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.