SRC-BWC S.B. 625 77(R)BILL ANALYSIS


Senate Research CenterS.B. 625
By: Duncan
Jurisprudence
5/30/2001
Enrolled


DIGEST AND PURPOSE 

Currently, the court of criminal appeals is required to keep a hard copy of
all applications for writs of habeas corpus for an indefinite amount of
time.  The county in which the writ originates also has a copy of the
application.  S.B. 625 allows the court to develop a retention policy for
the writ applications and allows the court to keep these records
electronically. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 51B, Government Code, by adding Section 51.105,
Government Code, as follows: 

Sec. 51.105.  ELECTRONIC STORAGE.  Authorizes the clerk of the court of
criminal appeals (clerk), in the performance of the duties imposed by
Section 51.104, to use an electronic storage format to maintain writs and
other records and documents which can then be destroyed according to the
retention policy described by this section.  Requires the clerk to
establish a record retention policy (policy) that provides a plan for the
storage and retention of writs and other documents, and requires the policy
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.  Defines "electronic storage." 

SECTION 2.  Effective date:  September 1, 2001.