By Romo, Lewis of Tarrant                             H.B. No. 3201
       74R6261 DD-F
                                 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 creating 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.  This Act takes effect September 1, 1995.
   2-15        SECTION 4.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.