Open Records Decision No. 307
February 1, 1982

	Re:  Whether birth and death records kept by county clerk are confidential under 
the Open Records Act

Honorable Stephen Davidchik
Grayson County Attorney
Third Floor, Courthouse
Sherman, Texas  75090

Dear Mr. Davidchik:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether birth and death records kept by a county clerk are excepted from 
disclosure.

	Section 3(a)(15) of the Open Records Act excepts “birth and death records 
maintained by the Bureau of Vital Statistics in the State of Texas.”  In Attorney General 
Opinion H-115 (1973), this office determined that the above exception applies to such 
records in the custody of the county clerk “to the extent that he maintains records of birth 
and death of the type maintained by the State Bureau of Vital Statistics.”  The opinion 
reasoned:

To hold otherwise would present the anomalous situation that the 
State Registrar of Vital Statistics could not produce a record but that 
a local registrar or a county clerk could.

	Attorney General Opinion H-115 (1973) overlooked a statute which was first 
enacted in 1836.  Article 6600, V.T.C.S., provides:

The county clerk shall give attested copies whenever demanded of 
all papers recorded in his office; and he shall receive for all such 
copies, such fees as may be provided by law.

It is established that the Open Records Act does not authorize the withholding of any 
information which is otherwise required to be disclosed.  Open Records Decision No. 
275 (1981).  See also Open Records Decision No. 18A (1974) at 8.  Since article 6600 
requires a county clerk to make available copies of records filed in his office, including 
birth and death records, we believe it is clear that section 3(a)(15) does not authorize the 
withholding of such records in the custody of a county clerk.  Accordingly, birth and 
death records kept by a county clerk are not excepted from disclosure under any 
provision of the Open Records Act.  Attorney General Opinion H-115 (1973) is 
overruled to the extent of conflict.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gary III
Executive Assistant Attorney General

Prepared by Jon Bible & Bruce Youngblood
Assistant Attorneys General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Bruce Youngblood