By Harris S.B. No. 469
76R4756 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the retention of certain appellate court records.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.204, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 51.204. RECORDS OF COURT. (a) The clerk of a court of
1-7 appeals shall:
1-8 (1) file and carefully preserve records certified to
1-9 the court and papers relative to the record;
1-10 (2) docket causes in the order in which they are
1-11 filed;
1-12 (3) record the proceedings of the court except
1-13 opinions and orders on motions; and
1-14 (4) certify the judgments of the court to the proper
1-15 courts.
1-16 (b) On [Upon] the issuance of the mandate in each case, the
1-17 clerk shall notify the attorneys of record in the case that:
1-18 (1) exhibits submitted to the court by a party may be
1-19 withdrawn by that party or the party's attorney of record; and
1-20 (2) exhibits on file with the court will be destroyed
1-21 one year [10 years] after final disposition of the case or at an
1-22 earlier date if ordered by the court.
1-23 (c) Not sooner than the 60th day and not later than the 90th
1-24 day after the date of final disposition of a criminal case, the
2-1 clerk shall remove and destroy all duplicate papers in the file on
2-2 record of that case.
2-3 (d) One year [Ten years] after the final disposition of a
2-4 civil case in the court, the clerk shall, not sooner than the 90th
2-5 day after the date the clerk provides notice to the district or
2-6 county clerk, destroy all records filed in the court related to the
2-7 case except:
2-8 (1) records that the clerk of the trial court requests
2-9 be returned to the trial court for preservation in accordance with
2-10 records retention schedules for records of district and county
2-11 clerks issued under Section 441.158 and applicable rules of the
2-12 supreme court;
2-13 (2) records that, in the opinion of the clerk or other
2-14 person designated by the court, contain highly concentrated,
2-15 unique, and valuable information unlikely to be found in any other
2-16 source available to researchers;
2-17 (3) [(2)] indexes, original opinions, minutes, and
2-18 general court dockets unless the documents are microfilmed in
2-19 accordance with this section for permanent retention, in which
2-20 case the original document shall be destroyed; and
2-21 (4) [(3)] other records of the court determined to be
2-22 archival state records under Section 441.186.
2-23 (e) The clerk shall, not later than the 25th anniversary of
2-24 the final disposition of a criminal case to which this subsection
2-25 applies, destroy all records relating to the case, other than a
2-26 record described by Subsection (d)(2), (3), or (4). This
2-27 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
3-18 of 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.