although a vacancy has occurred in the office, the
45	45	retention election for that office has no effect, and the vacancy
46	46	shall be filled in the manner prescribed by the Texas Constitution.
47	47	SECTION 1.02. The Election Code is amended by adding Title
48	48	18 to read as follows:
49	49	TITLE 18. NONPARTISAN JUDICIAL RETENTION ELECTIONS
50	50	CHAPTER 521. RETENTION ELECTION
51	51	Sec. 521.001. DECLARATION OF CANDIDACY. (a) Not later than
52	52	5 p.m. on June 1 preceding the nonpartisan judicial retention
53	53	election at which the justice or judge is subject to retention or
54	54	rejection, a justice or judge who seeks to continue to serve in that
55	55	office must file with the secretary of state a declaration of
56	56	candidacy to succeed to the next term.
57	57	(b) A declaration may not be filed earlier than the 30th day
58	58	before the date of the filing deadline. A declaration filed by mail
59	59	is considered to be filed at the time of its receipt by the
60	60	secretary of state.
61	61	(c) The filling of the subsequent vacancy for the office for
62	62	which a declaration of candidacy is not filed is covered by Section
63	63	22.303, Government Code.
64	64	Sec. 521.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a)
65	65	With respect to withdrawal, death, or ineligibility of a candidate
66	66	in a nonpartisan judicial retention election, this section
67	67	supersedes Subchapter A, Chapter 145, to the extent of any
68	68	conflict.
69	69	(b) A candidate may not withdraw from the retention election
70	70	after the 65th day before election day.
71	71	(c) A withdrawal request must be filed with the secretary of
72	72	state.
73	73	(d) A candidate's name shall be omitted from the retention
74	74	election ballot if the candidate withdraws, dies, or is declared
75	75	ineligible on or before the 65th day before election day.
76	76	(e) If a candidate who has made a declaration of candidacy
77	77	that complies with the applicable requirements dies or is declared
78	78	ineligible after the 65th day before election day, the candidate's
79	79	name shall be placed on the retention election ballot.
80	80	(f) The filling of the subsequent vacancy for the office
81	81	following implementation of Subsection (d) or (e) is covered by
82	82	Section 22.303, Government Code.
83	83	Sec. 521.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
84	84	RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
85	85	(c), the secretary of state shall certify in writing for placement
86	86	on the nonpartisan judicial retention election ballot the name of
87	87	each candidate who files with the secretary a declaration of
88	88	candidacy that complies with Section 521.001.
89	89	(b) Not later than the 55th day before election day, the
90	90	secretary of state shall deliver the certification to the authority
91	91	responsible for having the official ballot prepared in each county
92	92	in which the candidate's name is to appear on the ballot.
93	93	(c) A candidate's name may not be certified if, before
94	94	delivering the certification, the secretary of state learns that
95	95	the name is to be omitted from the ballot under Section 521.002.
96	96	Sec. 521.004. RETENTION ELECTION BALLOT. The name of the
97	97	person subject to retention or rejection shall be submitted to the
98	98	voters on the nonpartisan judicial retention election ballot
99	99	following the offices subject to election under the heading
100	100	"Retention of Nonpartisan Judicial Offices," in substantially the
101	101	following form:
102	102	"Shall (Justice or Judge)_______________________
103	103	______________________________________________
104	104	be retained in office as (justice or judge) of the
105	105	(name of court)_________________________?"
106	106	____"Yes"
107	107	____"No"
108	108	Sec. 521.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
109	109	ELECTION. (a) Except as otherwise provided by this code, the
110	110	nonpartisan judicial retention election shall be conducted and the
111	111	results canvassed, tabulated, and reported in the manner applicable
112	112	to partisan offices in the general election for state and county
113	113	officers.
114	114	(b) A certificate of election shall be issued to a retained
115	115	officer in the same manner as provided for a candidate elected to an
116	116	office.
117	117	Sec. 521.006. WRITE-IN VOTING PROHIBITED. Write-in voting
118	118	is not permitted in a nonpartisan judicial retention election.
119	119	Sec. 521.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A
120	120	candidate for retention of a judicial office is subject to Title 15
121	121	and shall comply with that title in the same manner as a candidate
122	122	for election to the office.
123	123	Sec. 521.008. APPLICABILITY OF OTHER PARTS OF CODE. The
124	124	other titles of this code apply to a nonpartisan judicial retention
125	125	election except provisions that are inconsistent with this title or
126	126	that cannot feasibly be applied in a retention election.
127	127	Sec. 521.009. ADDITIONAL PROCEDURES. The secretary of
128	128	state shall prescribe any additional procedures necessary for the
129	129	orderly and proper administration of elections held under this
130	130	chapter.
131	131	SECTION 1.03. Section 1.005, Election Code, is amended by
132	132	amending Subdivision (9) and adding Subdivisions (25) and (26) to
133	133	read as follows:
134	134	(9) "Independent candidate" means a candidate in a
135	135	nonpartisan election or a candidate in a partisan election who is
136	136	not the nominee of a political party. The term does not include a
137	137	nonpartisan judicial candidate.
138	138	(25) "Nonpartisan judicial candidate" means a
139	139	candidate in a nonpartisan judicial retention election.
140	140	(26) "Nonpartisan judicial retention election" means
141	141	an election held under Chapter 521.
142	142	SECTION 1.04. Section 41.002, Election Code, is amended to
143	143	read as follows:
144	144	Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
145	145	OFFICERS. The general election for state and county officers,
146	146	including the nonpartisan judicial retention election, shall be
147	147	held on the first Tuesday after the first Monday in November in
148	148	even-numbered years.
149	149	SECTION 1.05. Section 52.092, Election Code, is amended by
150	150	amending Subsections (a), (c), and (d) and adding Subsection (f-1)
151	151	to read as follows:
152	152	(a) For an election at which offices regularly filled at the
153	153	general election for state and county officers, including the
154	154	nonpartisan judicial retention election, are to appear on the
155	155	ballot, the offices shall be listed in the following order:
156	156	(1) offices of the federal government;
157	157	(2) offices of the state government:
158	158	(A) statewide offices;
159	159	(B) district offices;
160	160	(3) offices of the county government:
161	161	(A) county offices;
162	162	(B) precinct offices.
163	163	(c) Statewide offices of the state government shall be
164	164	listed in the following order:
165	165	(1) governor;
166	166	(2) lieutenant governor;
167	167	(3) attorney general;
168	168	(4) comptroller of public accounts;
169	169	(5) commissioner of the General Land Office;
170	170	(6) commissioner of agriculture;
171	171	(7) railroad commissioner[;
172	172	[(8) chief justice, supreme court;
173	173	[(9) justice, supreme court;
174	174	[(10) presiding judge, court of criminal appeals;
175	175	[(11) judge, court of criminal appeals].
176	176	(d) District offices of the state government shall be listed
177	177	in the following order:
178	178	(1) member, State Board of Education;
179	179	(2) state senator;
180	180	(3) state representative;
181	181	(4) [chief justice, court of appeals;
182	182	[(5) justice, court of appeals;
183	183	[(6)] district judge;
184	184	(5) [(7)] criminal district judge;
185	185	(6) [(8)] family district judge;
186	186	(7) [(9)] district attorney;
187	187	(8) [(10)] criminal district attorney.
188	188	(f-1) Nonpartisan judicial retention election offices shall
189	189	be listed in the following order:
190	190	(1) chief justice, supreme court;
191	191	(2) justice, supreme court;
192	192	(3) presiding judge, court of criminal appeals;
193	193	(4) judge, court of criminal appeals;
194	194	(5) chief justice, court of appeals;
195	195	(6) justice, court of appeals.
196	196	SECTION 1.06. Section 145.003(b), Election Code, is amended
197	197	to read as follows:
198	198	(b) A candidate in the general election for state and county
199	199	officers, including the nonpartisan judicial retention election,
200	200	may be declared ineligible before the 30th day preceding election
201	201	day by:
202	202	(1) the party officer responsible for certifying the
203	203	candidate's name for placement on the general election ballot, in
204	204	the case of a candidate who is a political party's nominee; or
205	205	(2) the authority with whom the candidate's
206	206	application for a place on the ballot or declaration of candidacy is
207	207	required to be filed, in the case of an independent candidate or a
208	208	nonpartisan judicial candidate, as applicable.
209	209	SECTION 1.07. Section 145.005(a), Election Code, is amended
210	210	to read as follows:
211	211	(a) If the name of a deceased or ineligible candidate
212	212	appears on the ballot [under this chapter], the votes cast for the
213	213	candidate shall be counted and entered on the official election
214	214	returns in the same manner as for the other candidates.
215	215	SECTION 1.08. Section 172.021(e), Election Code, is amended
216	216	to read as follows:
217	217	(e) A candidate for an office specified by Section
218	218	172.024(a)(8) or [,] (10)[, or (12),] or for justice of the peace in
219	219	a county with a population of more than 850,000, who chooses to pay
220	220	the filing fee must also accompany the application with a petition
221	221	for a place on the primary ballot as a candidate for judicial office
222	222	that complies with the requirements prescribed for the petition
223	223	authorized by Subsection (b), except that the minimum number of
224	224	signatures that must appear on the petition required by this
225	225	subsection is 250. If the candidate chooses to file the petition
226	226	authorized by Subsection (b) in lieu of the filing fee, the minimum
227	227	number of signatures required for that petition is increased by
228	228	250. Signatures on a petition filed under this subsection or
229	229	Subsection (b) by a candidate covered by this subsection may not be
230	230	obtained on the grounds of a county courthouse or courthouse annex.
231	231	SECTION 1.09. Section 172.024(a), Election Code, is amended
232	232	to read as follows:
233	233	(a) The filing fee for a candidate for nomination in the
234	234	general primary election is as follows:
235	235	(1) United States senator$5,000
236	236	(2) office elected statewide, except United States
237	237	senator 3,750
238	238	(3) United States representative3,125
239	239	(4) state senator1,250
240	240	(5) state representative750
241	241	(6) member, State Board of Education300
242	242	(7) [chief justice or justice, court of appeals, other
243	243	than a justice specified by Subdivision (8) 1,875
244	244	[(8) chief justice or justice of a court of appeals
245	245	that serves a court of appeals district in which a county with a
246	246	population of more than 750,000 is wholly or partly situated 2,500
247	247	[(9)] district judge or judge specified by Section
248	248	52.092(d) for which this schedule does not otherwise prescribe a
249	249	fee1,500
250	250	(8) [(10)] district or criminal district judge of a
251	251	court in a judicial district wholly contained in a county with a
252	252	population of more than 850,0002,500
253	253	(9) [(11)] judge, statutory county court, other than a
254	254	judge specified by Subdivision (12)1,500
255	255	(10) [(12)] judge of a statutory county court in a
256	256	county with a population of more than 850,0002,500
257	257	(11) [(13)] district attorney, criminal district
258	258	attorney, or county attorney performing the duties of a district
259	259	attorney1,250
260	260	(12) [(14)] county commissioner, district clerk,
261	261	county clerk, sheriff, county tax assessor-collector, county
262	262	treasurer, or judge, constitutional county court:
263	263	(A) county with a population of 200,000 or
264	264	more1,250
265	265	(B) county with a population of under
266	266	200,000750
267	267	(13) [(15)] justice of the peace or constable:
268	268	(A) county with a population of 200,000 or
269	269	more1,000
270	270	(B) county with a population of under
271	271	200,000375
272	272	(14) [(16)] county surveyor, inspector of hides and
273	273	animals, or public weigher75
274	274	(15) [(17)] office of the county government for which
275	275	this schedule does not otherwise prescribe a fee750
276	276	SECTION 1.10. Section 202.001, Election Code, is amended to
277	277	read as follows:
278	278	Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter
279	279	applies to elective offices of the state and county governments
280	280	except the offices of:
281	281	(1) state senator and state representative; and
282	282	(2) justice or judge of an appellate court.
283	283	SECTION 1.11. Section 253.153(a), Election Code, is amended
284	284	to read as follows:
285	285	(a) A judicial candidate or officeholder, a
286	286	specific-purpose committee for supporting or opposing a judicial
287	287	candidate, or a specific-purpose committee for assisting a judicial
288	288	officeholder may not knowingly accept a political contribution
289	289	except during the period:
290	290	(1) beginning on:
291	291	(A) if the office is subject to a nonpartisan
292	292	judicial retention election, the 210th day before the date a
293	293	declaration of candidacy is required to be filed; or
294	294	(B) if the office is not subject to a nonpartisan
295	295	judicial retention election:
296	296	(i) the 210th day before the date an
297	297	application for a place on the ballot or for nomination by
298	298	convention for the office is required to be filed, if the election
299	299	is for a full term; or
300	300	(ii) [(B)] the later of the 210th day
301	301	before the date an application for a place on the ballot or for
302	302	nomination by convention for the office is required to be filed or
303	303	the date a vacancy in the office occurs, if the election is for an
304	304	unexpired term; and
305	305	(2) ending on the 120th day after the date of:
306	306	(A) the general election for state and county
307	307	officers, if:
308	308	(i) the office is subject to a nonpartisan
309	309	judicial retention election; or
310	310	(ii) the candidate or officeholder has an
311	311	opponent in the general election;
312	312	(B) except as provided by Subsection (c), the
313	313	runoff primary election, if the candidate or officeholder is a
314	314	candidate in the runoff primary election and does not have an
315	315	opponent in the general election; or
316	316	(C) except as provided by Subsection (c), the
317	317	general primary election, if the candidate or officeholder is not a
318	318	candidate in the runoff primary election and does not have an
319	319	opponent in the general election.
320	320	SECTION 1.12. Section 172.021(g), Election Code, is
321	321	repealed.
322	322	SECTION 1.13. (a) Each appellate justice or judge in office
323	323	January 1, 2010, unless otherwise removed as provided by law,
324	324	continues in office subject to this section.
325	325	(b) Each appellate justice or judge who is in office January
326	326	1, 2010, is subject to retention or rejection, in the manner
327	327	provided by law for a justice or judge appointed to the office after
328	328	the effective date of this Act, at the last general election
329	329	preceding the expiration of the regular or unexpired term for which
330	330	each was elected or appointed.
331	331	SECTION 1.14. This Article takes effect January 1, 2010,
332	332	but only if the constitutional amendment proposed by the 81st
333	333	Legislature, Regular Session, 2009, providing for filling
334	334	vacancies in appellate judicial offices by appointment and for
335	335	nonpartisan retention elections for those offices is approved by
336	336	the voters. If that amendment is not approved by the voters, this
337	337	Article has no effect.
338	338	ARTICLE 2. JUDICIAL INDEMNIFICATION AND REPRESENTATION
339	339	SECTION 2.01 Section 104.001, Civil Practice and Remedies
340	340	Code, is amended to read as follows:
341	341	Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause
342	342	of action based on conduct described in Section 104.002, the state
343	343	shall indemnify the following persons, without regard to whether
344	344	the persons performed their services for compensation, for actual
345	345	damages, court costs, and attorney's fees adjudged against:
346	346	(1) an employee, a member of the governing board, or
347	347	any other officer of a state agency, institution, or department;
348	348	(2) a former employee, former member of the governing
349	349	board, or any other former officer of a state agency, institution,
350	350	or department who was an employee or officer when the act or
351	351	omission on which the damages are based occurred;
352	352	(3) a physician or psychiatrist licensed in this state
353	353	who was performing services under a contract with any state agency,
354	354	institution, or department or a racing official performing services
355	355	under a contract with the Texas Racing Commission when the act or
356	356	omission on which the damages are based occurred;
357	357	(3-a) a phlebotomist licensed in this state who was
358	358	performing services under a contract with the Texas Department of
359	359	Criminal Justice when the act or omission on which the damages are
360	360	based occurred;
361	361	(4) a chaplain or spiritual advisor who was performing
362	362	services under contract with the Texas Department of Criminal
363	363	Justice, the Texas Youth Commission, or the Texas Juvenile
364	364	Probation Commission when the act or omission on which the damages
365	365	are based occurred;
366	366	(5) a person serving on the governing board of a
367	367	foundation, corporation, or association at the request and on
368	368	behalf of an institution of higher education, as that term is
369	369	defined by Section 61.003(8), Education Code, not including a
370	370	public junior college;
371	371	(6) a state contractor who signed a waste manifest as
372	372	required by a state contract; [or]
373	373	(7) the estate of a person listed in this section;
374	374	(8) a justice of an appellate court, a district judge,
375	375	a presiding judge of an administrative region, or an active,
376	376	retired, or former judge assigned under this chapter in any action
377	377	or suit in any court in which the judge is a defendant because of the
378	378	judge's office, if the judge request the assistance of the attorney
379	379	general in the defense of the suit; or
380	380	(9) an appointee of the supreme court to a judicial
381	381	branch board, commission, or task force or a former appointee to
382	382	such a board, commission, or task force, if the former appointee was
383	383	serving at the time of an alleged act or omission.
384	384	SECTION 2.02. Section 74.141, Government Code, is amended
385	385	to read as follows:
386	386	Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall
387	387	defend an appointee or former appointee of the supreme court, as
388	388	described by Section 104.001(9), Civil Practice and Remedies Code,
389	389	a justice of an appellate court, a state district judge, a presiding
390	390	judge of an administrative region, or an active, retired, or former
391	391	judge assigned under this chapter in any action or suit in any court
392	392	in which the judge is a defendant because of his office as judge if
393	393	the judge requests the attorney general's assistance in the defense
394	394	of the suit.
395	395	ARTICLE 3. JUDICIAL PREPAREDNESS
396	396	SECTION 3.01. Section 74.093(c), Government Code, is
397	397	amended to read as follows:
398	398	(c) The rules may provide for:
399	399	(1) the selection and authority of a presiding judge
400	400	giving preference to a specified class of cases, such as civil,
401	401	criminal, juvenile, or family law cases;
402	402	(2) a coordinated response for the transaction of
403	403	essential judicial functions in the event of a disaster; and
404	404	(3) [(2)] any other matter necessary to carry out this
405	405	chapter or to improve the administration and management of the
406	406	court system and its auxiliary services.
407	407	SECTION 3.02. Section 418.002, Government Code, is amended
408	408	to read as follows:
409	409	Sec. 418.002. PURPOSES. The purposes of this chapter are
410	410	to:
411	411	(1) reduce vulnerability of people and communities of
412	412	this state to damage, injury, and loss of life and property
413	413	resulting from natural or man-made catastrophes, riots, or hostile
414	414	military or paramilitary action;
415	415	(2) prepare for prompt and efficient rescue, care, and
416	416	treatment of persons victimized or threatened by disaster;
417	417	(3) provide a setting conducive to the rapid and
418	418	orderly restoration and rehabilitation of persons and property
419	419	affected by disasters;
420	420	(4) clarify and strengthen the roles of the governor,
421	421	state agencies, the judicial branch, and local governments in
422	422	prevention of, preparation for, response to, and recovery from
423	423	disasters;
424	424	(5) authorize and provide for cooperation in disaster
425	425	mitigation, preparedness, response, and recovery;
426	426	(6) authorize and provide for coordination of
427	427	activities relating to disaster mitigation, preparedness,
428	428	response, and recovery by agencies and officers of this state, and
429	429	similar state-local, interstate, federal-state, and foreign
430	430	activities in which the state and its political subdivisions may
431	431	participate;
432	432	(7) provide an emergency management system embodying
433	433	all aspects of predisaster preparedness and postdisaster response;
434	434	(8) assist in mitigation of disasters caused or
435	435	aggravated by inadequate planning for and regulation of public and
436	436	private facilities and land use; and
437	437	(9) provide the authority and mechanism to respond to
438	438	an energy emergency.
439	439	SECTION 3.03. Section 418.016, Government Code, is amended
440	440	to read as follows:
441	441	Sec. 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES. (a)
442	442	The governor may suspend the provisions of any regulatory statute
443	443	prescribing the procedures for conduct of state business or the
444	444	orders or rules of a state agency if strict compliance with the
445	445	provisions, orders, or rules would in any way prevent, hinder, or
446	446	delay necessary action in coping with a disaster.
447	447	(b) Notwithstanding any other law, the supreme court may
448	448	exercise the court's inherent authority by rule or by order or on a
449	449	case by case basis, with or without the consent of the parties, to
450	450	suspend procedures for the conduct of any court proceeding affected
451	451	by a disaster. This authority includes the authority to:
452	452	(1) provide abatements and stays;
453	453	(2) toll or modify other filings and service
454	454	deadlines;
455	455	(3) provide for hearings or trials at locations other
456	456	than the county of suit;
457	457	(4) provide for courts of appeals to accept filings
458	458	and hear arguments in remote courthouses; and
459	459	(5) provide for alternative notice requirements.
460	460	(c) In the event that a disaster prevents the supreme court
461	461	from acting, the chief justice may act on behalf of the supreme
462	462	court. In the event that a disaster prevents either the supreme
463	463	court or the chief justice from acting, the court of criminal
464	464	appeals may act on behalf of the chief justice. In the event that a
465	465	disaster prevents the supreme court, the chief justice, or the
466	466	court of criminal appeals from acting, the presiding judge of the
467	467	court of criminal appeals may act on behalf of the court of criminal
468	468	appeals.
469	469	SECTION 3.04. Section 418.042(b), Government Code, is
470	470	amended to read as follows:
471	471	(b) In preparing and revising the state emergency
472	472	management plan, the division shall seek the advice and assistance
473	473	of local government, the judicial branch, business, labor,
474	474	industry, agriculture, civic organizations, volunteer
475	475	organizations, and community leaders.
476	476	ARTICLE 4. ELECTRONIC STORAGE OF CERTAIN RECORDS
477	477	SECTION 4.01. Subchapter A, Chapter 51, Government Code, is
478	478	amended to read as follows:
479	479	Sec. 51.0045. ELECTRONIC STORAGE. (a) In the performance
480	480	of the duties imposed by Section 51.004, the clerk of the supreme
481	481	court may maintain records and documents in an electronic storage
482	482	format or on microfilm or microfiche. When a document is filed
483	483	electronically, the electronic document maintained by the clerk is
484	484	the original. If the clerk stores records or documents in an
485	485	electronic storage format or on microfilm or microfiche, the clerk
486	486	may destroy the originals or copies of the records or documents
487	487	according to the retention policy described by Subsection (b).
488	488	(b) The clerk of the supreme court shall establish a records
489	489	retention policy. The retention policy shall provide a plan for the
490	490	storage and retention of records and documents and shall include a
491	491	retention period to preserve the records and documents in
492	492	accordance with applicable state law and rules of the supreme
493	493	court.
494	494	(c) For purposes of this section, "electronic storage" has
495	495	the meaning assigned by Section 51.105(c).
496	496	SECTION 4.02. Subchapter C, Chapter 51, Government Code, is
497	497	amended by adding Section 51.205 to read as follows:
498	498	Sec. 51.205. ELECTRONIC STORAGE. (a) In the performance of
499	499	the duties imposed by Section 51.204, the clerk of a court of
500	500	appeals may maintain records and documents in an electronic storage
501	501	format or on microfilm or microfiche. When a document is filed
502	502	electronically, the electronic document maintained by the clerk is
503	503	the original. If the clerk stores records or documents in an
504	504	electronic storage format or on microfilm or microfiche, the clerk
505	505	may destroy the originals or copies of the records or documents
506	506	according to the retention policy described by Subsection (b).
507	507	(b) The clerk of a court of appeals shall establish a
508	508	records retention policy. The retention policy shall provide a
509	509	plan for the storage and retention of records and documents and
510	510	shall include a retention period to preserve the records and
511	511	documents in accordance with Section 51.204 and other applicable
512	512	state law and rules of the court of appeals, the supreme court, or
513	513	the court of criminal appeals.
514	514	(c) For purposes of this section, "electronic storage" has
515	515	the meaning assigned by Section 51.105(c).
516	516	SECTION 4.03. The change in law made by this Article applies
517	517	to records received by a clerk before, on or after the effective
518	518	date.
519	519	ARTICLE 5. EFFECTIVE DATE
520	520	SECTION 5.01. Except as otherwise provided by this Act, this
521	521	Act takes effect immediately if it receives a vote of two-thirds of
522	522	all the members elected to each house, as provided by Section 39,
523	523	Article III, Texas Constitution. If this Act does not receive the
524	524	vote necessary for immediate effect, this Act takes effect
525	525	September 1, 2009.