County Clerk records to remain Open for next 60 days
Groveton News - March 2007

GROVETON – It was back to “business as usual” in the Trinity County Clerk’s office late last week after a ruling that limited access to county deed records was put on hold for 60 days.

Texas Attorney General Greg Abbott created havoc in courthouses across the state last month when he issued an opinion that county deed records could no longer be accessed directly by the public.

While those records are specifically listed as open to the public in the Texas Public Information Act, Abbott said another law classified the Social Security numbers of living people as confidential.

Because Social Security numbers are listed in the land records, Abbott said that clerks who grant public access to that information could be charged with a felony.

The state attempted to limit public access to Social Security numbers after the rise in identity theft cases, but did not directly address access to public records which contain such information.

On Feb. 26, to meet the conditions of Abbott’s opinion, Trinity County Clerk Diane McCrory was forced to halt all public access to the records in question.

Oil and gas landmen, genealogists, title company representatives and others who wanted information from those records were required to use the county’s record index to identify the land deed in question and then request a copy from a member of the clerk’s staff.

The staff member then had to find the record, read it to find out if it contained any confidential information and then provide a copy with the Social Security numbers redacted.

Because of the increase in oil and gas exploration throughout East Texas, the Trinity County Clerk’s Office has been inundated with oil and gas landmen who were researching the ownership of mineral interests on land throughout the county.

Copies purchased by the landmen have been pushing the revenue generated by the clerk’s office to new record highs almost every month. In January, the clerk’s income reached almost $29,000 with about $20,000 of that coming from the oil and gas records research.

Having the clerk’s staff have to look up and read all of those records greatly slowed down the process and would force counties through the state to increase staff to meet demands.

On Wednesday, Feb. 28, Abbott sent a letter to the Fort Bend County clerk putting a 60-day hold on the implementation of the ruling.

The Fort Bend County clerk had originally sought the opinion in 2005 when the Texas legislature made Social Security numbers an exception to the Public Information Act.

In the letter, Abbott noted legislators had expressed their concern to him that an immediate implementation of the opinion would create logistical chaos in courthouses around the state.

Complex problems were faced by the county clerks responsible for decades-old documents that are frequently laden with Social Security numbers,” he said in the letter.

“Some clerks were left grappling with transitioning to a law that ensures Social Security numbers are always kept confidential. The real world consequence was a virtual halt to a tremendous amount of business and commerce in Texas,” Abbott added.

With the Texas legislature now in session, several lawmakers have indicated they planned to introduce legislation to address the issues raised by Abbott in his opinion.

Abbott indicated that by placing the implementation of the opinion on hold for 60 days, it would give the legislature time to debate the matter and take action.