| CLERKS, DISTRICT AND COUNTY |
| Access to clerk's records, criminal history record information subject to a nondisclosure order | KP-0134 |
| Bail bond forfeiture proceedings, filing fees are not collected | GA-0486 |
| Bogus documents, whether State Library and Archives Commission may promulgate rules authorizing clerks to destroy | LO97-014 |
| County clerk may not refuse to accept for filing an instrument concerning real property, including an affidavit of adverse possession, if the affidavit meets the recording requirements of Property Code section 12.001(a) | GA-0165 |
| County clerks and commissioners court have concurrent authority to collect certain payables under Code of Criminal Procedure article 103.003 | KP-0203 |
| Delinquent conduct or conduct indicating a need for supervision, in Brazos County the district clerk is appropriate clerk for cases involving unless county juvenile board has assigned jurisdiction to county court | LO97-015 |
| Fee for initial operations of domestic relations office, clerk may collect under interlocal agreement | LO97-044 |
| Fee in condemnation proceedings, clerk of court may assess | DM-0026 |
| Fee may be withheld from return of funds deposited with clerk as cash bail bond | JC-0163 |
| Fees, costs, and fines received from convicted defendant placed on community supervision, clerk must allocate as trial judge orders | DM-0407 |
| Funds deposited as a cash bail bond, clerk is required to charge administrative fee for the return of | GA-0436 |
| Funds deposited in the court pending result of a legal proceeding are trust funds that district and county clerks must place in county depository | LO96-023 |
| General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than at | JC-0384 |
| Habeas corpus, prosecutor may waive service by certified mail, return receipt requested, of copy of application for writ of | JC-0044 |
| Honoraria, payment by private association of county and district clerks to its immediate past president as prohibited honoraria or gift to public servant | GA-0354 |
| Hours of operation of district and county clerks' offices, commissioners court may not set | LO94-082 |
| Internet database for information from court case documents held by district and county clerks | GA-0566 |
| Internet database for information from court case documents, access online in clerk's office must be free of charge but remote online access is subject to fee established by commissioners court under contract | GA-0566 |
| Internet, publishing clerk records on the Internet
| GA-0519 |
| Judgment contents, a felony judgment must contain the information specified in article 42.01, section 1 of the Code of Criminal Procedure | GA-0220 |
| Judgment in criminal case, court clerk may not prepare without supervision of an attorney | JC-0259 |
| Judgment is not void or voidable solely because it was filed with the wrong clerk | LO97-015 |
| Judgments or other documents based upon existence of courts not named in constitution or statutes, clerk should not accept for filing | DM-0389 |
| Local Government Code section 118.011 sets out a county clerk's fee schedule for several non-court-related fees. It permits a clerk to set and collect the Records Management Preservation Fee (RMP). | GA-1055 |
| Occupational driver's license application, clerk should charge fee for filing original civil suit | LO96-131 |
| Office of "joint clerk" who performs duties of both district clerk and county clerk, such office is to be separated, should census figures require it, at expiration of term of office to which incumbent was elected rather than on date United States Census | JC-0384 |
| Officer of the court, a court clerk is an | JC-0306 |
| Protective order in family violence cases, complete affidavit of indigency required when applicant unable to pay filing fee and fee limited to $36 irrespective of number of respondents or number of times service attempted | DM-0298 |
| Records management and preservation revenue, commissioners court has discretion to determine how to expend except that it must be spent for records management (Modified by Tex. Att'y Gen. Op. No. DM-492 (1998)) | LO92-081 |
| Records, confidentiality of social security number in clerk records; redaction; certification | GA-0519 |
| Registry funds withdrawn on or after September 1, 1997, clerk must allocate to county general fund ten percent of any interest earned on | LO98-106 |
| Salary of district and county clerk, commissioners court may not reduce except during regular budget session, but may reduce salaries of non-elected persons at any time | LO94-082 |
| Security fee, county and district court clerks' collection of (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995)) | DM-0283 |
| Social security number, the Public Information Act provides for the confidentiality of social security numbers of living persons, exempts such SSNs from disclosure requirements under the Act, and authorizes a clerk to redact such numbers from public information to be disclosed under the Act without seeking an attorney general decision. | GA-0519 |
| Time-payment fee collected under section 51.921(a) of Government Code, the phrase "judicial officer who collected the fees" in section 51.921(d) refers to the clerk of the court | JC-0306 |
| Trust funds handled by county and district clerks, county investment officer not responsible for investing | LO96-074 |
| Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure | GA-0220 |
| Budget and Finance |
| Government Code section 51.851 authorizes the clerk of certain courts to collect a $20 fee on the filing, including electronic filing, of any civil action or proceeding requiring a filing fee, including an appeal and certain other filings | GA-1046 |
| The fee amounts mandated by Government Code section 51.851 apply to fees that became payable on or after September 1, 2013 | GA-1046 |
| County Clerks |
| A court would likely conclude that restitution funds ordered in a criminal judgment by a statutory county court and collected by the county clerk pursuant to article 42.037, Code of Criminal Procedure, are not funds "belonging to the county" and thus are not required to be deposited with the county treasurer or in the county treasury pursuant to Local Government Code section 113.021 | KP-0019 |
| Abandoned funds, statute requiring clerks to report and deliver to comptroller constitutional | DM-0348 |
| Access and copy records maintained by county clerks, under Texas law the public has a right to | GA-0915 |
| Certification of election results is ministerial task | GA-0286 |
| Chemically dependent or mentally ill persons, costs of clerk's services with regard to emergency detention and court-ordered treatment of are county's responsibility | JM-1234 |
| Civil or probate cases, records management fee of $5.00 required for filing certain documents relating to | LO93-102 |
| Clerk of county or statutory county court, judge of county or statutory county court is not authorized to appoint | GA-0332 |
| Clerk's certificate, county clerk has discretion to place seal component of clerk's certification on each page of a document by means other than raising it on each page of the document | GA-0404 |
| Close office to the public to permit employees to work uninterrupted, county clerk may not without approval of county court | JC-0323 |
| Common-law copyright, a county clerk has no authority to file and record | GA-0450 |
| Concurrent jurisdiction with district court, county clerk may not serve as clerk of both courts in matters in which county courts have (Affirmed by Tex. Att'y Gen. LO-97-015) | LO96-060 |
| Confidentiality of petit jury lists, clerk's duty to maintain | GA-0422 |
| Copying of real property plats, clerk who wishes to regulate should promulgate rules, but validity of any particular rule is a question of fact | GA-0400 |
| County Clerk duties on accepting and filing electronic and paper documents | KP-0233 |
| County seat, at least one deputy county clerk must reside at if county clerk does not | JC-0029 |
| Court registry account, county treasurer does not have administrative authority over | KP-0174 |
| Court reporter service fee under section 51.601 of the Government Code, county clerk may not collect if the county court has not appointed an official court reporter | GA-0372 |
| Declaration of domestic partnership, clerk is not required to file | JC-0156 |
| Deed for real estate located in subdivision whose plan has not been approved by commissioners court, duty of clerk to record | LO96-020 |
| Deputy county clerk is an employee, not an officer
| JC-0029 |
| Documents unrelated to criminal, probate, or civil cases, clerk may at discretion charge records management fee of not more than $5.00 on | LO93-102 |
| Electronically generated real estate filings, a clerk has no authority to accept or paper copies thereof and cannot be liable for civil penalty for refusing | GA-0228 |
| Employees, clerk’s implied authority to set the working conditions for and dismiss early because of a thunderstorm and resulting power outage in the county courthouse | GA-0778 |
| Executive session, commissioners court has discretion as to whether to admit county clerk to its | GA-0277 |
| Executive session, release to county clerk of tape of, would not make tape public | GA-0277 |
| Fees and costs authorized by county commissioners court pursuant to section 51.702 of the Government Code, statutory county court may collect although collection may be declared unconstitutional by different district court or appellate court | JC-0098 |
| File stamp instrument, county clerk is not statutorily required to immediately file stamp instrument upon receiving but should do so for evidentiary purposes | JC-0323 |
| Filing fees payable by Railroad Commission when filing notice for well-plugging | DM-0360 |
| Filing requirements of real property documents with county clerk | KP-0235 |
| Financing statement that names same person as both debtor and secured party, clerk may not file purported UCC | JC-0256 |
| Fraudulent court document or fraudulent lien document filed in office of county clerk or presented for filing, clerk's duty to give written notice required by statute | LO98-016 |
| Incapacitated creditor without guardian, clerk may receive from one or more debtors money owed to unless creditor is owed more than $25,000 total | LO96-105 |
| Indexing of certain real property instruments accepted for recording under Property Code section 12.011(b)(2) | GA-0702 |
| Longevity pay, a commissioners court order granting, to certain qualified employees and allowing employees to transfer the longevity pay to another county department if they are hired there, does not continue in effect for an individual who later becomes a county officer | KP-0060 |
| Mail, instruments delivered by mail to county clerk for filing must be "file stamped" and deemed recorded immediately upon receipt and acceptance | JC-0323 |
| Marriage license, clerk may issue to two absent applicants | GA-0024 |
| Member of Board of Physical Therapy Examiners holds an "office of emolument" and may not simultaneously serve as county clerk | LO98-055 |
| Mental health proceedings, no statutory duty to collect reimbursements to which county may be entitled for costs paid by county (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000)) | JC-0102 |
| Mental health services proceeding in Travis County probate court, county clerk has duty to collect the costs listed in section 571.018 of the Health and Safety Code from the responsible county (Clarifies Tex. Att'y Gen. Op. No. JC-0102 (1999)) | JC-0222 |
| Ministerial duty to accept a document for filing and recording if statute authorizes, requires, or permits it to be filed, and if regular on its face | LO98-016 |
| Noncertified copies, $1 fee specified by statute for issuing includes costs associated with locating originals and producing copies | JC-0292 |
| Noncertified copy of document, county clerk must charge one dollar per page for issuing, but fee may not be charged when person makes copy on own machine | LO96-082 |
| Open meeting notices, county clerk is authorized to charge a reasonable fee to a water district or other district or political subdivision to receive and post | GA-0152 |
| Open meetings notices, county clerk may not charge a fee to governmental bodies to retain | GA-0152 |
| Original archival records, county clerk may not purchase with funds from records management and preservation fee
| GA-0521 |
| Professional association, whether clerk may use county postage meter for campaign for office in | LO97-077 |
| Public's right to access and copy records maintained by county clerk, Texas courts have held that this right is subject to a county clerk’s reasonable rules and regulations | GA-0915 |
| Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure | GA-0638 |
| Records management and preservation fee must be imposed equally on all documents or on none | LO92-077 |
| Records management and preservation fee, county clerk has discretion to collect | LO92-007 |
| Records management and preservation fee, county court clerk may collect only upon filing of document initiating adverse probate action | LO93-078 |
| Records management and preservation fee, total county court clerk may collect | LO93-078 |
| Records management and preservation fees, clerk and commissioners court together must determine specific records management and preservation purposes for which may be used, which may include salaries of clerk's office employees | GA-0118 |
| Records management and preservation fund, expenditure for records management and preservation services performed by county clerk | DM-0492 |
| Records management and preservation projects, records management and preservation fee may be used only for county clerk's | LO92-077 |
| Records management fee, clerk may charge a defendant convicted of an offense a records management and preservation fee of $10.00 but may not charge the fee on individual documents filed in connection with criminal case | LO93-102 |
| Release of judgment, clerk may not charge filing fee for services in connection with execution and preparation of | DM-0174 |
| Residency requirement of article XVI, section 14 of the Texas Constitution, deputy county clerk is an employee, not an officer, and therefore not subject to
| JC-0029 |
| Restitution lien established under article 42.22 of the Code of Criminal Procedure, cost of filing and indexing in clerk's office is not an exclusive fee | LO98-020 |
| Salary grievance, a county officer who does not challenge the officer's proposed salary in accordance with the procedure and deadline specified by subsection 152.016(a) of the Local Government Code in any given year has effectively waived any, for the upcoming fiscal year | KP-0060 |
| School trustee not barred from simultaneously holding office of county clerk | GA-0468 |
| Security fee, whether county clerk may collect at time of filing birth, death, or fetal death record | DM-0371 |
| Social Security numbers, board of county court at law judges has no authority to order county clerk to redact social security numbers from electronic cases of case-related documents | GA-0203 |
| Statute regulating charitable raffles, type of bond county clerk may accept for purposes of | JM-1277 |
| Statutes providing for access to and copying of records, county clerk’s rules regarding the public’s access to and copying of records would be valid if the rules did not go beyond the | GA-0915 |
| Uniform Commercial Code - Secured Transactions, office in which financing statement amending, continuing, or terminating pre-effective-date financing statement covering consumer goods must be filed | JC-0526 |
| Uniform Commercial Code - Secured Transactions, office in which financing statement filings to perfect security interests in "as-extracted collateral or timber to be cut" or fixture filings must be made | JC-0526 |
| Uniform Commercial Code - Secured Transactions, office in which financing statement terminating pre-effective-date finance statement must be filed under section 9.707(e) of Business and Commerce Code | JC-0486 |
| We cannot determine whether the Atascosa County Clerk must allow the use of a sheet-feed scanner or whether its rules regarding the public’s access to and copying of records is reasonable because there is no controlling legal authority directly addressing the issues that those questions raise | GA-0915 |
| District Clerks |
| Abandoned funds, statute requiring clerks to report and deliver to comptroller constitutional | DM-0348 |
| Appointment of a district clerk, district judges must unanimously assent to the | GA-0216 |
| Cash bail bond, authority of district clerk to accept assignment of to pay fines and costs | GA-0773 |
| Cash paid in lieu of bail bond, clerk of district court may deposit in account separate from general account of county if so ordered by court or other authority | DM-0282 |
| Cause of action transferred to another court, clerk may charge reasonable fee for making certified copies of papers | LO92-087 |
| Cause of action, clerk may not delay transfer of until plaintiff pays fee for certified copies | LO92-087 |
| Child support order, authority to honor child support obligee's change of address request to child support collection agency without court order modifying original order | DM-0296 |
| Child support payments, clerk must pay to person designated in existing child support order or that portion of divorce decree providing for child support until order is modified | DM-0222 |
| Concurrent jurisdiction with county court, district clerk may not serve as clerk of both courts in matters in which district courts have (Affirmed by Tex. Att'y Gen. LO-97-015) | LO96-060 |
| Confidentiality of grand jury lists, clerk's duty to maintain | GA-0422 |
| Confidentiality of petit jury lists, clerk's duty to maintain | GA-0422 |
| Costs of court may be included in income-withholding order if costs necessarily incurred to enforce existing child support obligation | JC-0346 |
| Costs of court, authority to require county to pay in proceedings for forfeiture of contraband | LO93-089 |
| Court fees collected by district clerk, whether they constitute county funds that must be deposited in county treasury pursuant to statutory timetable is determined on fee by fee basis | JC-0031 |
| Deputy district clerk, who may perform official acts of district clerk in name of district clerk, does not hold a civil office of emolument | GA-0488 |
| District clerk has no legal obligation to accept grand jury reports documenting investigations and findings that do not constitute criminal violations reportable by indictment | KP-0137 |
| Filing fees applicable to petition for preindictment writ of habeas corpus | LO96-072 |
| Filing fees, district clerk must collect under both sections 133.151 and 133.152 of the Local Government Code | GA-0491 |
| Habeas corpus application, filing fee for suit or action does not apply to | DM-0295 |
| Habeas corpus proceeding, clerk may charge reasonable fee for services rendered | DM-0295 |
| Initial operations fee in family law cases may be collected by district clerk on behalf of domestic relations office | LO97-044 |
| Inmate divorce petition, authority of clerk to refuse to file where county residency based on time served in prison | JC-0094 |
| Juror personal information in civil cases is confidential with respect to third parties but may be released to litigants in action | JC-0405 |
| Juror reimbursement checks, district clerk may not deliver | JC-0176 |
| Jurors who have served in a criminal proceeding, statute rendering personal information confidential does not preclude provision of such information to counsel for purpose of jury selection | JC-0405 |
| Jury list, clerk may not provide list to one party and withhold from other party | JC-0405 |
| Jury list, in both civil and criminal actions jury list must be disclosed to parties when they announce ready for trial | JC-0405 |
| Jury list, subject to direction of presiding judge the clerk may release list to parties any time after list has been delivered to sheriff to summon jurors | JC-0405 |
| Limited power of attorney filed by obligee authorizing corporation to receive payments, clerk must remit payments to person designated in existing child support order or that portion of divorce decree providing for child support regardless of | DM-0222 |
| Liquor license applications, district clerk is county officer to whom county judge may delegate authority to hear | LO98-030 |
| Nonpayment of costs, clerk may not file abstract of judgment in real property records for | LO94-085 |
| Personal information regarding jurors who have served in criminal proceeding is confidential and may not be released to anyone without order from trial court | JC-0405 |
| Prospective jurors, statutory duties of district clerk with respect to selection of cannot be delegated by commissioners court or district judge to bailiff or jury administrator | DM-0034 |
| Provisions of the Hidalgo County civil service plan, Hidalgo County deputy district clerks are not subject to the plan and the Commissioners Court cannot amend the civil service plan to include deputy district clerks | GA-0243 |
| Records management and preservation fee collected under article 102.005(f) of Code of Criminal Procedure, allocation to district clerk's recrods management and preservation fund | GA-0638 |
| Reserve deputy sheriff, district clerk may serve as without violating dual office holding provision of Texas Constitution or common-law doctrine of incompatibility | LO98-035 |
| Service of process, collection of fees for | DM-0382 |
| Trust funds held by clerk until final disposition by court, funds affected, clerk's duty to invest or segregate, clerk's authority to charge administrative costs | JM-1162 |
| Writ of habeas corpus, clerk may not refuse to issue for failure to pay fee | DM-0295 |
| Writ of income withholding, fees for issuing and delivering | LO93-094 |
