Bill Text: TX HB2861 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to documents filed with a district, county, or court clerk.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-17 - Referred to Judiciary & Civil Jurisprudence [HB2861 Detail]
Download: Texas-2011-HB2861-Introduced.html
82R10684 CAE-D | ||
By: Davis of Dallas | H.B. No. 2861 |
|
||
|
||
relating to documents filed with a district, county, or court | ||
clerk. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.304, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) The plan must: | ||
(1) require the recording and filing of original | ||
instruments, records, and minutes within a specified time after | ||
presentation to the district clerk; | ||
(2) require [ |
||
in a proceeding before the court; | ||
(3) provide standards for the organizing, | ||
identifying, coding, and indexing of records so a record can be | ||
retrieved rapidly and the reproduced record can be certified as a | ||
true and correct copy; | ||
(4) provide for the use of materials to reproduce | ||
records and, if appropriate to the method by which records are | ||
stored, provide for the use of processes relating to the | ||
development, fixation, and washing of the photographic duplicates, | ||
that are of a quality approved for permanent photographic records | ||
by the American National Standards Institute, or another nationally | ||
recognized entity that establishes archival standards for mediums | ||
used to store data and records; and | ||
(5) provide for the permanent retention of records, | ||
including security provisions to guard against physical loss, | ||
alteration, and deterioration. | ||
(c) The plan adopted by the district clerk under this | ||
section must require that all original paper documents in a case be | ||
retained by the clerk pending the final disposition of all | ||
proceedings in the case. | ||
SECTION 2. Section 51.805(a), Government Code, is amended | ||
to read as follows: | ||
(a) A receiving station, on completion of an electronic | ||
filing, shall: | ||
(1) transmit data to the appropriate court as required | ||
as an original paper document; and | ||
(2) distribute data as required by statute or rule. | ||
SECTION 3. The changes in law made by this Act apply to a | ||
document filed with a clerk on or after the effective date of this | ||
Act. A document filed before the effective date of this Act is | ||
governed by the law in effect on the date the document was filed, | ||
and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |