The Attorney General of Texas
March I, 1979
MARK WHITE
Attorney General
Honorable Bill M. White Opinion No. MW-2
Criminal District Attorney
Bexar County Courthouse Re: Whether the Bexar County
San Antonio, Texas 78205 Clerk may consolidate minute
books of the Bexar County Courts
at Law
Dear Mr. White:
You have requested an opinion regarding the keeping of minutes for
the county courts at law by the county clerk. You have asked whether the
county clerk may consolidate the minutes for the six Bexar County Courts at
Law into two books, one for all civil matters and the other for criminal
cases. The minute books contain the final dispositions of the cases.
Article 1941(a), V.T.C.S., authorizes the county clerk to adopt and use
exclusively the provisions contained therein relating to microfilming of
public records. Section 2(b) requires that there be seven classes or types of
records maintained on microfilm. All records “relating or incidental to
matters in county civil courts” are consolidated in one class, section 2(bX4),
and all matters relating to the criminal courts are in another class, section
2(b)(5). Thus, we believe that under article 1941(a) the county clerk is.
permitted to consolidate separately the minutes of the criminal and civil
courts.
If the county clerk is not operating under article 1941(a), his duties
concerning record keeping are more generally set out in articles 1941 to 1945,
V.T.C.S.
Art. 1941.
They shall be ex-officio recorders for their several
counties, and as such shall record in suitable books to
be procured for that purpose all deeds, mortgages and
other instruments required or permitted by law to be
recorded; they shall be the keepers of such record
books, and shall keep the same properly indexed,
arranged and preserved.
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Honorable Bill M. White - Page Two (MW-2)
Art. 1942.
They shall be keepers of the records, books, papers and
proceedings af their respective courts in civil and criminal cases
and in matters of probate, and see that the same are properly
indexed, arranged and preserved, and shall perform such other
duties in that behalf as may be by law imposed on them.
Art. 1943.
They shall keep a fair record of all the acts done and proceedings
had in their respective courts, and enter all judgments of the court,
under the direction of the judge, and shall keep a record of each
execution issued, and of the returns thereon.
Art. 1944.
They shall provide and keep in their respective offices, as part of
the records thereof, full and complete alphabetical indexes of the
names of the parties to all suits filed in their courts, which indexes
shall be kept in well bound books, and,shall state in full the names
of all the parties to such suits, which shall be indexed and cross
indexed, so as to show the name of each party under the proper
letter; and a reference shall be made opposite each name to the
page of the minute book upon which is entered the judgment in
each case.
Art. 1945.
The clerk shall keep such other dockets, books and indexes as
may be required by law; and all books, records and filed papers
belonging to the office of county clerks shall at all reasonable
times be open to the inspection and examination of any citizen,
,who shall have the right to make copies of the same.
We are aware that district clerks have received specific ~authority in article 1899b,
V.T.C.S., to perform similar consolidation; however, we believe that the statutes relating
to the duties of the county clerk, when read in their entirety, permit the county clerk to
consolidate the minutes of the various county courts. Thus, so long as the county clerk is
exercising his reasonable discretion in properly indexing, arranging and preserving the
public records so that they are accessible for public inspection, we believe that the clerk
may separately consolidate the minutes of the civil and criminal courts even if the county
has not adopted article 1941(a).
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Honorable Bill M. White - Page Three m7-2)
SUMMARY
The minutes for criminal and civil books may be separately
consolidated by the county clerk.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David B. Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Scott Garrison
Susan Garrison
Rick Gilpin
William G Reid
Bruce Y oungblood
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