Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Access to clerk's records, criminal history record information subject to a nondisclosure orderKP-134
Bail bond forfeiture proceedings, filing fees are not collectedGA-0486
Bogus documents, whether State Library and Archives Commission may promulgate rules authorizing clerks to destroyLO97-014
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 103.003KP-203
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 courtLO97-015
Fee for initial operations of domestic relations office, clerk may collect under interlocal agreementLO97-044
Fee in condemnation proceedings, clerk of court may assessDM-0026
Fee may be withheld from return of funds deposited with clerk as cash bail bondJC-0163
Fees, costs, and fines received from convicted defendant placed on community supervision, clerk must allocate as trial judge ordersDM-0407
Funds deposited as a cash bail bond, clerk is required to charge administrative fee for the return ofGA-0436
Funds deposited in the court pending result of a legal proceeding are trust funds that district and county clerks must place in county depositoryLO96-023
General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than atJC-0384
Habeas corpus, prosecutor may waive service by certified mail, return receipt requested, of copy of application for writ ofJC-0044
Honoraria, payment by private association of county and district clerks to its immediate past president as prohibited honoraria or gift to public servantGA-0354
Hours of operation of district and county clerks' offices, commissioners court may not setLO94-082
Internet database for information from court case documents held by district and county clerksGA-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 contractGA-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 ProcedureGA-0220
Judgment in criminal case, court clerk may not prepare without supervision of an attorneyJC-0259
Judgment is not void or voidable solely because it was filed with the wrong clerkLO97-015
Judgments or other documents based upon existence of courts not named in constitution or statutes, clerk should not accept for filingDM-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 suitLO96-131
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 anJC-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 attemptedDM-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; certificationGA-0519
Registry funds withdrawn on or after September 1, 1997, clerk must allocate to county general fund ten percent of any interest earned onLO98-106
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 timeLO94-082
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 courtJC-0306
Trust funds handled by county and district clerks, county investment officer not responsible for investingLO96-074
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 disclosureGA-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 filingsGA-1046
The fee amounts mandated by Government Code section 51.851 apply to fees that became payable on or after September 1, 2013GA-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 113.021KP-019
Abandoned funds, statute requiring clerks to report and deliver to comptroller constitutionalDM-0348
Access and copy records maintained by county clerks, under Texas law the public has a right toGA-0915
Certification of election results is ministerial taskGA-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 responsibilityJM-1234
Civil or probate cases, records management fee of $5.00 required for filing certain documents relating toLO93-102
Clerk of county or statutory county court, judge of county or statutory county court is not authorized to appointGA-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 documentGA-0404
Close office to the public to permit employees to work uninterrupted, county clerk may not without approval of county courtJC-0323
Common-law copyright, a county clerk has no authority to file and recordGA-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 maintainGA-0422
Copying of real property plats, clerk who wishes to regulate should promulgate rules, but validity of any particular rule is a question of factGA-0400
County seat, at least one deputy county clerk must reside at if county clerk does notJC-0029
Court registry account, county treasurer does not have administrative authority overKP-174
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 reporterGA-0372
Declaration of domestic partnership, clerk is not required to fileJC-0156
Deed for real estate located in subdivision whose plan has not been approved by commissioners court, duty of clerk to recordLO96-020
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 onLO93-102
Electronically generated real estate filings, a clerk has no authority to accept or paper copies thereof and cannot be liable for civil penalty for refusingGA-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 courthouseGA-0778
Executive session, commissioners court has discretion as to whether to admit county clerk to itsGA-0277
Executive session, release to county clerk of tape of, would not make tape publicGA-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 courtJC-0098
File stamp instrument, county clerk is not statutorily required to immediately file stamp instrument upon receiving but should do so for evidentiary purposesJC-0323
Filing fees payable by Railroad Commission when filing notice for well-pluggingDM-0360
Financing statement that names same person as both debtor and secured party, clerk may not file purported UCCJC-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 statuteLO98-016
Incapacitated creditor without guardian, clerk may receive from one or more debtors money owed to unless creditor is owed more than $25,000 totalLO96-105
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 officerKP-060
Mail, instruments delivered by mail to county clerk for filing must be "file stamped" and deemed recorded immediately upon receipt and acceptanceJC-0323
Marriage license, clerk may issue to two absent applicantsGA-0024
Member of Board of Physical Therapy Examiners holds an "office of emolument" and may not simultaneously serve as county clerkLO98-055
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 faceLO98-016
Noncertified copies, $1 fee specified by statute for issuing includes costs associated with locating originals and producing copiesJC-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 machineLO96-082
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 postGA-0152
Open meetings notices, county clerk may not charge a fee to governmental bodies to retainGA-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 inLO97-077
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 regulationsGA-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 ProcedureGA-0638
Records management and preservation fee must be imposed equally on all documents or on noneLO92-077
Records management and preservation fee, county clerk has discretion to collectLO92-007
Records management and preservation fee, county court clerk may collect only upon filing of document initiating adverse probate actionLO93-078
Records management and preservation fee, total county court clerk may collectLO93-078
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 employeesGA-0118
Records management and preservation fund, expenditure for records management and preservation services performed by county clerkDM-0492
Records management and preservation projects, records management and preservation fee may be used only for county clerk'sLO92-077
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 caseLO93-102
Release of judgment, clerk may not charge filing fee for services in connection with execution and preparation ofDM-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 feeLO98-020
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 yearKP-060
School trustee not barred from simultaneously holding office of county clerkGA-0468
Security fee, whether county clerk may collect at time of filing birth, death, or fetal death recordDM-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 documentsGA-0203
Statute regulating charitable raffles, type of bond county clerk may accept for purposes ofJM-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 theGA-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 filedJC-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 madeJC-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 CodeJC-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 raiseGA-0915
District Clerks
Abandoned funds, statute requiring clerks to report and deliver to comptroller constitutionalDM-0348
Appointment of a district clerk, district judges must unanimously assent to theGA-0216
Cash bail bond, authority of district clerk to accept assignment of to pay fines and costsGA-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 authorityDM-0282
Cause of action transferred to another court, clerk may charge reasonable fee for making certified copies of papersLO92-087
Cause of action, clerk may not delay transfer of until plaintiff pays fee for certified copiesLO92-087
Child support order, authority to honor child support obligee's change of address request to child support collection agency without court order modifying original orderDM-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 modifiedDM-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 maintainGA-0422
Confidentiality of petit jury lists, clerk's duty to maintainGA-0422
Costs of court may be included in income-withholding order if costs necessarily incurred to enforce existing child support obligationJC-0346
Costs of court, authority to require county to pay in proceedings for forfeiture of contrabandLO93-089
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 basisJC-0031
Deputy district clerk, who may perform official acts of district clerk in name of district clerk, does not hold a civil office of emolumentGA-0488
District clerk has no legal obligation to accept grand jury reports documenting investigations and findings that do not constitute criminal violations reportable by indictmentKP-137
Filing fees applicable to petition for preindictment writ of habeas corpusLO96-072
Filing fees, district clerk must collect under both sections 133.151 and 133.152 of the Local Government CodeGA-0491
Habeas corpus application, filing fee for suit or action does not apply toDM-0295
Habeas corpus proceeding, clerk may charge reasonable fee for services renderedDM-0295
Initial operations fee in family law cases may be collected by district clerk on behalf of domestic relations officeLO97-044
Inmate divorce petition, authority of clerk to refuse to file where county residency based on time served in prisonJC-0094
Juror personal information in civil cases is confidential with respect to third parties but may be released to litigants in actionJC-0405
Juror reimbursement checks, district clerk may not deliverJC-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 selectionJC-0405
Jury list, clerk may not provide list to one party and withhold from other partyJC-0405
Jury list, in both civil and criminal actions jury list must be disclosed to parties when they announce ready for trialJC-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 jurorsJC-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 ofDM-0222
Liquor license applications, district clerk is county officer to whom county judge may delegate authority to hearLO98-030
Nonpayment of costs, clerk may not file abstract of judgment in real property records forLO94-085
Personal information regarding jurors who have served in criminal proceeding is confidential and may not be released to anyone without order from trial courtJC-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 administratorDM-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 clerksGA-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 fundGA-0638
Reserve deputy sheriff, district clerk may serve as without violating dual office holding provision of Texas Constitution or common-law doctrine of incompatibilityLO98-035
Service of process, collection of fees forDM-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 costsJM-1162
Writ of habeas corpus, clerk may not refuse to issue for failure to pay feeDM-0295
Writ of income withholding, fees for issuing and deliveringLO93-094