82R10684 CAE-D
By: Davis of Dallas H.B. No. 2861
A BILL TO BE ENTITLED
AN ACT
relating to documents filed with a district, county, or court
clerk.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.304, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The plan must:
(1) require the recording and filing of original
instruments, records, and minutes within a specified time after
presentation to the district clerk;
(2) require [permit] the use of original paper records
in a proceeding before the court;
(3) provide standards for the organizing,
identifying, coding, and indexing of records so a record can be
retrieved rapidly and the reproduced record can be certified as a
true and correct copy;
(4) provide for the use of materials to reproduce
records and, if appropriate to the method by which records are
stored, provide for the use of processes relating to the
development, fixation, and washing of the photographic duplicates,
that are of a quality approved for permanent photographic records
by the American National Standards Institute, or another nationally
recognized entity that establishes archival standards for mediums
used to store data and records; and
(5) provide for the permanent retention of records,
including security provisions to guard against physical loss,
alteration, and deterioration.
(c) The plan adopted by the district clerk under this
section must require that all original paper documents in a case be
retained by the clerk pending the final disposition of all
proceedings in the case.
SECTION 2. Section 51.805(a), Government Code, is amended
to read as follows:
(a) A receiving station, on completion of an electronic
filing, shall:
(1) transmit data to the appropriate court as required
as an original paper document; and
(2) distribute data as required by statute or rule.
SECTION 3. The changes in law made by this Act apply to a
document filed with a clerk on or after the effective date of this
Act. A document filed before the effective date of this Act is
governed by the law in effect on the date the document was filed,
and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.