Summary
This Texas Attorney General opinion addresses whether fees collected by a county clerk for records management and preservation under Local Government Code section 118.0216 can be used for projects involving district clerk records. Analyzing the statutory text, history, and context, the opinion concludes that the fees are strictly limited to documents filed and recorded with the county clerk. However, it clarifies that the county clerk may still contribute a pro rata share of these fees to a joint records management project with the district clerk’s office.
Topics
Practice areas
Questions Presented
- Whether the records management and preservation fee collected under Local Government Code §118.0216 may be used for a management and preservation project that includes records of the district clerk’s office.
Holdings
- The records management and preservation fee may be used only for documents filed and recorded with the county clerk, as required by subsection 118.0216(a).
- The county clerk may contribute a pro rata share of the fee to a joint records‑management and preservation project, provided its contribution is limited to records filed with the county clerk.
Key quotations
“The records management and preservation fee collected by a county clerk pursuant to Local Government Code subsection 118.011(b)(2) may be used only for documents filed and recorded with the county clerk, in accordance with subsection 118.0216(a).” (p.5)
Factual background
County officials disagreed whether the records‑management and preservation fee authorized by §118.0216 could be used for projects involving records held by the district clerk, rather than solely for records filed with the county clerk.
Procedural history
McLennan County District Attorney requested clarification on the permissible use of fees collected under Local Government Code §118.0216.