HBA-KDB S.B. 625 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 625
By: Duncan
Judicial Affairs
4/19/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the clerk of a court of criminal appeals (clerk) is
required to keep hard copies of writs, records, and documents for an
indefinite period of time.  However,  current law does not authorize the
clerk to maintain such files electronically, which may require less time
and effort than keeping a hard copy of such files and which may increase
the speed with which such files are accessed.  Senate Bill 625 authorizes
the clerk to maintain writs, records, and documents in an electronic
storage format. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 625 amends the Government Code to authorize the clerk of a
court of criminal appeals (clerk), in the performance of the clerk's
duties, to maintain writs and other records and documents in an electronic
storage format.  The bill authorizes the clerk, if the clerk electronically
stores writs, records, or documents, to destroy the originals or copies of
the writs, records, or documents according to the retention policy.  The
bill requires the clerk to establish a records retention policy, which is
required to provide a plan for the storage and retention of writs and other
documents and to include a retention period to preserve the writs and other
records in accordance with state law and applicable rules of the court of
criminal appeals. 

EFFECTIVE DATE

September 1, 2001.