HBA-MPA H.B. 1142 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1142 By: Thompson Judicial Affairs 2/23/1999 Introduced BACKGROUND AND PURPOSE Currently, county clerks are required to maintain probate record books which may 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 17 and 18 and adding Sections 17A and 17B, as follows: Sec. 17. KEEPING INDIVIDUAL CASE FILES IN LIEU OF RECORD BOOKS. Authorizes the county clerk to maintain the claims, papers, and other information relating to a person's or estate's probate proceedings in an individual case file in lieu of keeping certain enumerated record books. Sec. 17A. (a) Creates subsection from existing text. (b) Authorizes the county clerk, if an individual case file authorized under Section 17 is maintained, to also maintain a computerized index of each case file, and requires the county clerk to keep this index open to the public. Sec. 17B. COURT RECORDS. Authorizes the county clerk to maintain a court record on microfilm, as a digital optical image, or in any other similar form of data compilation. 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 627 and 628 and adding Sections 627A and 627B as follows: Sec. 627. KEEPING INDIVIDUAL CASE FILES IN LIEU OF RECORD BOOKS. Authorizes the county clerk to maintain the claims, papers, and other information relating to a person's or estate's probate proceedings in an individual case file in lieu of keeping certain enumerated record books. Sec. 627A. (a) Creates subsection from existing text. (b) Authorizes the county clerk, if an individual case file authorized under Section 627 is maintained, to also maintain a computerized index of each case file, and requires the county clerk to keep this index open to the public. Sec. 627B. COURT RECORDS. Authorizes the county clerk to maintain a court record on microfilm, as a digital optical image, or in any other similar form of data compilation. Sec. 628. USE OF RECORDS AS EVIDENCE. Makes conforming and nonsubstantive changes. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.