Untitled Texas Attorney General Opinion ( 1975 )

February 7. 1975
The Honorable Alton R. Griffin Opinion No. H- 519
Criminal District Attorney
Lubbock County Courthouse Re: Construction of article
Lubbock, Texas 79401 1899a, V. T. C. S., witch
reference to particular pro-
blems 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’ro-
vidt: 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 1I. 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 coniiden-
tial!!~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