By: Hegar S.B. No. 1228
(Jackson)
A BILL TO BE ENTITLED
AN ACT
relating to the duties of district clerks regarding certain
electronic filing systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.21, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A district clerk is exempt from the requirements of
Subsections (a)(4) and (5) if the electronic filing system used by
the clerk for accepting electronic documents or electronic digital
media from an attorney representing the state does not have the
capability of accepting electronic filings from a defendant and the
system was established or procured before June 1, 2009. If the
electronic filing system described by this subsection is
substantially upgraded or is replaced with a new system, the
exemption provided by this subsection is no longer applicable.
SECTION 2. 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, 2011.