R-888 

AUSTZN. TEXAS. 

PRICE DAN- WAOAN DICKSON 

r--o-a. -*-- 

November 20, 1947 

Hon. Jesse James, 

State Treasurer, 

Austin,~Texas 

Opinion No. V-.435 

Re: Authority of the Treasury Department to microfilm and destroy Old Age 

Assistance warrants,paying the expense thereof 

from its contingent expense funds. 

Dear. Sir:.. . 

Tour request for an opinion by this 

upon the above subject matter is as follows: 

department 

nAt its regular session in 1947 the Legislature enacted House Bill 250, creating E 

Records Administration Division in the 

State Library. This statute allows the 

microfilming and subsequent destruction of 

public records deemed no longer useful. 

However,,no funds were provided for carrying out the provisions of this act. 

"Due to lack of space for filing purposes, 

this department desires to microfilm and 

destroy all Old Age Assistance warrants 

paid by this office prior to September'l, 

1942. Under the provisions of this and 

other statutes are we authorized to do 

this, paying the expenses thereof from our 

contingent expense funds? We;' qf course, 

intend to obtain the approval of the Librarian and the State Auditor. We have 

already obtained the approval of the Regional Director of the Social Security Administration.8 

Section 1 of House Bill Non. 250, 50th Legislature, General and Special Laws, 1947, page 945, authorizes the Texas Library and Historical Commission to 

establish and maintain in the State Library a Records 
. 

Hon. Jesse James, Page 2 (V-435) 

Administration Division "which (1) shall manage all 

public records of the State with the consent and cooperationqf the heads of the various departments and 

institutions izz charge of such records~ and (2) shall 

also conduct e photographic laboratory for the purpose 

of making photographs, micro-photographs, or reproductions on film, or to arrange for all or part of 

such work to be done by an established commercial 

agency which meets the specifications established by 

this Article for the proper a~ccomplishment of the 

work . . ett 

3ection 1 of this Act further provides that 

"the State Librarian is hereby,authorized to make photographic reproductions for private and public use on 

the following basis: (1) For official use of departments and.institutions no charge shall be made; (2) 

for the official use of local units of government 

charge shall be made on a cost~basis; ';(3) for copies 

of public records for private,use charge shall be at 

a rate to~W+fixed by the State Librarian in keeping 

with standard commercial rates . . .n 

Section 2 of House Bill 250 @rovideethat 

" . when any State official has haai'iphotographic 

ripGoductions.'+ . * made of any public"records . . . 

in his office, even though 'such records be current, 

he may designate such photographic reproductions as 

original records for all legal purposes and may thereupon transfer the records which have been replaced by 

the photographicreproductions to the State Librarian, 

who shall receipt therefor. The State Librarian with 

the consent of.the 3tate Auditor may dispose of transferred records by further transfer or by destruction 

" . . . 

The provisions of Section 1 of this Act create a procedure by which the Texas Library and Historical Commission may undertake the work of microfilming 

department records for official use of departments at 

no charge to the department in question. It is regretable, that no appropriation was made to defray the 

expenses of operating this Records Administration Division in the State Library, since the absence of an 

appropriation has necessarily prevented the Texas Library and Historical Commission from carrying Section 

1 of this Act into operation at this time. Since the 
Hon. Jesse James, Page 3 (V435) 

item of contingent expense in the appropriation for the 

State Treasury Department is specifically for the payment of contingent expenses of that department, this 

State Treasury Department contingent expense appropriation would not be transferable to the Texas Library 

and Historical Commission for the purpose of enabling 

the Records Administration Division in the State Library to undertake the reproduction work you have in mind. 

Section 2 of this Act specifies the action 

which may be taken by a State official after that official "has had photographic reproductions made of any 

public records in his office". To specify the action 

which any State official might take in connection with 

photographic reproductions which he has had made would 

be useless if State officials lacked the authority to 

make such reproductions in the first instance. It 

must follow that this legislative expression of the action which State officials may take with reproductions 

they have had made is a legislative expression that 

the authority to make such reproductions is vested in 

the heads of State departments and institutions. 

Since the State Treasurer has authority to 

have photographic reproductions of his records made 

without reference to the authority of the Records Administration Division in the State Library, it is our 

opinion the contingent expense appropriation of the 

State Treasury Department may be utilized by the State 

Treasurer to defray the cost of having these records 

microfilmed. 

The State Librarian would not be authorized 

to enter into.a contract to do this reproduction work 

for the State Treasury Department at commercial rates, 

due to the express provision in H. B. 250 that its 

work for such Departments shall be without charge. 

In the previous opinion of this office numbered O-2241, a copy of which is enclosed for your 

reference, it was held that a State agency could not 

destroy its records in absence of a statute authorizing such destruction. We expressly adhere to that 

previous opinion. However, while the State Treasury 

Department is not authorized to destroy these records 

following their photographic reproduction on microfilm, Section 2 of this House Bill 250 specifies the 

action which the State Treasurer may take with these 
. . 

Hon. Jesse JamesjPage 4 (V-435) 

records, The State Treasurer may designate the photographic reproductions as original records for all legal 

purposes, and may thereupon transfer the records which 

have been replaced by the photographic reproductions to 

the State Librarian, who shall receipt therefor. 

The State Librarian with the consent of the 

State Auditor, would be autho&ized to further transfer 

these records or to destroy these records, although the 

State Treasurer could not undertake such destruction at 

his own instance, 

SUMKiRY 

The State Treasury Department is authorized 

to have photographic reproductions of its records prepared, defraying the cost of this work 

from the contingent expense appropriation of 

the.State Treasury Department. 

The State Treasury Department is not authorized to destroy,its original records following their photographic reproductions, but it 

is authorized to transfer the records which 

have been replaced by photographic reproductions to the State Librarian. The State Librarian is authorized to destroy or further transfer such records. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

Bv&B& 

DBI:bb 

Enclosure 

David B. Irons 

Administrative Assistant