Bill Text: TX HB1258 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to information publicly available in a state court document database; authorizing a fee.

Spectrum: Slight Partisan Bill (Republican 32-12)

Status: (Engrossed - Dead) 2017-05-18 - Referred to State Affairs [HB1258 Detail]

Download: Texas-2017-HB1258-Introduced.html

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85R7087 YDB-F
By: Clardy H.B. No. 1258

A BILL TO BE ENTITLED
AN ACT
relating to information publicly available in an electronic court
record database.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 51, Government Code, is
amended by adding Section 51.808 to read as follows:
Sec. 51.808. INFORMATION PUBLICLY AVAILABLE IN ELECTRONIC
COURT RECORD DATABASE. (a) In this section, "electronic court
record database" means a system for storing documents
electronically filed with a court in this state that is accessible
by the public regardless of whether a fee is charged.
(b) A person, including a governmental entity, who
establishes, maintains, or operates an electronic court record
database may not allow public access to any court document
electronically filed with a county court, statutory county court,
or district court in this state unless:
(1) the clerk of the court enters into a written
agreement with the person authorizing public access to the document
through the database; and
(2) the commissioners court of the county in which the
court is located approves the agreement described in Subdivision
(1).
(c) Notwithstanding Section 22.004 or any other law, the
supreme court may not adopt rules in conflict with or inconsistent
with this section. To the extent this section conflicts with the
Texas Rules of Civil Procedure or any other rule adopted by the
supreme court, this section controls.
SECTION 2. Section 51.808, Government Code, as added by
this Act, applies to a court record filed before, on, or after the
effective date of this Act unless a restriction on court records
filed before that date would impair a contract entered into before
that date.
SECTION 3. 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, 2017.