HBA-MPA H.B. 1142 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1142
By: Thompson
Judicial Affairs
6/3/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, county clerks were required to maintain
probate record books which could be used as evidence in court proceedings.
Many clerks have eliminated the use of individual record books such as a
fee book, docket book, claim book, and index book.  In place of individual
record books, the index is computerized and all probate records are placed
in a case folder. Microfilm and optical imaging are used for security
reasons and to provide public access in lieu of the paper record or when
the case file is not available, such as when the case file is in the
judge's office. H.B. 1142 allows county clerks to maintain records in other
formats in addition to paper records and for these records to be used as
evidence in court proceedings. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter I, Texas Probate Code, by amending Sections 15,
17, and 18 and adding Section 17A, as follows: 

Sec. 15.  New Title:  CASE FILES.   Requires the county clerk to maintain a
case file for each decedent's estate in which a probate proceeding has been
filed, rather than a record book styled "Probate Minutes," containing all
orders, judgments, and proceedings of the court, including enumerated
documents. Deletes "Probate Minutes and Papers to Be Recorded Therein" from
existing title and deletes "decrees" from the list of items the case file
must contain.  Makes nonsubstantive changes. 

Sec. 17.  MAINTAINING INDIVIDUAL CASE FILES IN LIEU OF RECORD BOOKS.
Authorizes the county clerk to maintain information relating to a person's
or estate's probate proceedings maintained in record books described in
Sections 13 (Judge's Probate Docket), 14 (Claim Docket), and 16 (Probate
Fee Book), Probate Code, on a digital optical image, or in another similar
form of data compilation. 

Sec. 17A. INDEX.  Redesignates existing Section 17 and makes conforming and
nonsubstantive changes. 

Sec. 18.  USE OF RECORDS AS EVIDENCE.  Makes conforming and nonsubstantive
changes. 

SECTION 2.  Amends Subpart C, Part 2, Chapter XIII, Texas Probate Code, by
amending Sections 625, 627, and 628 and adding Section 627A, as follows: 

Sec. 625.  New Title:  CASE FILES.  Requires the county clerk to maintain a
case file for each person's filed guardianship proceedings, rather than a
record book styled "Guardianship Minutes," containing all orders,
judgments, and proceedings of the court, including enumerated documents.
Deletes "Guardianship Minutes and Papers to Be Recorded Therein" from
existing title.  Makes nonsubstantive changes. 
 
Sec. 627.  MAINTAINING RECORDS IN LIEU OF RECORD BOOKS.  Authorizes the
county clerk to maintain the information relating to a person's
guardianship proceedings in record books described in Sections 623 (Judge's
Guardianship Docket), 624 (Claim Docket), and 626 (Guardianship Fee Book),
Probate Code, on a digital optical image, or in another similar form of
data compilation. 

Sec. 627A. INDEX. Redesignates existing Section 627 and makes conforming
and nonsubstantive changes.  

Sec. 628.  USE OF RECORDS AS EVIDENCE.  Makes conforming and nonsubstantive
changes.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.