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A BILL TO BE ENTITLED
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AN ACT
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relating to the storage of records by the clerks of the supreme |
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court and the courts of appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 51, Government Code, is |
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amended by adding Section 51.0045 to read as follows: |
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Sec. 51.0045. ELECTRONIC OR MICROFILM STORAGE. (a) In the |
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performance of the duties imposed by Section 51.004, the clerk of |
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the supreme court may maintain records and documents in an |
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electronic storage format or on microfilm. A record or document |
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stored electronically or on microfilm in accordance with this |
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section is considered an original record or document. If the clerk |
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stores records or documents electronically or on microfilm, the |
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clerk may destroy the originals or copies of the records or |
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documents according to the retention policy described by Subsection |
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(b). |
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(b) The clerk of the supreme court shall establish a records |
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retention policy. The retention policy shall provide a plan for the |
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storage and retention of records and documents and shall include a |
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retention period to preserve the records and documents in |
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accordance with applicable state law and rules of the supreme |
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court. |
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(c) For purposes of this section, "electronic storage" has |
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the meaning assigned by Section 51.105(c). |
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SECTION 2. Subchapter C, Chapter 51, Government Code, is |
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amended by adding Section 51.205 to read as follows: |
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Sec. 51.205. ELECTRONIC OR MICROFILM STORAGE. (a) In the |
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performance of the duties imposed by Section 51.204, the clerk of a |
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court of appeals may maintain records and documents in an |
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electronic storage format or on microfilm. A record or document |
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stored electronically or on microfilm in accordance with this |
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section is considered an original record or document. If a clerk |
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stores records or documents electronically or on microfilm, the |
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clerk may destroy the originals or copies of the records or |
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documents according to the retention policy described by Subsection |
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(b). |
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(b) The clerk of a court of appeals shall establish a |
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records retention policy. The retention policy shall provide a |
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plan for the storage and retention of records and documents and |
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shall include a retention period to preserve the records and |
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documents in accordance with Section 51.204 and other applicable |
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state law and rules of the court of appeals, the supreme court, or |
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the court of criminal appeals. |
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(c) For purposes of this section, "electronic storage" has |
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the meaning assigned by Section 51.105(c). |
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SECTION 3. The changes in law made by this Act apply to a |
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record or document maintained by the clerk of the Texas Supreme |
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Court or the clerk of a court of appeals, as applicable, regardless |
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of whether the record or document was received by the clerk before, |
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on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |