86R5184 CAE-F
By: Clardy H.B. No. 685
A BILL TO BE ENTITLED
AN ACT
relating to immunity from liability of a court clerk and county for
the disclosure or release of certain court documents and
information contained in the court documents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 51, Government Code, is
amended by adding Section 51.609 to read as follows:
Sec. 51.609. IMMUNITY FROM LIABILITY FOR DISCLOSURE OR
RELEASE OF COURT DOCUMENTS. (a) In this section:
(1) "Court clerk" means the clerk of a district court,
county court, statutory county court, or probate court.
(2) "State court document database" means a database
accessible by the public and established or authorized by the
supreme court for storing documents filed with a court in this
state.
(b) A court clerk is not responsible for the management or
removal of a document from a state court document database and is
not liable for damages resulting from the release of a document in
the database if the clerk in good faith performs the duties as clerk
as provided by law and the Texas Rules of Civil Procedure.
(c) A court clerk, the county in which the court is located,
and the commissioners court of the county in which the court is
located are immune from suit and from liability for the release or
disclosure by a third party of information that is confidential or
otherwise prohibited from disclosure by law, rule, or court order
and that is accessed from a state court document database.
(d) A court clerk is not liable for the release of a sealed
or confidential document in the clerk's custody unless the clerk
acted intentionally, or with malice, reckless disregard, or gross
negligence in the release of the document.
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, 2019.