Bill Text: TX HB685 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2019-06-14 - Effective immediately [HB685 Detail]
Download: Texas-2019-HB685-Introduced.html
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: (Passed) 2019-06-14 - Effective immediately [HB685 Detail]
Download: Texas-2019-HB685-Introduced.html
86R5184 CAE-F | ||
By: Clardy | H.B. No. 685 |
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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 a district court, | ||
county court, statutory county court, or probate 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) A court 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 by a third party 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. |