AN ACT
 1-1     relating to the retention of certain appellate court records.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 51.204, Government Code, is amended to
 1-4     read as follows:
 1-5           Sec. 51.204.  RECORDS OF COURT.  (a)  The clerk of a court of
 1-6     appeals shall:
 1-7                 (1)  file and carefully preserve records certified to
 1-8     the court and papers relative to the record;
 1-9                 (2)  docket causes in the order in which they are
1-10     filed;
1-11                 (3)  record the proceedings of the court except
1-12     opinions and orders on motions; and
1-13                 (4)  certify the judgments of the court to the proper
1-14     courts.
1-15           (b)  On [Upon] the issuance of the mandate in each case, the
1-16     clerk shall notify the attorneys of record in the case that:
1-17                 (1)  exhibits submitted to the court by a party may be
1-18     withdrawn by that party or the party's attorney of record; and
1-19                 (2)  exhibits on file with the court will be destroyed
1-20     three [10] years after final disposition of the case or at an
1-21     earlier date if ordered by the court.
1-22           (c)  Not sooner than the 60th day and not later than the 90th
1-23     day after the date of final disposition of a criminal case, the
1-24     clerk shall remove and destroy all duplicate papers in the file on
 2-1     record of that case.
 2-2           (d)  Six [Ten] years after the final disposition of a civil
 2-3     case in the court, the clerk shall, not sooner than the 90th day
 2-4     after the date the clerk provides notice to the district or county
 2-5     clerk, destroy all records filed in the court related to the case
 2-6     except:
 2-7                 (1)  records that the clerk of the trial court requests
 2-8     be returned to the trial court for preservation in accordance with
 2-9     records retention schedules for records of district and county
2-10     clerks issued under Section 441.158 and applicable rules of the
2-11     supreme court;
2-12                 (2)  records that, in the opinion of the clerk or other
2-13     person designated by the court, contain highly concentrated,
2-14     unique, and valuable information unlikely to be found in any other
2-15     source available to researchers;
2-16                 (3) [(2)]  indexes, original opinions, minutes, and
2-17     general court dockets unless the documents are microfilmed in
2-18     accordance with this section for permanent retention, in which case
2-19     the original document shall be destroyed; and
2-20                 (4) [(3)]  other records of the court determined to be
2-21     archival state records under Section 441.186.
2-22           (e)  Twenty-five years after the final disposition of a
2-23     criminal case to which this subsection applies, the clerk shall
2-24     destroy all records relating to the case, other than a record
2-25     described by Subsection (d)(2), (3), or (4).  This subsection
2-26     applies to a criminal case in which the sentence, suspended
 3-1     sentence, term of community supervision, combined sentence and term
 3-2     of community supervision, cumulative sentences or terms of
 3-3     community supervision, or the longest sentence or term of community
 3-4     supervision of two or more sentences or terms of community
 3-5     supervision to be served concurrently is 20 years or less.
 3-6           (f)  The clerk shall retain other records of the court, such
 3-7     as financial records, administrative correspondence, and other
 3-8     materials not related to particular cases in accordance with
 3-9     Section 441.185.
3-10           (g) [(f)]  Before microfilming records, the clerk must submit
3-11     a plan in writing to the justices of a court of appeals for that
3-12     purpose.  If a majority of the justices of a court of appeals
3-13     determines that the plan meets the requirements of Section 441.188,
3-14     rules adopted under that section, and any additional standards and
3-15     procedures the justices may require, the justices shall inform the
3-16     clerk in writing and the clerk may adopt the plan.  The decision of
3-17     the justices must be entered in the minutes of the court.
3-18           SECTION 2.  This Act takes effect September 1, 1999.
3-19           SECTION 3.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 469 passed the Senate on
         March 18, 1999, by the following vote:  Yeas 31, Nays 0; and that
         the Senate concurred in House amendments on May 28, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 469 passed the House, with
         amendments, on May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor