By Pitts, Romo H.B. No. 995
Substitute the following for H.B. No. 995:
By Zbranek C.S.H.B. No. 995
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to digitized optical imaging of business records.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 35, Business & Commerce
1-5 Code, Section 35.48 is amended to read as follows:
1-6 Sec. 35.48. Retention of Business Records. (a) In this
1-7 section:
1-8 (1) "Business record" means letters, words, sounds, or
1-9 numbers, or the equivalent of letters, words, sounds, or numbers,
1-10 recorded in the operation of a business by:
1-11 (A) handwriting;
1-12 (B) typewriting;
1-13 (C) printing;
1-14 (D) photostat;
1-15 (E) photograph;
1-16 (F) magnetic impulse;
1-17 (G) mechanical or electronic recording; <or>
1-18 (H) digitized optical image; or
1-19 (I) another form of data compilation.
1-20 (2) "Reproduction" means a counterpart of an original
1-21 business record produced by:
1-22 (A) production from the same impression or the
1-23 same matrix as the original;
1-24 (B) photograph, including an enlargement or
2-1 miniature;
2-2 (C) mechanical or electronic rerecording;
2-3 (D) chemical reproduction; <or>
2-4 (E) digitized optical image; or
2-5 (F) another technique that accurately reproduces
2-6 the original.
2-7 (b) A business record required to be kept by state law may
2-8 be destroyed at any time after the third anniversary of the date
2-9 the record was created unless a law or regulation applicable to the
2-10 business record prescribes a different retention period or
2-11 procedure for disposal.
2-12 (c) A state law requiring retention of a business record is
2-13 satisfied by retention of a reproduction of the business record.
2-14 SECTION 2. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.