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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity from liability of a court clerk and county for |
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the disclosure or release of certain court documents and |
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information contained in the court documents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 51, Government Code, is |
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amended by adding Section 51.609 to read as follows: |
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Sec. 51.609. IMMUNITY FROM LIABILITY FOR DISCLOSURE OR |
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RELEASE OF COURT DOCUMENTS. (a) In this section: |
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(1) "Court clerk" means the clerk of the supreme court |
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or the court of criminal appeals or the clerk of a court of appeals |
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district court, county court, statutory county court, statutory |
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probate court, justice court, or municipal court. |
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(2) "State court document database" means a database |
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accessible by the public and established or authorized by the |
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supreme court for storing documents filed with a court in this |
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state. |
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(b) A court clerk is not responsible for the management or |
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removal of a document from a state court document database and is |
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not liable for damages resulting from the release of a document in |
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the database if the clerk in good faith performs the duties as clerk |
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as provided by law and the Texas Rules of Civil Procedure. |
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(c) If a court clerk in good faith performs the duties as a |
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clerk as provided by law and the Texas Rules of Civil Procedure, the |
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clerk, the county in which the court is located, and the |
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commissioners court of the county in which the court is located are |
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immune from suit and from liability for the release or disclosure of |
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information that is confidential or otherwise prohibited from |
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disclosure by law, rule, or court order and that is accessed from a |
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state court document database. |
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(d) A court clerk is not liable for the release of a sealed |
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or confidential document in the clerk's custody unless the clerk |
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acted intentionally, or with malice, reckless disregard, or gross |
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negligence in the release of the document. |
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SECTION 2. 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, 2019. |