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1 | 1 | By: Hegar S.B. No. 1228 | |
2 | 2 | (Jackson) | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the duties of district clerks regarding certain | |
8 | 8 | electronic filing systems. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Article 2.21, Code of Criminal Procedure, is | |
11 | 11 | amended by adding Subsection (a-1) to read as follows: | |
12 | 12 | (a-1) A district clerk is exempt from the requirements of | |
13 | 13 | Subsections (a)(4) and (5) if the electronic filing system used by | |
14 | 14 | the clerk for accepting electronic documents or electronic digital | |
15 | 15 | media from an attorney representing the state does not have the | |
16 | 16 | capability of accepting electronic filings from a defendant and the | |
17 | 17 | system was established or procured before June 1, 2009. If the | |
18 | 18 | electronic filing system described by this subsection is | |
19 | 19 | substantially upgraded or is replaced with a new system, the | |
20 | 20 | exemption provided by this subsection is no longer applicable. | |
21 | 21 | SECTION 2. This Act takes effect immediately if it receives | |
22 | 22 | a vote of two-thirds of all the members elected to each house, as | |
23 | 23 | provided by Section 39, Article III, Texas Constitution. If this | |
24 | 24 | Act does not receive the vote necessary for immediate effect, this | |
25 | 25 | Act takes effect September 1, 2011. |