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1-19     withdrawn by that party or the party's attorney of record; and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.