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.