By: Harris S.B. No. 469
A BILL TO BE ENTITLED
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1-18 withdrawn by that party or the party's attorney of record; and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 one year [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) One year [Ten years] after the final disposition of a
2-3 civil case in the court, the clerk shall, not sooner than the 90th
2-4 day after the date the clerk provides notice to the district or
2-5 county clerk, destroy all records filed in the court related to the
2-6 case 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) The clerk shall, not later than the 25th anniversary of
2-23 the final disposition of a criminal case to which this subsection
2-24 applies, destroy all records relating to the case, other than a
2-25 record described by Subsection (d)(2), (3), or (4). This
2-26 subsection applies to a criminal case in which the sentence,
3-1 suspended sentence, term of community supervision, combined
3-2 sentence and term of community supervision, cumulative sentences or
3-3 terms of community supervision, or the longest sentence or term of
3-4 community supervision of two or more sentences or terms of
3-5 community supervision to be served concurrently is 20 years or
3-6 less.
3-7 (f) The clerk shall retain other records of the court, such
3-8 as financial records, administrative correspondence, and other
3-9 materials not related to particular cases in accordance with
3-10 Section 441.185.
3-11 (g) [(f)] Before microfilming records, the clerk must submit
3-12 a plan in writing to the justices of a court of appeals for that
3-13 purpose. If a majority of the justices of a court of appeals
3-14 determines that the plan meets the requirements of Section 441.188,
3-15 rules adopted under that section, and any additional standards and
3-16 procedures the justices may require, the justices shall inform the
3-17 clerk in writing and the clerk may adopt the plan. The decision of
3-18 the justices must be entered in the minutes of the court.
3-19 SECTION 2. This Act takes effect September 1, 1999.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.
3-25 COMMITTEE AMENDMENT NO. 1
3-26 Amend S.B. No. 469 as follows:
4-1 (1) On page 1, line 20, strike "one year" and substitute
4-2 "three years".
4-3 (2) On page 2, line 2, strike "One year" and substitute "Six
4-4 years".
4-5 Thompson
4-6 COMMITTEE AMENDMENT NO. 2
4-7 Amend S.B. No. 469 as follows:
4-8 (1) On page 2, line 22, strike "The clerk shall, not later
4-9 than the 25th anniversary of" and substitute "Twenty-five years
4-10 after".
4-11 (2) On page 2, line 24, between the comma and "destroy",
4-12 insert "the clerk shall".
4-13 76R14736 JMC-F Thompson