SRC-SLL, JBJ S.B. 469 76(R)BILL ANALYSIS


Senate Research CenterS.B. 469
By: Harris
Jurisprudence
8/10/1999
Enrolled


DIGEST 

Currently, intermediate appellate courts must store copious and duplicate
case records for 10 years. Maintaining the records, which are often of no
general interest, creates a significant cost to the courts, particularly in
obtaining and keeping storage space.  A change in storage guidelines would
increase the efficiency and financially benefit the appellate courts.  The
proposed new guidelines resemble trial court guidelines,  including a
one-year retention schedule before discarding records and providing certain
provisions for criminal records, while meeting supreme court rules and
retention schedules for district and county clerks.  S.B. 469 requires
certain appellate court records to be retained for one year, instead of 10
years. 

PURPOSE

As enrolled, S.B. 469 requires certain appellate court records to be
retained for one year, instead of 10 years. 

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 Section 51.204, Government Code, to require the clerk of
the court to notify the attorneys of record in a case that exhibits on file
will be destroyed three years, rather than 10 years, after final
disposition of the case.  Specifies a criminal case in the requirement for
the clerk to remove and destroy all duplicate papers in the file of a case.
Requires the clerk to destroy, not sooner than the 90th day after the date
the clerk provides notice to the district or county clerk, all records
filed in the court related to a civil case six years, rather than 10 years,
after final disposition. Sets forth exceptions to the requirement that all
records filed in the court be destroyed, including requested retention of
records issued under Section 441.158, Government Code, and applicable rules
of the supreme court.  Requires the clerk to destroy all records relating
to the case, other than a record in the preceding provision, 25 years after
the final disposition of an applicable criminal case. Provides that this
subsection applies to a criminal case in which certain sentences or a
combination of different sentences  is 20 years or less.  Makes conforming
changes. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.