By Ellis S.B. No. 1021
76R4151 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to records of probate proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter I, Texas Probate Code, is amended by
1-5 amending Sections 17 and 18 and adding Sections 17A and 17B to read
1-6 as follows:
1-7 Sec. 17. KEEPING INDIVIDUAL CASE FILES IN LIEU OF RECORD
1-8 BOOKS. In lieu of keeping the record books described by Sections
1-9 13, 14, 15, and 16 of this code, the county clerk may maintain the
1-10 claims, papers, and other information relating to a person's or
1-11 estate's probate proceedings in an individual case file for that
1-12 person or estate.
1-13 Sec. 17A. INDEX. (a) The county clerk shall properly index
1-14 each record book, and shall keep it open for public inspection,
1-15 but shall not let it out of his custody.
1-16 (b) If the county clerk maintains the claims, papers, and
1-17 other information relating to a person's or estate's probate
1-18 proceedings in an individual case file under Section 17 of this
1-19 code, the county clerk may maintain a computerized index of each
1-20 person's or estate's case file and shall keep the computerized
1-21 index open for public inspection during regular business hours.
1-22 Sec. 17B. COURT RECORDS. In addition to maintaining a paper
1-23 record, the county clerk may maintain a court record on microfilm,
1-24 as a digitized optical image, or in another similar form of data
2-1 compilation.
2-2 Sec. 18. USE OF RECORDS AS EVIDENCE. The record books or
2-3 individual case files, including records on microfilm, in the form
2-4 of a digitized optical image, or in another similar form of data
2-5 compilation described in preceding sections [Sections] of this code
2-6 [Code], or certified copies or reproductions of the records
2-7 [thereof], shall be evidence in any court of this State.
2-8 SECTION 2. Subpart C, Part 2, Chapter XIII, Texas Probate
2-9 Code, is amended by amending Sections 627 and 628 and adding
2-10 Sections 627A and 627B to read as follows:
2-11 Sec. 627. KEEPING INDIVIDUAL CASE FILES IN LIEU OF RECORD
2-12 BOOKS. In lieu of keeping the record books described by Sections
2-13 623, 624, 625, and 626 of this code, the county clerk may maintain
2-14 the claims, papers, and other information relating to a person's or
2-15 estate's probate proceedings in an individual case file for that
2-16 person or estate.
2-17 Sec. 627A. INDEX. (a) The county clerk shall properly
2-18 index each record book and keep it open for public inspection but
2-19 may not release it from the clerk's custody.
2-20 (b) If the county clerk maintains the claims, papers, and
2-21 other information relating to a person's or estate's probate
2-22 proceedings in an individual case file under Section 627 of this
2-23 code, the county clerk may maintain a computerized index of each
2-24 person's or estate's case file and shall keep the computerized
2-25 index open for public inspection during regular business hours.
2-26 Sec. 627B. COURT RECORDS. In addition to maintaining a
2-27 paper record, the county clerk may maintain a court record on
3-1 microfilm, as a digitized optical image, or in another similar form
3-2 of data compilation.
3-3 Sec. 628. USE OF RECORDS AS EVIDENCE. The record books or
3-4 individual case files, including records on microfilm, in the form
3-5 of a digitized optical image, or in another similar form of data
3-6 compilation described in other sections of this chapter, or
3-7 certified copies or reproductions of the records, [record books]
3-8 are evidence in any court of this state.
3-9 SECTION 3. This Act takes effect September 1, 1999.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.