LEGAL UPDATE
Changing Access to Texas Records
On February 21, 2007, Greg Abbott, Attorney General for the State of Texas, released Opinion No. GA-0519. This opinion was issued regarding how a governmental body should treat Social Security numbers contained in documents subject to the Texas Public Information Act (PIA). Per this opinion, all county documents, available for public view, were reviewed and all social security numbers were redacted from the records. As a result, County Clerks throughout the State of Texas were instructed to prohibit public view of county records until the redaction was complete. Counties throughout the state of Texas began posting signs in their courthouses notifying the public that access to county criminal, civil and probate records was prohibited until further notice.
Opinion GA-0519 raised many questions and concerns on the part of the county governments responsible for redacting this information. While the courts adhered to the ruling, confusion surrounding the proper protocol for the removal of this information was not well-directed from the State Attorney's Office. As a result, On February 28, 2007, Greg Abbot abated Opinion GA-0519 for a term of 60 days and public access to county criminal, civil and probate records was restored.
Currently, House bill HB-2061, relating to the acquisition or disclosure of the Social Security number of a living person by a governmental body, including by a district or county clerk is in the Senate. This bill, if passed, "amends the Government Code to state that a county clerk or district clerk is not liable for the disclosure, in the ordinary course of business, of a Social Security number contained in information held by the county or district clerk. However, the county or district clerk shall establish a procedure for the redaction of a Social Security number in information held by the clerk, including information available on an Internet website maintained by or controlled by the clerk upon written request by that individual or that person's authorized representative."
InfoMart will be closely monitoring the status of any opinions or legislation related to this situation.
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