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 toregional historical resource depositories authorized by article 544233,V.T.C.S., andwhether those depositories have any legal obligation to return court records to the clerk of the originating court or other courts foruse by aprivate attorney. Section 5of article 657413provides:

Nothing in thisAct shall authorize the destruction or disposition of any deed record, deed of trust record, mechanic's lien record or anyminute book of any Court or anyminute book of any political subdivision of Texas.
We have previously found thatdispositions 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 tomicrofilm all records permitted or required tobe filed and recorded, andprovides for the disposition of the original records upon order of the commissioners court, after certification by the county clerk to the commissioners court that themicrofilm record isof acceptable quality andhas been satisfactorily used for five years ormore. V.T.C.S. art. 1941(a), s 6(d).

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Turning toyour second question, we findno 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 ofprivate attorneys, absent a court order requiring thereturn of such records, so long asmicrofilm records of the documents sought are available from the clerk of the originating court. The microfilm.record made of documents before their disposition isdeemed tobe an original record forall purposes. V.T.C.S. art. 1831a, 5 3;art. 1899a, S 3;art. 1941(a), fi 3. These microfilm records are tobe "furnished for the public toquickly and easily locate

. . . ." V.T.C.S. art. 1941(a), S 5(i). See alsoV.T.C.S. art. 1831a, S 2(3); art. 1899a, 5 2(3). Theightof public inspection may normally be satisfied through the availability ofmicrofilm records which are statutorily deemed tobe 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 theuse of private attorneys, absent a court order requiring the return of such records, so long asmicrofilm records of thedocuments 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

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C. ROBERT HEATH, Chairman Opinion Committee jwb

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