December 20, 1971
The Honorable Bevinston Reed Opinion NO. M-1019
Commissioner of Higher Education
Coordinating Board Re: Authority of Coordinatinq
Texas College and University System Board to microfilm records
P.0, Box 12788 Capitol Station of student borrowers under
Austin, Texas 78711 the Hinson-Hazelwood College
Student Loan Program, Article
2654g, Vernon's Civil Stat-
utes, regardless of whether
their accounts have been
paid in full, and related
Dear Mr. Reed: questions.
In your recent letter to this office you ask our opinion con-
cerning the following questions:
1. Does the Coordinating Board have the authority
to microfilm records of Hinson-Hazelwood College
Student Loan borrowers, whether or not their
accounts have been paid in full?
2. Will microfilm copies of legal documents such
as applications, notes, etc, be acceptable as
legal evidence?
3. If affirmative opinions are issued for Ques-
tions 1 and 2, and all such files are micro-
filmed, does the Coordinating Board have
authority to destroy the original files of
all Hinson-Hazelwood,College Student Loan
borrowers regardless of whether their accounts
have been paid in full or not?
The Coordinating Board, Texas Collegeland University System,
is charged by Section 1, of Article 26549, with the administration
of the student loan program authorized pursuant to the Texas
1 All Articles referred to are Vernon's Civil Statutes.
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Honorable Mr. Reed, page 2 (M-1019)
Constitution, Article III, Section 50b.
Section 4 of Article 5441a, permits the head of any depart-
ment or institution of this State to request that the State Di-
rector and Librarian make photographic reproductions of the
public records of the department or institution. By satisfying
the various provisions of Article 5441a, the Coordinating Board
may commit to microfilm any of the official public records of the
Board. It is the opinion of this office that such microfilming
of college student loan records would be permissible without
regard to whether the accounts have been paid in full.
Article 3731b provides for the admissibility into evidence
in judicial proceedings of microfilm copies of official state
records. We conclude from this that even though.vou did not
destroy the original of the loan records in question, the micro-
film cony of such original records would be available for legal
purpose, provided the provisions of Article 373113 are satisfied.
Article 5441a, establishes the-procedure my which original
public records of the State may be aestrovec. Section 3 of that
Article provides, in part, as follows:
"Furthermore, with the approval of the State
Director and Librarian the head of any department
or institution may destroy any public records in
his custody which, in his opinion have no further
legal, administrative or historical value, pro-
vided, however, that he shall first file application
to do so with the State Director and Librarian, de-
scribing in such application the original purposes
and contents of such public records, and provided
further. that the approval of the State Auditor
shall also be acquired with regard to the des-
truction of public records of a fiscal or financial
nature."
Until the approval required by this statute has been secured
the original "public record" of the State may not be destroyed.
SUM"IARY
The Coordinating Board of the Texas College
and University System has authority under Sec-
tion 4 of Article 5441a, Vernon's Civil Statutes,
to microfilm loan records (public records) made
under the college student loan program, Article
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Honorable Mr. Reed, page 3 (M-1019)
2654g, Vernon's Civil Statutes, without regard to
whether the loan accounts have been paid in full.
The originals of the microfilmed public records
may not be destroyed until the provisions of Ar-
ticle 5441a, Vernon's Civil Statutes, have been
satisfied.
yours,
ey General of Texas
Prepared by James H. Quick
Assistant Attorney General
Kerns Taylor, Chairman
W.E. Allen, Co-Chairman
Sam Jones
Lonny Zwiener
John Banks
Lewis Jones
SAM MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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