The Honorable Dorman H. Winfrey Opinion No. H-907
Director and Librarian
Texas State Library He: Transfer of county
P. 0. Box 12927, Capitol Station records to regional
Austin, Texas 78711 historical resource
depositories.
Dear Mr. Winfrey:
You have asked our opinion whether article 657433, V.T.C.S.,
bars the transfer of any county records to regional historical
resource depositories authorized by article 544233, V.T.C.S.,
and whether those depositories have any legal obligation to
return court records to the clerk of the originating court
or other courts for use by a private attorney. Section 5 of
article 657413 provides:
Nothing in this Act shall authorize the
destruction or disposition of any deed
record, deed of trust record, mechanic's
lien record or any minute book of any
Court or any minute book of any political
subdivision of Texas.
We have previously found that dispositions of all records
in the custody of county clerks, county recorders, and clerks
of county courts are controlled by article 1941(a), V.T.C.S.,
and that article 6574b has no application to those records.
Attorney,General Opinion H-523 (19751. Article 1941(a)
authorizes county officers to microfilm all records permitted
or required to be filed and recorded, and provides for the
disposition of the original records upon order of the com-
missioners court, after certification by the county clerk to
the commissioners court that the microfilm record is of
acceptable quality and has been satisfactorily used for five
years or more. V.T.C.S. art. 1941(a), s 6(d).
P. 3806
The Honorable Dorman H. Winfrey - page 2 (H-907)
Turning to your second question, we find no authority
to indicate a legal obligation by regional historical resource
depositories to return court records to the clerk of the
original court or other courts for the use of private attorneys,
absent a court order requiring the return of such records,
so long as microfilm records of the documents sought are
available from the clerk of the originating court. The
microfilm.record made of documents before their disposition
is deemed to be an original record for all purposes.
V.T.C.S. art. 1831a, 5 3; art. 1899a, S 3; art. 1941(a), fi
3. These microfilm records are to be "furnished for the
public to quickly and easily locate . . . ." V.T.C.S. art.
1941(a), S 5(i). See also V.T.C.S. art. 1831a, S 2(3); art.
1899a, 5 2(3). Theightof public inspection may normally
be satisfied through the availability of microfilm records
which are statutorily deemed to be original records.
SDMMARY
Article 6574b, V.T.C.S., has no applica-
tion to records in the custody of the
county clerk or clerk of a county court,
and does not bar transfer of those records
to regional historical resource depositories as
authorized by article 5442b, V.T.C.S. Regional
historical resource depositories have no legal
obligation to return court records to the
clerk of the original court or other courts
for the use of private attorneys, absent a
court order requiring the return of such
records, so long as microfilm records of
the documents sought are available from
the clerk of the originating court.
Very truly yours,
.j& Jc J+
~'/JOHN L. HI&
.'
;i Attorney General of Texas
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P. 3807
The Honorable Dorman H. Winfrey - page 3 (H-907)
C. ROBERT HEATH, Chairman
Opinion Committee
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p. 3808