HBA-ATS, DMD H.B. 918 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 918 By: Reyna, Arthur Judicial Affairs 6/3/1999 Enrolled BACKGROUND AND PURPOSE In certain legal matters, a party may be required to present an original judgment order or decree to a judge as part of the procedure necessary to prove the party's case. However, for some older cases the court clerk has placed the file on microfilm and has destroyed the original documents, leaving no hard copy to present to the judge. Prior to the 76th Legislature, a county or district clerk was not specifically prohibited from assessing a fee to a person who sought a paper copy of a record or document on microfilm for these older cases. H.B. 918 requires the clerk of a county or district court, upon receiving written request of a party in an action, to provide the court with a copy of a motion, order, or other pleading in the action that is preserved only on microfilm or by other electronic means. It also prohibits the county or district clerk from charging a fee for a copy made under the sections created by this Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 118, Local Government Code, by adding Section 118.0526, as follows: Sec. 118.0526. COPIES OF COURT RECORDS PRESERVED ONLY ON MICROFILM OR BY ELECTRONIC METHOD. Requires the clerk of a county court, upon receiving written request of a party in an action, to provide the court with a copy of a motion, order, or other pleading in the action that is preserved only on microfilm or by other electronic means. Provides that the request must specify the document sought and the approximate date that the document was filed. Prohibits the county clerk from charging a fee for a copy made under this section. SECTION 2. Amends Subchapter D, Chapter 51, Government Code, by adding Section 51.3195, as follows: Sec. 51.3195. COPIES OF COURT RECORDS PRESERVED ONLY ON MICROFILM OR BY ELECTRONIC METHOD. Requires the clerk of a district court, upon receiving written request of a party in an action, to provide the court with a copy of a motion, order, or other pleading in the action that is preserved only on microfilm or by other electronic means. Provides that the request must specify the document sought and the approximate date that the document was filed. Prohibits the district clerk from charging a fee for a copy made under this section. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.