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AN ACT
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relating to the management of certain courts, including the storage |
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of records by the clerks of the supreme court and the courts of |
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appeals and the creation of an appellate judicial system for the |
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Seventh Court of Appeals District. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subchapter C, Chapter 22, Government Code, is |
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amended by adding Section 22.2081 to read as follows: |
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�������Sec.�22.2081.��APPELLATE JUDICIAL SYSTEM. (a)��The |
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commissioners court of each county in the Seventh Court of Appeals |
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District, by order entered in its minutes, shall establish an |
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appellate judicial system to: |
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�������������(1)��assist the court of appeals for the county in the |
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disposition of appeals filed with the court of appeals from the |
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county courts, statutory county courts, probate courts, and |
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district courts; and |
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�������������(2)��defray costs and expenses incurred by the county |
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under Section 22.208. |
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�������(b)��To fund the system, the commissioners court shall set a |
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court costs fee of $5 for each civil suit filed in a county court, |
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statutory county court, probate court, or district court in the |
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county. |
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�������(c)��The court costs fee does not apply to a suit filed by the |
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county or to a suit for delinquent taxes. |
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�������(d)��The court costs fee shall be taxed, collected, and paid |
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as other court costs in a suit. The clerk of the court shall collect |
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the court costs fee set under this section and pay it to the county |
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officer who performs the county treasurer's functions. That |
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officer shall deposit the fee in a separate appellate judicial |
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system fund for the court of appeals district. The fund may not be |
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used for any other purpose. The chief justice of the court of |
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appeals has sole discretion as to the use of the fund. |
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�������(e)��The commissioners court shall monthly order the funds |
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collected under this section to be forwarded to the court of appeals |
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for expenditures by the court of appeals for its appellate judicial |
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system. |
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�������(f)��The commissioners court shall vest management of the |
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system in the chief justice of the court of appeals. |
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�������SECTION�2.��(a)��Subchapter A, Chapter 51, Government Code, |
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is amended by adding Sections 51.0045 and 51.0046 to read as |
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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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�������Sec.�51.0046.��PRIVACY OF CERTAIN RECORDS AND DOCUMENTS; |
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LIABILITY. (a)��The supreme court shall adopt rules establishing |
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procedures for protecting personal information contained in |
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records and documents stored by the clerk of an appellate court in |
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an electronic storage format and for accessing those records and |
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documents. The supreme court by rule shall define "personal |
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information" for purposes of this section. |
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�������(b)��A person who complies with the rules adopted by the |
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supreme court under this section is not liable for damages arising |
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from the disclosure of personal information that is included in |
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records or documents stored in an electronic storage format. |
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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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�������(b)��Notwithstanding any other provision of this Act, |
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Section 51.0046, Government Code, as added by this section, applies |
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to a record or document maintained by a clerk of an appellate court |
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that is received by the clerk after the effective date of the rules |
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adopted in accordance with Section 51.0046, Government Code. |
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�������SECTION�3.��Subchapter B, Chapter 51, Government Code, is |
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amended by adding Section 51.1045 to read as follows: |
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�������Sec.�51.1045.��ELECTRONIC DOCUMENTS AND DIGITAL MULTIMEDIA |
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EVIDENCE. (a)��In this section, "digital multimedia evidence" has |
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the meaning assigned by Article 2.21, Code of Criminal Procedure. |
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�������(b)��The clerk of the court of criminal appeals may accept |
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electronic documents and digital multimedia evidence received from |
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a defendant, an applicant for a writ of habeas corpus, the clerk of |
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the convicting court, a court reporter, or an attorney representing |
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the state. |
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�������SECTION�4.��Subsection (a), Section 51.105, Government Code, |
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is amended to read as follows: |
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�������(a)��In the performance of the duties imposed by Section |
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51.104, the clerk of the court of criminal appeals may maintain |
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writs and other records and documents in an electronic storage |
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format or on microfilm. A record or document stored electronically |
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or on microfilm in accordance with this section is considered an |
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original record or document. If the clerk [electronically] stores |
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writs, records, or documents electronically or on microfilm, the |
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clerk may destroy the originals or copies of the writs, records, or |
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documents according to the retention policy described by Subsection |
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(b). |
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�������SECTION�5.��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�6.��Subchapter D, Chapter 101, Government Code, is |
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amended by adding Section 101.06115 to read as follows: |
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�������Sec.�101.06115.��ADDITIONAL DISTRICT COURT FEES: GOVERNMENT |
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CODE. The clerk of a district court in the Seventh Court of Appeals |
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District shall collect an appellate judicial system filing fee of |
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$5 under Section 22.2081. |
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�������SECTION�7.��Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.08114 to read as follows: |
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�������Sec.�101.08114.��ADDITIONAL STATUTORY COUNTY COURT FEES: |
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GOVERNMENT CODE. The clerk of a statutory county court in the |
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Seventh Court of Appeals District shall collect an appellate |
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judicial system filing fee of $5 under Section 22.2081. |
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�������SECTION�8.��Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.10114 to read as follows: |
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�������Sec.�101.10114.��ADDITIONAL STATUTORY PROBATE COURT FEES: |
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GOVERNMENT CODE. The clerk of a statutory probate court in the |
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Seventh Court of Appeals District shall collect an appellate |
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judicial system filing fee of $5 under Section 22.2081. |
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�������SECTION�9.��Subchapter G, Chapter 101, Government Code, is |
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amended by adding Section 101.12123 to read as follows: |
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�������Sec.�101.12123.��ADDITIONAL COUNTY COURT FEES: GOVERNMENT |
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CODE. The clerk of a county court in a county in the Seventh Court |
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of Appeals District shall collect an appellate judicial system |
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filing fee of $5 under Section 22.2081. |
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�������SECTION�10.��Article 2.21, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (k) to |
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read as follows: |
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�������(a)��In a criminal proceeding, a clerk of the district or |
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county court shall: |
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�������������(1)��receive and file all papers; |
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�������������(2)��receive all exhibits at the conclusion of the |
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proceeding; |
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�������������(3)��issue all process; [and] |
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�������������(4)��accept and file electronic documents received from |
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the defendant, if the clerk accepts electronic documents from an |
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attorney representing the state; |
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�������������(5)��accept and file digital multimedia evidence |
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received from the defendant, if the clerk accepts digital |
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multimedia evidence from an attorney representing the state; and |
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�������������(6)��perform all other duties imposed on the clerk by |
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law. |
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�������(k)��In this article, "digital multimedia evidence" means |
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evidence stored or transmitted in a binary form and includes data |
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representing documents, audio, video metadata, and any other |
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information attached to a digital file. |
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�������SECTION�11.��Sections 51.0045 and 51.205, Government Code, |
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as added by this Act, and Section 51.105, Government Code, as |
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amended by this Act, apply to a record or document maintained by the |
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clerk of the Texas Supreme Court, the clerk of the Texas Court of |
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Criminal Appeals, or the clerk of a court of appeals, as applicable, |
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regardless of whether the record or document was received by the |
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clerk before, on, or after the effective date of this Act. |
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�������SECTION�12.��This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�1259 passed the Senate on |
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April�9,�2009, by the following vote: Yeas�31, Nays�0; and that |
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the Senate concurred in House amendments on May 29, 2009, by the |
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following vote: Yeas�30, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�1259 passed the House, with |
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amendments, on May�12,�2009, by the following vote: Yeas�142, |
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Nays�0, one present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |