SRC-PNG, JXG H.B. 918 76(R)BILL ANALYSIS


Senate Research CenterH.B. 918
76R10365 DRH-FBy: Reyna, Arthur (Wentworth)
Jurisprudence
5/13/1999
Committee Report (Amended)


DIGEST 

Currently, a party could be required to present an original judgment order
or decree to a judge as part of the procedure necessary to prove the
party's case.  In some older cases, however, the court clerk has placed the
file on microfilm and destroyed the original documents, leaving no hard
copy to present to the judge.  In these cases, a county or district clerk
is not prohibited from assessing a fee to a person who seeks a paper copy
of a record or document that is on microfilm.  H.B. 918 would require the
clerk of a county or district court to provide the court with a copy of a
motion, order, or other pleading in the action that is preserved only on
microfilm or by other electronic means, upon receiving written request of a
party in an action, and would prohibit the court or district clerk from
charging a fee for a copy made under the sections created by this Act.  

PURPOSE

As proposed, H.B. 918 sets forth provisions regarding copies of certain
court records prepared by a district or county clerk. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 118C, Local Government Code, by adding Section
118.0526, as follows: 

Sec. 118.0526.  COPIES OF COURT RECORDS PRESERVED ONLY ON MICROFILM OR BY
ELECTRONIC METHOD.  Requires the clerk of a county court to provide the
court with a copy of a motion, order, or other pleading in the action that
is preserved only on microfilm or by other electronic means, on the written
request of a party in an action. Requires the request to specify the
document sought and the approximate date that the document was filed.
Prohibits the county clerk from charging a fee for a copy made under this
section. 

SECTION 2. Amends Chapter 51D, Government Code, by adding Section 51.3195,
as follows: 

Sec. 51.3195.  COPIES OF COURT RECORDS PRESERVED ONLY ON MICROFILM OR BY
ELECTRONIC METHOD.  Requires the district clerk to provide the court with a
copy of a motion, order, or other pleading in the action that is preserved
only on microfilm or by other electronic means, on the written request of a
party in an action.  Requires the request to specify the document sought
and the approximate date that the document was filed.  Prohibits the
district clerk from charging a fee for a copy made under this section. 

SECTION 3. Amends Section 51.803(b), to prohibit a district or county court
from mandating electronic filing as a sole means of filing documents in
lawsuits. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.