February 7. 1975 

The Honorable Alton R. Griffin 

Criminal District Attorney 

Lubbock County Courthouse 

Lubbock, Texas 79401 

Opinion No. H- 519 

Re: Construction of article 

1899a, V. T. C. S., witch 

reference to particular problems in microfilming 

public records. 

Dear Mr. Griffin: 

You have rrqu,ested our opinion concerning the operation of 

ar:icie 1899a, V. T. C.S., insofar as it may authorize the microfilming 

of sealed files, surh as adoptions, juvenil,e proceedings, and inquests. 

Article 1899a, sec:I:,on 1, V. T. C. S., provides: 

The Distri~ct Clerk may, pursuant to this duty 

to keep a fai,r record of acts and proceedings, p’rovidt: a plan for the reproduction by microfilm or 

other p’rocess which correctly and legibly reproduces. 

or which fcwms a medium of copying or reproducing 

all records, act:s, proceedings held, minut,es of t,he 

court or courts, and i.nc:luding all registers, records, 

and instruments for whj,ch the Di~stri,ct Clerk is or 

may become responsi,ble by law. The plan shall be 

in writing and shall~ i~nc!ude provisjons for maintenance, 

rtt enl.ion. s ec:uri,ty, and retrieval of all records so 

m~c~roi:.imrd or otherwise duplicatzed. 

Secl.!,on 1 I. 17 ib) , Texas Family Code, provides for the transfer of 

the complelx~ file of an adoption proceeding to the St:at,e Department: of Public 

Welfare up03 en1 ry oi a dxrcc 01’ adopi:ion. Sectj,on 4 of article 1899a 

allows dcst ru,<~:tion of instruments and records pertaining to a hearing, 

p. 2343 
The Honorable Alton R. Griffin page 2 (H-519) 

proceeding, or trials only aft.er one year following the t-me at which 

the judgment has become final and the time for an appeal has elapsed 

or a mandate which is finally decisivelas &n issw.xl.Attorney General 

Opinion H-466 (1974) construed section 11.17(b) of the Family Code to 

allow retention of the adoption file for only a reasonable time, which 

would seldom exceed ten days. Therefore the District Clerk is not 

authorized to destroy the original file in an adoption proceeding, and, 

were he to microfilm such a file, the copy so obtained must be sent to 

the Department of Public Welfare. Since the District Clerk has only 

temporary custody of the original file and is not auhorized to retain a 

copy of it, it is our opinion that article 1899a does not authorize the 

microfilming of adoption records. 

Concerni.ng files and records of juvenile proceedings, section 

51.14(<.), Texas Family Code, requi,res a separate filing system from 

i:hat reiating to adults and provides that the fil,es and records be 

maintained only on a local basis. Section 51.14(a) restricts inspection 

of these files and records to certain specified persons. Section 51.16(a) 

prov-ides for the sealjng of these fi,les and records upon the order of a 

juvenile court. Upon such an order all files and records pertaining to 

the juvenile proceeding involved are to be transferred to the court 

Issuing the order. all index references to the files and records are to 

be deleted, and ail fu,ture ,requests concerning the juvenile are t.o be 

proptriy answe-ed by stating that no record exists. Section 51.16(e). 

The clerk has permanent custody o,f these files and records and 

they ace thereiore ” . . . records . . . for which the District Clerk is 

or may be-corn? re~sponsible by law. ” Arti,cle 1899a. Consequently, the 

clc rk may microfilm piles and records pertai,ni,ng to juvenile proceedings, 

but. the system adopted under article 189Ya must conform to the coniidential!!~y requirements of the Family Code which are discussed above. 

Article 49. 22, Code oi Crimj~nal Procedure, provides for the 

rctenjon by the dj sf:,r;c.l, c,lt,rk of a sealed envelope ront:aining all papers 

perta!n<ng to an inqucst~ subjer:t to an order of the court conduc,ting the 

Inquest. The distc?,;:i~ clerk is to “safely keep the same. ” (Emphasis 

added). If: is our opini~on that the clerk’s duty being to safely keep the 

sealcxi en~~:~ope, hr is not authorized by arti.cle 189Ya to open it and _._---. 

microfiIm the c:onl.~nl:s wit.hout an order of the court. conducting the inquest. 

pe 2344 
The Honorable Alton R. Griffin page 3 (H-519) 

SUMMARY 

Article 1899a, V. T. C. S., does not authorize 

the district clerk to microfilm the file or records 

of an adoption proceeding. The district clerk also 

may not open a sealed envelope containing papers 

pertaining to an inquest, nor microfilm its contents 

except pursuant to an order of the court conducting 

the inquest. 

Article 1899~1 authorizes the District Clerk to 

microfilm the files and records pertaining to juvenile 

proceedings, but the system which is utilized must 

meet the confidentiality requirements of the Family 

Code. 

Yours, verv trulv. 

i-Q- 

- F JOHN L. HILL 

Attorney General of Texas 

~~ 

DAVID M. KENDALL,First Assistant 

C. ROBERT #EATH, Chairman 

Opimon Committee 

p. 2345