HBA-MPA C.S.H.B. 1142 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1142
By: Thompson
Judicial Affairs
3/11/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, county clerks are required to maintain probate record books
which may be used as evidence in court proceedings.  Many clerks have
eliminated the use of individual record books such as a fee book, docket
book, claim book, and index book.  In place of individual record books, the
index is computerized and all probate records are placed in a case folder.
Microfilm and optical imaging are used for security reasons and to provide
public access in lieu of the paper record or when the case file is not
available, such as when the case file is in the judge's office. C.S.H.B.
1142 allows county clerks to maintain records in other formats in addition
to paper records and for these records to be used as evidence in court
proceedings. 

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 Chapter I, Texas Probate Code by amending Sections 15,
17, and 18 and adding Sections 17A, as follows: 

Sec. 15.  New Title:  CASE FILES.   Requires the county clerk to maintain a
case file for each decedent's estate in which a probate proceeding has been
filed, rather than a record book styled "Probate Minutes," containing all
orders, judgments, and proceedings of the court, including enumerated
documents. Deletes "Probate Minutes and Papers to Be Recorded Therein" from
existing title.  Makes nonsubstantive changes. 

Sec. 17.  MAINTAINING INDIVIDUAL CASE FILES IN LIEU OF RECORD BOOKS.
Authorizes the county clerk to maintain information relating to a person's
or estate's probate proceedings maintained in record books described in
Sections 13 (Judge's Probate Docket), 14 (Claim Docket), and 16 (Probate
Fee Book), Probate Code, on a digital optical image, or in another similar
form of data compilation. 

Sec. 17A. INDEX.  Redesignates existing Section 17 and makes conforming and
nonsubstantive changes. 

Sec. 18.  USE OF RECORDS AS EVIDENCE.  Makes conforming and nonsubstantive
changes. 

SECTION 2.  Amends Subpart C, Part 2, Chapter XIII, Texas Probate Code, by
amending Sections 625, 627, and 628 and adding Sections 627A, as follows: 

Sec. 625.  New Title:  CASE FILES.  Requires the county clerk to maintain a
case file for each person's filed guardianship proceedings, rather than a
record book styled "Guardianship Minutes," containing all orders,
judgments, and proceedings of the court, including enumerated documents.
Deletes "Guardianship Minutes and Papers to Be Recorded Therein" from
existing title.  Makes nonsubstantive changes. 

 Sec. 627.  MAINTAINING RECORDS IN LIEU OF RECORD BOOKS.  Authorizes the
county clerk to maintain the information relating to a person's
guardianship proceedings in record books described in Sections 623 (Judge's
Guardianship Docket), 624 (Claim Docket), and 626 (Guardianship Fee Book),
Probate Code, on a digital optical image, or in another similar form of
data compilation. 

Sec. 627A. INDEX. Redesignates existing Section 627 and makes conforming
and nonsubstantive changes.  

Sec. 628.  USE OF RECORDS AS EVIDENCE.  Makes conforming and nonsubstantive
changes.  

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1142 differs from the original bill in SECTION 1, as follows:

_By amending Section 15, Probate Code, to require the county clerk to
maintain a case file for each decedent's estate in which a probate
proceeding has been filed containing all orders, judgments, and proceedings
of the court.  Deletes the words "keep a record book styled 'Probate
Minutes,' and shall enter therein in full," and makes nonsubstantive
changes. Section 15 is not amended in the original bill. 

_By amending Section 17, Probate Code, to use the words "Maintaining
Records" rather than "Keeping Individual Case Files" in the heading, and to
authorize the county clerk to maintain information in the record books on a
computer file, on microfilm, in the form of a digital optical image, or in
another similar form of data compilation, rather than as claims and papers
in an individual case file for that person or estate. 

_By amending Section 17A, Probate Code, to make conforming and
nonsubstantive changes. 

_Does not include Section 17A(b) and Section17B, from the introduced
version, provisions of which are covered by the language incorporated into
the substitute bill in Section 15. 

_By amending Section 18, Probate Code, to insert the words "on a computer
file" between "records" and "on microfilm," and make conforming and
nonsubstantive changes. 

C.S.H.B. 1142 differs from the original bill in SECTION 2, as follows: 

_By amending Section 625, Probate Code, to require the county clerk to
maintain a case file for each person's filed guardianship proceedings
containing all orders, judgments, and proceedings of the court.  Deletes
the words "keep a record book styled 'Guardianship Minutes,' and shall
enter guardianship minutes," and makes nonsubstantive changes.  Section 625
is not amended in the original bill. 

_By amending Section 627, Probate Code, to use the word "Maintaining
Records" rather than "Keeping Individual Case Files" in the heading, and to
authorize the county clerk to maintain information in the record books on a
computer file, on microfilm, in the form of a digital optical image, or in
another similar form of data compilation, rather than as claims and papers
in an individual case file for that person or estate. 

_By amending Section 627A, Probate Code, to make conforming and
nonsubstantive changes. 

_Does not include Section 627A(b) and Section 627B, from the introduced
version, provisions of which are covered by the language incorporated into
the substitute bill in Section 625. 

_By amending Section 628, Probate Code, to insert the words "on a computer
file" between "records" and "on microfilm," and make conforming and
nonsubstantive changes.