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.