### ORNEY GENERAI, OF TKXAS

Honorable

Stsnsell

Bryen District

Attorney Waco, Texas Attention:

Mr. Roy Rutlsnd,

Jr. Dear Sir: Opinion No. O-3591 Fk: Is affidavit

of purchaser

df automobile re¶uired

under H. B. 8, a public record to which the general public shallhave **ClCCGS8P** You have inquired

as to whether the affidavit required

underArticle

VI, Section 

### 5s of H. B. 

### 8 of the Forty-Seventh Legislature,

is a publicrecord in the sense that the information contained

in the affidavitis available to the publicat large. Article

VI, Section 1 (a) leviesa tax of one per cent (1s) upon the total consideration

paid or to be paid.

by the buyer. This article further makes certain

definitions

and provisions

necessary

to the enforcomsnt

of this law including

Section 5a of Article VI which reads as follows: "At the time the tax herein levied is paid to said Tax Collector the purchaser

shall file with said Tax Collector the affidavit

of such purchaser (or if a corporation the affidavit

of thePrasi%n*:$

Vice President,

Secretary,

or Manager) settingforth the then value in dollars of the total consideration received

or to be received

by such selleror his nominees,

whether in money or other things of value." The only case we find reportedin Texas upon the subjectof the rfghts of the citizens

of a state to inspect the recordsof the atate or county is PalacjiBs et alvs. Corbettet al, (Writof error refused)72 S. W. 

### 777. In this case the Court of CivilAppeals at San Antonioadopted the common law upon this subject

as the law in Texas. That is, if the reportsor recordsare not confidential,

but on the other hand are of a publicnature,private citizens or their duly appointed representatives

have a right to inspectsuch of the recordsas they have an interestin. This right, of course, is subjectto limitation

imposed

by the Legislature In enactingthe subjoctlaws. We do have instances

in which the Legislature has specifically

limitedthe authority to examineor copy recordsrequired of individuals,

partnerships,

or corporations,

such as the recordsof the Texas Unemployment Compensation Commiss Ion.

### Honorable Stansell

Bryan, Page 2 (O-3591)

Our exsminaticn

of the authorities

discloses

thatthe rule of the Pslacios aam Is still

the Law in Texas. This deprtmentfollowed thE& dLcision in our Opinion

Xoor. O-69 and o-2044. In 

### an examination

of Section

v1: of H. B. 8 of the FortySeventh Legislatwe we find )o provlrion mking these

reoords oonfidential

**or** 

### protesting

them from exss&mtion

of **observation by**  

### interested pwsonnr.Thw, theyare @varned by the lax as stated in ,the Pslsoloa

osse. **Tncrr** 

### bolng

no authority

for withholding the ln?.##mtion **ocmtsirmd**In be 

### affidaoitr

from 

### tha pub110

we **are** 

### of tha opini&"$hst the rffidsvlts

mentioned in your in~lry are 

### publio rroords wlun fheyImw bean filedIn tha offloe of 

### the tar oollaotor and are 

### subjrot

to exsmlnation

st reasonable

houra by interested

parmm. 

### We are 

### smolwing oopirr of our opinionr Nor. O-854 md O-2044 upon tha aubjrot of euminmtloaQ~ of publio reoordr. **Yourr** 

### vary **truly** 

### ATToBmr CmmRAL m TEUS I/ brrir Ho+



# w Morris 

### Hodgor

Amirtant