February 7. 1975 The Honorable Alton R. Griffin Criminal District Attorney Lubbock County Courthouse Lubbock, Texas 79401 Opinion No. H- 519 Re: Construction ofarticle 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 afai,r record ofacts and proceedings, p’rovidt: aplan 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 oft,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, rttenl.ion. sec:uri,ty, and retrieval ofall records so m~c~roi:.imrd or otherwise duplicatzed. Secl.!,on 1I.17ib), Texas Family Code, provides for the transfer of the complelx~ file ofan adoption proceeding to the St:at,eDepartment: of Public Welfare up03 en1ry oi adxrcc 01’adopi:ion. Sectj,on 4ofarticle 1899a allows dcst ru,<~:tionofinstruments and records pertaining toahearing,

**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 amandate which is finally decisivelas &n issw.xl.Attorney General Opinion H-466 (1974) construed section 11.17(b) ofthe Family Code to allow retention ofthe adoption file for only areasonable 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 afile, the copy so obtained must be sent to the Department of Public Welfare. Since the District Clerk has only temporary custody ofthe original file and is not auhorized to retain a copy ofit, it is our opinion that article 1899a does not authorize the microfilming ofadoption records.

Concerni.ng files and records ofjuvenile 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 onalocal basis. Section 51.14(a) restricts inspection ofthese files and records to certain specified persons. Section 51.16(a) prov-ides for the sealjng ofthese fi,les and records upon the order ofa juvenile court. Upon such an order all files and records pertaining to thejuvenile 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.obe proptriy answe-ed 

### by stating that no record exists. Section 51.16(e).

The clerk has permanent custody o,fthese 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 tojuvenile proceedings, but.the system adopted under article 189Ya must conform tothe coniidential!!~y requirements ofthe Family Code which are discussed above.

Article 49. 22, Code **oi** Crimj~nal Procedure, provides for the rctenjon by the djsf:,r;c.l,c,lt,rk ofa sealed envelope ront:aining all papers perta!n<ng to an inqucst~ subjer:t to an order ofthe 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 ofthe court. conducting the inquest.

pe 2344The 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 ofan adoption proceeding. The district clerk also may not open asealed envelope containing papers pertaining to an inquest, nor microfilm its contents except pursuant toan order ofthe court 

### conducting the inquest. Article 1899~1authorizes the District Clerk to microfilm the files and records pertaining tojuvenile proceedings, but the system which is utilized must **meet** the confidentiality requirements ofthe 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