JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

5121475-2501 

Telex 9101674-1367 

Telecopier 512/475-02&Y 

714 Jackson. Suite 700 

Dallas, TX. 75202.4506 

2141742-6944 

4624 Alberta Ave.. Suite 160 

El Paso. TX. 79905.2793 

915,533.3484 

P?l Texas, Suite 700 

.ustcm, TX. 77002-3111 

7131223-5666 

806 Broadway. Suite 312 

Lubbock, TX. 79401-3479 

6061747-5236 

4309 N. Tenth, Suite S 

McAllen, TX. 76501-1665 

5121662.4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 762052797 

5121225.4191 

An Equal Opportunity\ 

Affirmative Action Employer 

The Attorney General of Texas 

November 10, 1983 

Honorable Mike Driscoll 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

Dear Mr. Driscoll: 

Opinion No. JM-95 

Re: Duplicate microfilm copies 

of real property records 

You have asked the following questions: 

1. Is the county clerk required to provide 

duplicate microfilm real property records to a 

person upon his request for same? 

2. If you answer the first question in the 

affirmative, what is the proper fee for same if 

certified? If not certified? 

3. If the county clerk is required to 

duplicate microfilm copies to the public, 

clerk limit who may receive the copies and 

thereof? 

provide 

can the 

the use 

We conclude that a county clerk must provide duplicate microfilm 

copies of real property records to persons requesting the same and may 

not limit who may receive such copies or the use thereof. By 

"microfilm copies" we mean duplicates in microfilm form of the actual 

microfilm. We conclude that appropriate fees for certified duplicate 

microfilm copies are established by article 3930(3), V.T.C.S., while 

the proper fees for such non-certified copies should be determined 

under section 9(b) of article 6252-17a, V.T.C.S. 

The general statute governing the availability of records to the 

publLc is the Open Records Act, article 6252-17a, V.T.C.S. Section 

3(a) says that, subject to certain specified exceptions, 

Iall1 information collected, assembled, or 

maintained by governmental bodies pursuant to law 

or ordinance or in connection with the transaction 

of official business is public information and 

available to the public during normal business 

hours of any governmental body . . . 

Section 2(2) defines public records as 

p. 403 
Honorable Mike Driscoll - Page 2 (JM-95) 

the portion of all documents, writings, letters, 

memoranda, or other written, printed, typed, 

copied, or developed materials which contains 

public information. 

Section 9(b) refers to 

public records . . . in computer record banks, 

microfilm records, or other similar record keeping 

systems . . , 

We have consistently held "that the form in which information is 

stored does not determine its availability." Open Records Decision 

No. 364 (1983). In Open Records Decision No. 352 (1982). this office 

concluded that a computer tape (1) is "public information" under 

section 3(a) of the act, which provides that "[a]11 information 

collected . . . or maintained by governmental bodies . . . in 

connection with the transaction of official business is public 

information"; and (2) constitutes "developed materials" within the 

meaning of section 2(2) of the act, which defines "public records" as 

"the portion of all . . . developed materials which contains public 

information." See generally Open Records Decision No. 32 (1974) (tape 

recording of open meeting of governmental agency subject to required 

disclosure). See also Open Records Decision Nos. 182 (1977); 65 

(1975). Microfilm records should be treated no differently than 

computer tapes and "are, therefore, 

disclosure under the act." 

not per se excepted from required 

Open Records Decision No. 352 (1982). 

Consequently, we have no doubt that the availability of duplicate 

microfilm copies of real property records from the county clerk's 

office is controlled by the Open Records Act and that such must be 

provided to the public pursuant to sections 4, 5(b), and 14(a). 

However, section 9(d) of article 6252-17a, states that "[tlhe 

charges for copies made in . . . the county clerk's office shall be as 

otherwise provided by law." Article 3930 sets out a fee schedule for 

various services of county clerks. It reads in pertinent part as 

follows: 

(3) For issuing each certified copy (except 

certified copy of nap records and condominium 

records), notice, statement, license where the fee 

for issuing the license is not specifically 

provided by statute. or any other instrument, 

document, or paper authorized, permitted, or 

required, to be issued by said county clerk or 

county recorder, except as otherwise provided in 

Section 1, of this Act: 

For each page, or part of a page, a fee, to be 

paid in cash at the time each order is placed, 

of...........................................$l.OO 

-. 

p. 404 
Honorable Mike Driscoll - Page 3 (a-t-95) 

plus $1.00 for the county clerk's certificate. 

. . . . 

(10) For such other duties prescribed, 

authorized, and/or permitted by the Legislature 

for which no fee is set by this Act, reasonable 

fees shall be charged. 

Article 1941(a), section 3, states: 

The microfilm records provided for in this Act 

shall be deemed to be original records for all 

purposes and shall. be so accepted by all courts 

and administrative agencies of this State; and 

transcripts, exemplifications, copies, or 

reproductions on paper or on film of an image or 

images of said microfilm records, when issued and 

certified to by said clerk, shall be deemed to be 

certified copies of the originals for all purposes 

and shall be so accepted by all courts and 

administrative agencies of this State. 

When these two statutes are read together, it is apparent that the 

proper fee for a certified copy of a duplicate microfilm of real 

property records is $1.00 for the county clerk's certificate to each 

instrument, etc., plus $1.00 for each page or part thereof. Since 

your office informs us that each frame of the county clerk's microfilm 

records contains s representation of only one page of the original 

instrument, etc., our conclusion is limited to this fact situation. 

With regard to non-certified copies for which no fee is 

specifically set, "reasonable fees" are to be charged. since no 

further guidance concerning the standard in article 3930(10) is 

provided, it is appropriate to Look to the Open Records Act as was 

done in Attorney General Opinion W-163 (1980). Section 9(b) of 

article 6252-17~1 states that 

[clharges made for access to public records 

comprised in any form other than up to standard 

sized pages or in computer record banks, microfilm 

records, or other similar record keeping systems, 

shall be set upon consultation between the 

custodian of the records and the State Board of 

Control, giving due consideration to the expenses 

involved in providing the public records making 

every effort to match the charges with the actual 

cost of providing the records. 

p. 405 
Honorable Mike Driscoll - Page 4 (JM-95) 

We believe that this standard should be applied by the county clerk in 

supplying copies of non-certified copies. A custodian of records 

should consult with the State Purchasing and General Services 

Commission to establish the appropriate charges to be made to the 

requesting party for non-certified copies. See Open Records Decision - 

No. 65 (1975). 

To the extent that this op1,nion conflicts with Attorney General 

Opinion C-75 (1963), the latter is overruled. 

sUMMARY 

The Open Records Act requires the county clerk 

to provide duplicate microfilm copies of real 

property records without limiting who may receive 

them or the use to which such records are put. 

The county clerk must charge the fees set cut in 

article 393G(3), V.T.C.S., for certified copies of 

such microfilm copies. The county clerk should 

comply with section 9(b) of article 6252-17a, 

V.T.C.S., in determining the "reasonable fees" 

authorized by article 3930(10), V.T.C.S., for 

non-certified microfilm copies of real property 

records. . 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Colin Carl 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin. Chairman 

3on Bible 

David Brooks 

Colin Carla 

Susan Garrison 

Jim Moellinger 

Nancy Sutton 

Bruce Youngblood 

p. 406