S.B. No. 1259
AN ACT
relating to the management of certain courts, including the storage
of records by the clerks of the supreme court and the courts of
appeals and the creation of an appellate judicial system for the
Seventh Court of Appeals District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 22, Government Code, is
amended by adding Section 22.2081 to read as follows:
Sec. 22.2081. APPELLATE JUDICIAL SYSTEM. (a) The
commissioners court of each county in the Seventh Court of Appeals
District, by order entered in its minutes, shall establish an
appellate judicial system to:
(1) assist the court of appeals for the county in the
disposition of appeals filed with the court of appeals from the
county courts, statutory county courts, probate courts, and
district courts; and
(2) defray costs and expenses incurred by the county
under Section 22.208.
(b) To fund the system, the commissioners court shall set a
court costs fee of $5 for each civil suit filed in a county court,
statutory county court, probate court, or district court in the
county.
(c) The court costs fee does not apply to a suit filed by the
county or to a suit for delinquent taxes.
(d) The court costs fee shall be taxed, collected, and paid
as other court costs in a suit. The clerk of the court shall collect
the court costs fee set under this section and pay it to the county
officer who performs the county treasurer's functions. That
officer shall deposit the fee in a separate appellate judicial
system fund for the court of appeals district. The fund may not be
used for any other purpose. The chief justice of the court of
appeals has sole discretion as to the use of the fund.
(e) The commissioners court shall monthly order the funds
collected under this section to be forwarded to the court of appeals
for expenditures by the court of appeals for its appellate judicial
system.
(f) The commissioners court shall vest management of the
system in the chief justice of the court of appeals.
SECTION 2. (a) Subchapter A, Chapter 51, Government Code,
is amended by adding Sections 51.0045 and 51.0046 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).
Sec. 51.0046. PRIVACY OF CERTAIN RECORDS AND DOCUMENTS;
LIABILITY. (a) The supreme court shall adopt rules establishing
procedures for protecting personal information contained in
records and documents stored by the clerk of an appellate court in
an electronic storage format and for accessing those records and
documents. The supreme court by rule shall define "personal
information" for purposes of this section.
(b) A person who complies with the rules adopted by the
supreme court under this section is not liable for damages arising
from the disclosure of personal information that is included in
records or documents stored in an electronic storage format.
(c) For purposes of this section, "electronic storage" has
the meaning assigned by Section 51.105(c).
(b) Notwithstanding any other provision of this Act,
Section 51.0046, Government Code, as added by this section, applies
to a record or document maintained by a clerk of an appellate court
that is received by the clerk after the effective date of the rules
adopted in accordance with Section 51.0046, Government Code.
SECTION 3. Subchapter B, Chapter 51, Government Code, is
amended by adding Section 51.1045 to read as follows:
Sec. 51.1045. ELECTRONIC DOCUMENTS AND DIGITAL MULTIMEDIA
EVIDENCE. (a) In this section, "digital multimedia evidence" has
the meaning assigned by Article 2.21, Code of Criminal Procedure.
(b) The clerk of the court of criminal appeals may accept
electronic documents and digital multimedia evidence received from
a defendant, an applicant for a writ of habeas corpus, the clerk of
the convicting court, a court reporter, or an attorney representing
the state.
SECTION 4. Subsection (a), Section 51.105, Government Code,
is amended to read as follows:
(a) In the performance of the duties imposed by Section
51.104, the clerk of the court of criminal appeals may maintain
writs and other 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 [electronically] stores
writs, records, or documents electronically or on microfilm, the
clerk may destroy the originals or copies of the writs, records, or
documents according to the retention policy described by Subsection
(b).
SECTION 5. 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 6. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.06115 to read as follows:
Sec. 101.06115. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT
CODE. The clerk of a district court in the Seventh Court of Appeals
District shall collect an appellate judicial system filing fee of
$5 under Section 22.2081.
SECTION 7. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08114 to read as follows:
Sec. 101.08114. ADDITIONAL STATUTORY COUNTY COURT FEES:
GOVERNMENT CODE. The clerk of a statutory county court in the
Seventh Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2081.
SECTION 8. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.10114 to read as follows:
Sec. 101.10114. ADDITIONAL STATUTORY PROBATE COURT FEES:
GOVERNMENT CODE. The clerk of a statutory probate court in the
Seventh Court of Appeals District shall collect an appellate
judicial system filing fee of $5 under Section 22.2081.
SECTION 9. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12123 to read as follows:
Sec. 101.12123. ADDITIONAL COUNTY COURT FEES: GOVERNMENT
CODE. The clerk of a county court in a county in the Seventh Court
of Appeals District shall collect an appellate judicial system
filing fee of $5 under Section 22.2081.
SECTION 10. Article 2.21, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (k) to
read as follows:
(a) In a criminal proceeding, a clerk of the district or
county court shall:
(1) receive and file all papers;
(2) receive all exhibits at the conclusion of the
proceeding;
(3) issue all process; [and]
(4) accept and file electronic documents received from
the defendant, if the clerk accepts electronic documents from an
attorney representing the state;
(5) accept and file digital multimedia evidence
received from the defendant, if the clerk accepts digital
multimedia evidence from an attorney representing the state; and
(6) perform all other duties imposed on the clerk by
law.
(k) In this article, "digital multimedia evidence" means
evidence stored or transmitted in a binary form and includes data
representing documents, audio, video metadata, and any other
information attached to a digital file.
SECTION 11. Sections 51.0045 and 51.205, Government Code,
as added by this Act, and Section 51.105, Government Code, as
amended by this Act, apply to a record or document maintained by the
clerk of the Texas Supreme Court, the clerk of the Texas Court of
Criminal Appeals, 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 12. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1259 passed the Senate on
April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2009, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1259 passed the House, with
amendments, on May 12, 2009, by the following vote: Yeas 142,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor