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A BILL TO BE ENTITLED
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AN ACT
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relating to documents filed with a district, county, or court |
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clerk. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.304, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The plan must: |
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(1) require the recording and filing of original |
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instruments, records, and minutes within a specified time after |
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presentation to the district clerk; |
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(2) require [permit] the use of original paper records |
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in a proceeding before the court; |
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(3) provide standards for the organizing, |
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identifying, coding, and indexing of records so a record can be |
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retrieved rapidly and the reproduced record can be certified as a |
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true and correct copy; |
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(4) provide for the use of materials to reproduce |
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records and, if appropriate to the method by which records are |
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stored, provide for the use of processes relating to the |
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development, fixation, and washing of the photographic duplicates, |
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that are of a quality approved for permanent photographic records |
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by the American National Standards Institute, or another nationally |
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recognized entity that establishes archival standards for mediums |
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used to store data and records; and |
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(5) provide for the permanent retention of records, |
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including security provisions to guard against physical loss, |
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alteration, and deterioration. |
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(c) The plan adopted by the district clerk under this |
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section must require that all original paper documents in a case be |
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retained by the clerk pending the final disposition of all |
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proceedings in the case. |
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SECTION 2. Section 51.805(a), Government Code, is amended |
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to read as follows: |
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(a) A receiving station, on completion of an electronic |
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filing, shall: |
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(1) transmit data to the appropriate court as required |
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as an original paper document; and |
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(2) distribute data as required by statute or rule. |
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SECTION 3. The changes in law made by this Act apply to a |
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document filed with a clerk on or after the effective date of this |
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Act. A document filed before the effective date of this Act is |
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governed by the law in effect on the date the document was filed, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |