By Moffat                                             H.B. No. 1966
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of optical imaging and other electronic means
    1-3  for certain business records and records in municipal courts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 45.02, Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        Art. 45.02.  SEAL.  (a)  The said court shall have a seal
    1-8  with a star of five points in the center and the words "Corporation
    1-9  Court in ______________ Texas", the impress of which shall be
   1-10  attached to all papers issued out of said court except subpoenas,
   1-11  and shall be used to authenticate the official acts of the clerk
   1-12  and of the recorder.
   1-13        (b)  A court seal may be created by electronic means,
   1-14  including optical imaging, optical disk, or other electronic
   1-15  reproduction technique that does not permit additions, changes, or
   1-16  deletions to an original document created by the same type of
   1-17  system.
   1-18        SECTION 2.  Chapter 45, Code of Criminal Procedure, is
   1-19  amended by adding Article 45.021 to read as follows:
   1-20        Art. 45.021.  ELECTRONICALLY CREATED RECORDS.  (a)
   1-21  Notwithstanding any other provision of law, a document that is
   1-22  issued by a justice or municipal court may be created by electronic
   1-23  means, including optical imaging, optical disk, or other electronic
   1-24  reproduction technique that does not permit changes, additions, or
    2-1  deletions to the originally created document.
    2-2        (b)  The court may use electronic means to:
    2-3              (1)  produce a document required by law to be written;
    2-4  or
    2-5              (2)  record an instrument, paper, or notice that is
    2-6  permitted or required by law to be recorded or filed.
    2-7        (c)  The court shall maintain original documents as provided
    2-8  by law.
    2-9        (d)  A record created by electronic means is an original
   2-10  record or a certification of the original record.
   2-11        (e)  A printed copy of an optical image of the original
   2-12  record printed from an optical disk system is an accurate copy of
   2-13  the original record.
   2-14        SECTION 3.  Section 35.48, Business & Commerce Code, is
   2-15  amended to read as follows:
   2-16        Sec. 35.48.  Retention of Business Records.  (a)  In this
   2-17  section:
   2-18              (1)  "Business record" means letters, words, sounds, or
   2-19  numbers, or the equivalent of letters, words, sounds, or numbers,
   2-20  recorded in the operation of a business by:
   2-21                    (A)  handwriting;
   2-22                    (B)  typewriting;
   2-23                    (C)  printing;
   2-24                    (D)  photostat;
   2-25                    (E)  photograph;
   2-26                    (F)  magnetic impulse;
   2-27                    (G)  mechanical or electronic recording; <or>
    3-1                    (H)  digitized optical image; or
    3-2                    (I)  another form of data compilation.
    3-3              (2)  "Reproduction" means a counterpart of an original
    3-4  business record produced by:
    3-5                    (A)  production from the same impression or the
    3-6  same matrix as the original;
    3-7                    (B)  photograph, including an enlargement or
    3-8  miniature;
    3-9                    (C)  mechanical or electronic rerecording;
   3-10                    (D)  chemical reproduction; <or>
   3-11                    (E)  digitized optical image; or
   3-12                    (F)  another technique that accurately reproduces
   3-13  the original.
   3-14        (b)  A business record required to be kept by state law may
   3-15  be destroyed at any time after the third anniversary of the date
   3-16  the record was created unless a law or regulation applicable to the
   3-17  business record prescribes a different retention period or
   3-18  procedure for disposal.
   3-19        (c)  A state law requiring retention of a business record is
   3-20  satisfied by retention of a reproduction of the business record.
   3-21        SECTION 4.  This Act takes effect September 1, 1995.
   3-22        SECTION 5.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.