By: Clardy, et al. (Senate Sponsor - Hughes) H.B. No. 685
(In the Senate - Received from the House April 24, 2019;
April 25, 2019, read first time and referred to Committee on State
Affairs; May 10, 2019, reported favorably by the following vote:
Yeas 9, Nays 0; May 10, 2019, sent to printer.)
Click here to see the committee vote
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 the supreme court
or the court of criminal appeals or the clerk of a court of appeals
district court, county court, statutory county court, statutory
probate court, justice court, or municipal 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) If a court clerk in good faith performs the duties as a
clerk as provided by law and the Texas Rules of Civil Procedure, the
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 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.
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