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 commissioners 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 application 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 

w 

P. 3807 
The Honorable Dorman H. Winfrey - page 3 (H-907) 

C. ROBERT HEATH, Chairman 

Opinion Committee 

jwb 

p. 3808