By: Hegar S.B. No. 1259
(In the Senate - Filed March 3, 2009; March 17, 2009, read
first time and referred to Committee on Jurisprudence;
March 30, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; March 30, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1259 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to the 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 OR MICROFILM 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 or on microfilm. A record or document
stored electronically or on microfilm in accordance with this
section is considered an original record or document. If the clerk
stores records or documents electronically or on microfilm, 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 OR MICROFILM 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 or on microfilm. A record or document
stored electronically or on microfilm in accordance with this
section is considered an original record or document. If a clerk
stores records or documents electronically or on microfilm, 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. The changes in law made by this Act apply to a
record or document maintained by the clerk of the Texas Supreme
Court or the clerk of a court of appeals, as applicable, regardless
of whether the record or document was received by the clerk before,
on, or after the effective date of this Act.
SECTION 4. 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.
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