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AN ACT
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relating to the use of an unsworn declaration, the disposition of |
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certain court exhibits, and the seal of a constitutional county |
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court or county clerk. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.001(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) This section does not apply to a lien required to be |
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filed with a county clerk, an instrument concerning real or |
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personal property required to be filed with a county clerk, or an |
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oath of office or an oath required to be taken before a specified |
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official other than a notary public. |
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SECTION 2. Article 2.21(e), Code of Criminal Procedure, is |
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amended to read as follows: |
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(e) An eligible exhibit may be disposed of as provided by |
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this article: |
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(1) on or after the first anniversary of the date on |
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which a conviction becomes final in the case, if the case is a |
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misdemeanor or a felony for which the sentence imposed by the court |
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is five years or less; [or] |
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(2) on or after the second anniversary of the date on |
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which a conviction becomes final in the case, if the case is a |
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non-capital felony for which the sentence imposed by the court is |
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greater than five years; |
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(3) on or after the first anniversary of the date of |
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the acquittal of a defendant; or |
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(4) on or after the first anniversary of the date of |
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the death of a defendant. |
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SECTION 3. Section 26.005, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) The [impress of the] seal shall be impressed on |
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[attached to] all process other than subpoenas issued out of the |
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court and shall be used to authenticate the official acts of the |
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county clerk and county judge. The seal may be created using |
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electronic means, including by using an optical disk or another |
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electronic reproduction technique, if the means by which the seal |
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is impressed on an original document created using the same type of |
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electronic means does not allow for changes, additions, or |
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deletions to be made to the document. |
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(c) The signature of the county clerk may be affixed on an |
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original document using electronic means, provided those means meet |
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the requirements described by Subsection (b). |
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(d) A seal impressed or a signature affixed by electronic |
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means may be delivered or transmitted electronically. |
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SECTION 4. Section 191.001(b), Local Government Code, is |
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amended to read as follows: |
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(b) The county clerk shall use the county court seal to |
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authenticate all of the clerk's official acts as county recorder. |
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The clerk may affix the seal on an original document by stamp, |
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electronic means, facsimile, or other means that legibly reproduces |
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all of the required elements of the seal for the purposes of |
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reproduction. |
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SECTION 5. 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, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1728 was passed by the House on April |
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25, 2013, by the following vote: Yeas 134, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1728 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |