HBA-JLV, MSH H.B. 841 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 841
By: Hinojosa
Judicial Affairs
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the procedures for filing court documents with county and
district clerks differ within the state. Some jurisdictions allow for the
filing of court documents through facsimile transmission.  In these
jurisdictions, such procedures have resulted in more efficient filing.
House Bill 841 authorizes jurisdictions within the state to file court
documents by facsimile transmission. 

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. 

ANALYSIS

House Bill 841 amends the Government Code to include in the definition of
"electronic filing of documents" the filing of documents using facsimile
transmission.  The bill requires the clerk for each district, county, or
appellate court to maintain a supreme court approved system that allows the
clerk to accept documents received by facsimile transmission.  The bill
requires each district court, county court, and court of appeals, rather
than authorizes the courts of a county, to adopt local rules governing the
electronic transmission and receipt of documents or reports.  The bill
requires the local rules to direct the clerk of the court to accept
documents received by facsimile transmission.  The bill requires a
district, county, or appellate court that, on the effective date of the
Act, does not accept filings received by facsimile transmission of
documents to develop and request approval of the filing system and local
rules not later than December 31, 2001. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.