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


Senate Research Center   S.B. 469
76R4756 MLS-DBy: Harris
Jurisprudence
3/1/1999
As Filed


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 proposed, 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 one year, 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 one year, 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, not later than the
25th anniversary of 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.