Bill

HB 685

86(R) - 2019
House Judiciary & Civil Jurisprudence
House Judiciary & Civil Jurisprudence
County Affairs
Courts

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Travis Clardy

Bill Caption

Relating to immunity from liability of a court clerk and county for the disclosure or release of certain court documents and information contained in the court documents.

Fiscal Notes

No significant fiscal implication to the State is anticipated.


Bill Analysis

HB 685 would grant court clerks and county commissioners immunity from suit and liability in the case that confidential information is released by a third-party after being accessed from a state court database. The bill would also immunize court clerks for the release of a sealed or confidential document in their custody unless they acted intentionally, or with malice, reckless disregard, or gross negligence in the release of the document.

Vote Recommendation Notes

We support protecting court clerks and counties from unnecessary civil liability, however we do believe people whose information is wrongly accessed and released should have some recourse to be made whole. We do not have a basis at this time to determine whether this bill strikes the appropriate balance and for that reason we remain cautiously neutral.