BILL ANALYSIS

C.S.H.B. 1559

By: Davis, Sarah

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The preservation of scores of written relics of Texas history is being threatened because of the simple need to create space for more recent documents in Texas courthouses. The Texas Supreme Court recently established a court records preservation task force charged with the preservation and appropriate distribution of these irreplaceable documents. Interested parties assert that although there is a moratorium on the shredding of documents before a certain date, other documents after that date remain at risk.  C.S.H.B. 1559 seeks to preserve examples of Texas history by making changes relating to the retention, storage, and destruction of certain court documents.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas State Library and Archives Commission in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 1559 amends the Government Code to require the Texas State Library and Archives Commission to adopt rules for the retention, storage, and destruction of a court document filed with, otherwise presented to, or produced by a court in Texas before January 1, 1951, and prohibits a court in Texas from destroying such a court document except as provided by the rules of the commission.  The bill defines "court document," for the purposes of the bill's provisions, to mean any instrument, document, paper, or other record filed with, otherwise presented to, or produced by a court in Texas.  The bill defines "commission."

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1559 contains a provision not included in the original defining "commission."  The substitute differs from the original by defining "court document" to mean any instrument, document, paper, or other record filed with, otherwise presented to, or produced by a court in Texas, whereas the original defines the term to mean such documents filed, presented, or produced by a court. 

C.S.H.B. 1559 differs from the original by requiring the Texas State Library and Archives Commission to adopt rules for the retention of certain court documents, whereas the original authorizes the Supreme Court of Texas to promulgate such rules. The substitute contains a provision not included in the original including rules for the storage and destruction of certain court documents among the rules required to be adopted by the commission. The substitute contains a provision not included in the original excepting the destruction of certain court documents as provided by commission rule from the prohibition from destroying certain court documents. The substitute differs from the original in nonsubstantive and conforming ways.