1-1 By: Reyna of Bexar (Senate Sponsor - Wentworth) H.B. No. 918 1-2 (In the Senate - Received from the House May 10, 1999; 1-3 May 10, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 14, 1999, reported favorably, as amended, by the 1-5 following vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Harris 1-7 On page 1, between lines 49 and 50 insert the section below and 1-8 renumber the following sections accordingly: 1-9 SECTION 3. Section 51.803 is amended by amending Subsection 1-10 (b) to read as follows: 1-11 (b) An instrument may only be filed as provided by this 1-12 subchapter if the district, county, or court of appeals has 1-13 established a system for receiving electronically transmitted 1-14 information from an electronic copying device, and the system has 1-15 been approved by the Supreme Court. A district or county court may 1-16 not mandate electronic filing as a sole means of filing documents 1-17 in lawsuits. A district or county clerk or clerk of a court of 1-18 appeals who believes there is justification for use of an 1-19 electronic filing system in the clerk's office must request 1-20 approval of the system from the supreme court. The supreme court 1-21 shall approve or disapprove the system and may withdraw approval 1-22 any time the system does not meet its requirements. 1-23 A BILL TO BE ENTITLED 1-24 AN ACT 1-25 relating to the copies prepared by a district or county clerk of 1-26 certain court records. 1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-28 SECTION 1. Subchapter C, Chapter 118, Local Government Code, 1-29 is amended by adding Section 118.0526 to read as follows: 1-30 Sec. 118.0526. COPIES OF COURT RECORDS PRESERVED ONLY ON 1-31 MICROFILM OR BY ELECTRONIC METHOD. (a) On the written request of 1-32 a party in an action, the clerk of a county court shall provide the 1-33 court with a copy of a motion, order, or other pleading in the 1-34 action that is preserved only on microfilm or by other electronic 1-35 means. The request must specify the document sought and the 1-36 approximate date that the document was filed. 1-37 (b) The county clerk may not charge a fee for a copy made 1-38 under this section. 1-39 SECTION 2. Subchapter D, Chapter 51, Government Code, is 1-40 amended by adding Section 51.3195 to read as follows: 1-41 Sec. 51.3195. COPIES OF COURT RECORDS PRESERVED ONLY ON 1-42 MICROFILM OR BY ELECTRONIC METHOD. (a) On the written request of 1-43 a party in an action, the district clerk shall provide the court 1-44 with a copy of a motion, order, or other pleading in the action 1-45 that is preserved only on microfilm or by other electronic means. 1-46 The request must specify the document sought and the approximate 1-47 date that the document was filed. 1-48 (b) The district clerk may not charge a fee for a copy made 1-49 under this section. 1-50 SECTION 3. This Act takes effect September 1, 1999. 1-51 SECTION 4. The importance of this legislation and the 1-52 crowded condition of the calendars in both houses create an 1-53 emergency and an imperative public necessity that the 1-54 constitutional rule requiring bills to be read on three several 1-55 days in each house be suspended, and this rule is hereby suspended. 1-56 * * * * *