85R21742 YDB-F     By: Clardy, Price, Thompson of Harris, H.B. No. 1258       Nevárez, Holland, et al.     Substitute the following for H.B. No. 1258:     By:  Smithee C.S.H.B. No. 1258       A BILL TO BE ENTITLED   AN ACT   relating to information publicly available in a state court   document database; authorizing a fee.          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.  STATE COURT DOCUMENT DATABASE; INFORMATION   AVAILABLE; IMMUNITY. (a) The purpose of this section is to ensure   that advances in technology allowing the electronic transmission,   retrieval, and storage of court documents do not compromise the   integrity of official court records or violate the laws, rules, and   court orders requiring the nondisclosure of sensitive or   confidential information contained in the documents or in copies of   those documents that are stored in a state court document database   and accessible by the public.          (b)  In this section:                (1)  "Accessible by the public" related to a court   document in the state court document database means that a person,   other than a court clerk with whom the document was filed, a judge   with subject matter jurisdiction over the case, the judge's staff,   an attorney of record in the case, or a person who maintains or   operates the database, has access to the document through the   system.                (2)  "State court document database" means a database   accessible by the public and established by the supreme court under   this section for storing documents filed with a court in this state.          (c)  A person who establishes, maintains, or operates the   state court document database for the supreme court may allow   public access to a document filed with a court in this state and   included in the database only if:                (1)  the database maintains each document included in a   manner that complies with federal and state laws and orders of the   court in which the document was filed related to confidentiality   and nondisclosure of information; and                (2)  a copy of each page of a document stored in the   database clearly states that the document is an unofficial copy of a   court document.          (d)  The supreme court may authorize the Office of Court   Administration of the Texas Judicial System to establish, operate,   and maintain the state court document database under this section.   The database may only include:                (1)  court documents filed with a court on or after the   60th day following the date on which the Office of Court   Administration of the Texas Judicial System certifies to the   supreme court that the database is fully operational and complies   with this section; and                (2)  any other documents authorized by the clerk of the   court to be maintained in the state court document database.          (e)  The Office of Court Administration of the Texas Judicial   System shall collect a fee for each page or part of a page of a   document electronically accessed by a member of the public from the   state court document database and deliver the fees collected under   this section to the clerk of the court in which the document was   originally filed for deposit in the county general fund. The fee is   the amount set by rule by the supreme court after consultation with   court clerks.          (f)  A person who establishes, maintains, or operates the   state court document database under this section must comply with   the laws, rules, and court orders related to sensitive data and   confidential documents that govern court documents in the custody   of a court clerk.          (g)  A court clerk is not responsible for the management or   removal of documents from the state court document database and is   not liable for damages resulting from the release of court   documents if the clerk in good faith performs the duties as clerk as   provided by law and the Texas Rules of Civil Procedure. A clerk   shows that the clerk acted in good faith when the clerk shows that a   reasonably prudent clerk, under the same or similar circumstances,   could have believed that the clerk's conduct was justified based on   the information the clerk possessed when the conduct occurred.          SECTION 2.  Section 411.075(b), Government Code, is amended   to read as follows:          (b)  Not later than 10 business days after receipt of   relevant criminal history record information contained in an order   or a copy of an order under Subsection (a), the department shall   seal any criminal history record information maintained by the   department that is the subject of the order.  The department shall   also send all relevant criminal history record information   contained in the order or a copy of the order by certified mail,   return receipt requested, or secure electronic mail, electronic   transmission, or facsimile transmission to the Office of Court   Administration of the Texas Judicial System and to all:                (1)  law enforcement agencies, jails or other detention   facilities, magistrates, courts, prosecuting attorneys,   correctional facilities, central state depositories of criminal   records, and other officials or agencies or other entities of this   state or of any political subdivision of this state;                (2)  central federal depositories of criminal records   that there is reason to believe have criminal history record   information that is the subject of the order; and                (3)  private entities that purchase criminal history   record information from the department or that otherwise are likely   to have criminal history record information that is subject to the   order.          SECTION 3.  Section 3(c), Article 55.02, Code of Criminal   Procedure, is amended to read as follows:          (c)  When the order of expunction is final, the clerk of the   court shall send a certified copy of the order to the Crime Records   Service of the Department of Public Safety, to the Office of Court   Administration of the Texas Judicial System, and to each official   or agency or other governmental entity of this state or of any   political subdivision of this state named in the order. The   certified copy of the order must be sent by secure electronic mail,   electronic transmission, or facsimile transmission or otherwise by   certified mail, return receipt requested. In sending the order to a   governmental entity named in the order, the clerk may elect to   substitute hand delivery for certified mail under this subsection,   but the clerk must receive a receipt for that hand-delivered order.          SECTION 4.  (a) Not later than December 1, 2017, the Texas   Supreme Court shall adopt the rules, fees, and orders necessary to   implement the changes in law made by this Act.          (b)  Except as otherwise provided by this Act, Section   51.808, Government Code, as added by this Act, applies to a court   document filed before, on, or after the effective date of this Act   unless a restriction on court documents filed before that date   would impair a contract entered before that date.          SECTION 5.  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.