Bill Text: TX HB685 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to immunity from liability of a court clerk and county for the disclosure or release of certain court documents and information contained in the court documents.

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Engrossed) 2019-05-20 - Placed on local & uncontested calendar [HB685 Detail]

Download: Texas-2019-HB685-Comm_Sub.html
 
 
  By: Clardy, et al. (Senate Sponsor - Hughes) H.B. No. 685
         (In the Senate - Received from the House April 24, 2019;
  April 25, 2019, read first time and referred to Committee on State
  Affairs; May 10, 2019, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 10, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to immunity from liability of a court clerk and county for
  the disclosure or release of certain court documents and
  information contained in the court documents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 51, Government Code, is
  amended by adding Section 51.609 to read as follows:
         Sec. 51.609.  IMMUNITY FROM LIABILITY FOR DISCLOSURE OR
  RELEASE OF COURT DOCUMENTS. (a) In this section:
               (1)  "Court clerk" means the clerk of the supreme court
  or the court of criminal appeals or the clerk of a court of appeals
  district court, county court, statutory county court, statutory
  probate court, justice court, or municipal court.
               (2)  "State court document database" means a database
  accessible by the public and established or authorized by the
  supreme court for storing documents filed with a court in this
  state.
         (b)  A court clerk is not responsible for the management or
  removal of a document from a state court document database and is
  not liable for damages resulting from the release of a document in
  the database if the clerk in good faith performs the duties as clerk
  as provided by law and the Texas Rules of Civil Procedure.
         (c)  If a court clerk in good faith performs the duties as a
  clerk as provided by law and the Texas Rules of Civil Procedure, the
  clerk, the county in which the court is located, and the
  commissioners court of the county in which the court is located are
  immune from suit and from liability for the release or disclosure of
  information that is confidential or otherwise prohibited from
  disclosure by law, rule, or court order and that is accessed from a
  state court document database.
         (d)  A court clerk is not liable for the release of a sealed
  or confidential document in the clerk's custody unless the clerk
  acted intentionally, or with malice, reckless disregard, or gross
  negligence in the release of the document.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
  * * * * *
feedback