.’ 

THEATTORNEY GENERAL 

OF TEXAS 

WLL WILSON 

ATTORNEY GENERAL February 2, 1960 

Honorable Tom Blackwell Opinion No. WW-793 

Cou~nty Attorney 

Travis County Re: What original records 

Austin, Texas In the office of the 

District Clerk may be 

destroyed under the 

provisions of Art:!cle 

6574b, Vernon's Civ!l 

Dear Mr. Elackwell: Statutes. 

We have received your request for an opinion on 

the following questions: 

1. Do "original public records" as that 

phrase Is used In Article 6574b, Vernon's 

Civil Statutes, include filed pleadings, 

citations, executions, Writs of Injunction, 

garnishment, attachment, and other such 

writs, drafts or orders, and any other instruments that might be filed in a civil 

case, and indictments, drafts or orders, 

and all other pleadings or Instruments that 

might be filed in a criminal case. 

2. In what Instances would the clerk be 

barred from destroying public records "until 

the time for filing legal proceedings based 

on any such record shall have elapsed' as 

provided In Article 6574b, Vernon's Civil 

Statutes? 

The Court in State ex rel Kavanaugh v. Henderson, 

Supervisor of Liquor Control, 169 S.W. 2d 389 (MO. 1943) 

stated: 

"Where, by law or regulation, a document is 

required to be filed in a public office, the 

document is a 'public record' . . .' 

Words and Phrases_, Volume 35, page 318, contains 

the following definition: 

"Judgment roll, files, papers, and orders in 

case are 'judicial records', 'public writings', 

and 'public records' within statutes . . .rr 
Honorable Tom Blackwell, page 2 (W-793) 

We again find in Words and Phrases, Volume 3.5, at 

page 26 of the pocket part: 

"Defendant's pleadings and papers, 

which were Involved in civil action and 

which were in custody of county clerk as 

ex officio clerk of superior court in 

which action was 

documents' . . .' 

pending, were 'public 

In view of the above, it Is the opinion of this 

Department that filed pleadings, citations, executions, 

writs of injunction, garnishment, attachment, and other 

such write, drafts or orders, and any other Instruments 

that might be filed in a civil case, and indictments, 

drafts or orders, and all other pleadings or instruments 

that might be filed in a criminal case are original public 

records within the purview of Article 6574b, Vernon's Civil 

Statutes. 

,' Article 6574b, Vernon's Civil Statutes, provides 

in part as follows: 

"Section 1. The Commissioners Court of 

any county In Texas, or the governing body of 

any political subdivision of Texas, may, at 

its discretion, order, authorize and provide for 

the duplication of all public records by photostatic , photographic, miniature photographic, 

film microfilm or microphotographic process 

which correctly and legibly copies and reproduces, or which forms a medium of copying or 

reproducing, such public records, when, in the 

judgment of a Commissioners Court, or of the 

governing body of any political subdivision of 

Texas, a necessity exists for the photographic 

duplication of said public records for the purpose of recording, preserving and protecting 

same, or for the purpose of reducln& space required for filing, storing and safekeeping of same, 

or for any similar purpose. 

II 

. . . 

"Sec. 4. Said photographic duplicates of 

all public records shall be placed in conveniently accessible files and provisions shall be made 
Honorable Tom Blackwell, page 3 (Ww-793) 

for preserving, safekeeping, using, examining, 

exhibiting, projecting, and enlarging the same 

whenever requested during regular office hours. 

Whenever protographic duplicates of public records 

are so made, certified and placed, the original 

public records may be, by order of the Commissioners Court of the county, or of the governing body 

of any political subdivision of Texas, destroyed or 

otherwise disposed of, provided, however, that no 

original record shall be destroyed or otherwise disposed of unless or until the time for filing legal 

proceedings based on any such record shall have 

elapsed, and, in no event shall any original nubzic 

record be destroyed or otfierwlse disposed ofuhtll 

said public record Is at least five (5) years old; 

and provided further, that notice of such proposed 

destruction or disposition of original public records shall first be given to the State Librarian, 

and If such records are, in his opinion, needed 

for the Texas State Library, they shall be transferred thereto in the manner provided in Article 

5439, Revised Civil Statutes, 1925. 

"Sec. 5. Nothing in thls Act shall authorize 

the destruction or disposition of any deed record, 

deed of trust record, mechanic's 12en record or any 

minute book of any Court or any minute book of any 

political subdivision of Texas. 

II 

. . . 

"Sec. -7. Said photographic duplicates of public 

records shall be deemed to be an original record for 

all purposes, including introduction in all Courts 

or adminlstrative agencies. A transcript, exemplification, or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, 

exemplification or certified copy of the original. 

II 

. . . 

"Sec. 10. The fact that the courthouses in many 

of the counties of this State are now greatly burdened by old a+id valueless records, which condition is 

growing more serious all the time; and the fact that 

the said records are a fire hazard in many courthouses; 

and the further fact that the space used for keeping 

such old redords is needed for new material and for 

other purposes create an emergency. . . .' H.B. 304, 
Honorable Tom Blackwell, page 4 (W-793) 

Acts of the 50th Leg., Ch. 58, p. 811. 

In view of the provisions under Section 1 of 

Article 6574-b that all public records may be destroyed if 

properly duplicated as set out in said statute and that, 

under Section 7, Article 657413, the public records properly duplicated may be considered orig-i.nal public records for 

all purposes and can be used when needed as the bas:~s of 

any action which may be maintained 

phrase or provision under Section 4, 

it appears that the 

Article 6574b, "unti~l 

the time for legal proceedings based on any such recmrd 

shall have elapsed" has little meaning, and any discussion 

of th1.s subject would be of almost infinite range and pure1 

academic. Further, the provision of Section 5, Artli~cle 6571~b, r 

that no deed record, deed of trust record, mechanic's lien 

record or minute books of any court or any minute book of any 

political subdivision of Texas may be destroyed, and Section 

!C, Article 6574b, that five (5) years must have elapsed before 

any public records may be destroyed, provide safeguards against 

the indiscriminate and useless destruction of public records. 

The phrase "until the time for filing legal proceedings based on any such record has elapsed" could conceivably 

cause the fallacious conclusion that orl~ginal public records 

could not be destroyed under any condition as a case of record could altlays be attacked on some tenuous theory or principle of law: It is our opinion that any such construction 

would defeat the purpose of this act and it is abundantly 

clear that th:~s construction was not intended by the Legislature. 

It is true that there is the occasional suit or action which may still be pending at the end of five (5) years 

or one on which an acti.on would probably be maintained, and 

that use of the original public papers would be more practical and convenient, and in these cases, it would perhaps be 

wise for the Commissioners ' Courts or governing bodies, as 

the case might be, to delay the destructi~on of these records; 

but, it is felt that the majorit of case files and papers 

could be destroyed after five (5 3 years with little likclihood of further action. In that event, the duplicated records 

would always be available for use as original records. 

It can readily be seen from thk: above quoted emcrgenq 

clause, Section 10 of House Bi~ll 304, Acts of the 50th Letislature, that it was the intentl~on and purpose of the Legislature 

that old and valueless records be destroyed after being properly duplicated for use as origIna records in order that additional space in courttouses over Texas may be made available. 
. 

Honorable Tom Blackwell, Page 5 (w-i%) 

The general purpose and intent of any Statute 

is controlllng, and it has been said that: 

II . . . In cases of ambiguity, the intent 

and spirit of the act will prevail over its 

letter. Thus it is settled that the intention of the Legislature (R 90) controls the 

language used by it, and in construing a 

statute the court is not necessarily confined 

to the literal meaning of the words used, especially in respect of isolated or particular 

provisions; the intent rather than the strict 

letter of the act will be regarded. . . .' 

39 Tex. Jur. 180,181, Statutes, Sec. 9.5. 

And, further: 

II 

. . . in construing a statute it frequently happens that a word or phrase must be 

added to, or eliminated from, a particular 

part OP section in order to carry out the manifest intentn as disclosed by the entire enactment. . . . 39 Tex. Jur. 165, Statutes, sec. 

97. (Emphasis ours). 

It also follows that: 

,I 

. . . a statute be construed as a whole 

and that all of its parts be harmonized, if 

possible, so as to give effect to the entire 

act according to the evident intention of the 

Legislature. . . . It means also that the court 

will endeavor to reconcile the various provisions 

of the act, in so far as they may appear to be 

conflicting or inconsistent, to the end that the 

enactment and every word, phrase, clause and sentence may have its proper effect. 

II 

. . . Thus in case of doubt as to the meaning of a particular word, clause, provision or section, it is to be viewed in the light of all the 

language employed. It follows that a provision 

will not be given a meaning out of harmony with 

other provisions and inconsistent with the purpose of the act, although it would be sssceptible 

of such construction if standing alone. 39 Tex. 

Jur. 209-212, Statutes, Sec. 113. 
Honorable Tom Blackwell, page 6 (WW-793) 

It is therefore the opinion of this Department that the provision in Article 6574b that no 

original records may be destroyed until the “time for 

filing legal proceedings based on any such record 

shall have elapsed” is not controlling in relation to 

this statute and that original public records, other 

than 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, 

may be destroyed according to Article 6574b, when the 

following conditions have been complied with: (1) 

when in the judgment of the Commissioners’ Court or other 

governing bodies a necessity exists; (2) when the records have been pro 

(37 

erly duplicated in a manner set out 

in sa-ld statute; 

(5) years old; 

when said public records are five 

and (1:) when notice of said destruction 

is given the State Librarian, and if such records are, 

in his opinion, not needed for the Texas state Library. 

“Original public records” as the 

phrase is used in Article 6574b, 

Vernon’s Civil Statutes, includes 

all filed papers and documents which 

may be filed in any civil or criminal 

action in the Courts of Texas, except those in .adoption proceedings 

and other suits designated by statutes 

not to be public records. In view of 

the provision in Article 6574b, Vernon's Civil Statutes, that records 

properly duplicated before destruction 

are deemed to be original. records for 

all purposes, the further provision in 

said statute that no records can be destroyed until the “time for filing 

legal proceedings based on any such 

record shall have elapsed” is not controlling in relation to this statute, 

as it is “out of harmony” with, and 

would defeat, the purpose of the act, 

and the clerks may disregard this 
, 

Honorable Tom Blackwell, page 7 (WW-793) 

provision when other provisions 

of the Act have been complied with. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

Iola B. Wilcox 

Assistant 

IW:mg:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Ralph Rash 

W. Ray Scruggs 

Robert H. Walls 

L. P. Lollar 

REVIEWED FOR TH!3 ATTORNEY GENERAL 

BY: Leonard Passmore