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.