SRC-JBJ S.B. 1021 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1021
76R4151 BDH-DBy: Ellis
Jurisprudence
3/18/1999
As Filed


DIGEST 

Currently, a county clerk must keep probate records.  Many county clerks
have eliminated the use of individual record books such as the fee book,
docket book, and claim book.  In place of individual record books, the
index is computerized and all probate records are placed in the case
folder.  Microfilm and optical imaging are used for security reasons and to
provide public access in lieu of the paper records or when the case file is
not available, such as when the case folder is in the judge's office.  S.B.
1021 would authorize clerks to maintain records in other formats in
addition to paper records.  

PURPOSE

As proposed, S.B. 1021 authorizes certain clerks to maintain records in
formats other than paper. 

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 Chapter I, Texas Probate Code, by amending Sections 17
and 18 and adding Sections 17A and 17B, as follows: 

Sec. 17.  New heading:  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 for that person or estate, in lieu of keeping the
record books described in Sections 13-16 of this code. 

Sec. 17A.  INDEX.  Authorizes a county clerk who maintains the claims,
papers, and other information regarding certain probate proceedings of a
person or an estate to maintain a computerized index of each person's or
estate's case file and to keep the index open for public inspection during
regular business hours.  Makes a conforming change. 

Sec. 17B.  COURT RECORDS.  Authorizes a county clerk to maintain a court
record on microfilm, as a digitized optical image, or in another similar
form of data compilation. 

Sec. 18.  USE OF RECORDS AS EVIDENCE.  Requires the record books or case
files or reproductions of the records to be evidence in any court of this
state.  Makes conforming changes. 

SECTION 2.  Amends Part 2C, 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 who keeps certain record books to use an
individual case file in lieu of the books. 

Sec. 627A.  INDEX.  Authorizes a county clerk to maintain a computerized
index of case files and to keep the index open for public inspection, if
the clerk maintains certain information regarding probate proceedings in an
individual case file.  Makes a conforming change. 

Sec. 627B.  COURT RECORDS.  Authorizes a court clerk to maintain a paper
record on  microfilm or other similar form of data compilation.   

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

SECTION 3. Effective date: September 1, 1999.

SECTION 4.Emergency clause.