BILL ANALYSIS



H.B. 3201
By: Romo
April 10, 1995
Committee Report (Unamended)


BACKGROUND

     Municipal courts, especially larger city operations,
experience recordkeeping problems such as a large volume of paper
records, limited space to store documents, an ongoing need to
account for and produce an official record, a need for quick access
and retrieval, and the need for a stable storage medium. 
Electronic technology is available that could address these
recordkeeping problems for municipal court systems in the form of
optical imaging technology.  This electronic technology allows for
storage and retrieval of images of original legal documents by the
use of computer disk space or compact disk.  This technology can
effectively eliminate the need to retrieve the original hard copy
document in order to produce an official record.  Legal acceptance
of optical imaging technology as a storage medium has been
addressed at the federal level and other states have adopted its
use.  At the federal level, the law currently allows for the
admission of printouts or screen images as evidence in federal
courts, and at least 28 states have adopted the Uniform Rules of
Evidence.  These rules state that any printout or output that is
legible by sight and can be shown to accurately reproduce the
o6riginal document is admissible as evidence.


PURPOSE

     This bill amends Chapter 45 of the Code of Criminal Procedure
which relates to Corporation Courts or Municipal Courts to allow
for the use of electronic technology or optical imaging.  The
legislation would allow for a printed copy of an optical image of
the original record as well as other court documents produced by
optical imaging to be deemed an accurate copy of the original
record.


RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency, or institution.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 45.02 of the Code of Criminal Procedure
           by adding a subsection  (b) to allow for the creation
           of a court seal on all papers issued by a court through
           the use of optical imaging, optical disk or other
           electronic technique so long as no additional, changes,
           or deletions can occur to an original document created
           through these electronic means.

SECTION 2. Amends Chapter 45, Code of Criminal Procedure by adding
           a new Article 45.021 which would allow for all papers
           issued by a justice court or municipal court to be
           created by electronic means.  Records created
           electronically are deemed as original records. 
           Documents that are required by law to be written and
           instruments, papers, or notices that are required by law
           to be recorded or filed can be produced or recorded by
           electronic means.  A printed copy of an optical image
           of the original record shall be considered an accurate
           copy of the original record.

SECTION 3. Effective date.

SECTION 4. Emergency Clause. 


SUMMARY OF COMMITTEE ACTION

     Pursuant to a public notice posted on April 7, 1995, the
Committee on Judicial Affairs met in a formal meeting on April 10,
1995, to consider H.B. 3201.  The Chair laid out H.B. 3201 and
explained the bill.  Rep. Goodman moved to report H.B. 3201
favorably back to the full House, without amendment, with the
recommendation that it do pass, be printed and sent to the
Committee on Calendars.  The motion prevailed by the following
record vote:  7 ayes, 0 nays, 0 PNV and 2 absent.