Bill Text: TX HB685 | 2019-2020 | 86th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
86R7297 CAE-F | |||
By: Clardy, White, Ashby, Lambert, et al. | H.B. No. 685 | ||
Substitute the following for H.B. No. 685: | |||
By: Smith | C.S.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 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. |