An outfit called DFW Scanning has sent our county clerk a letter that simultaneously offers to buy all of the clerk's electronic indexes, scanned images and microfilm and then invokes the Act "we will scan any and all images that are not on either microfilm or scanned images."

Obviously, DFW Scanning wants to pay our county a few bucks and take the records and put them on the internet so that their company and others won't ever have to pay our clerk for copies again. If you question their tactics, they wrap themselves in the Public Info Act.

To me, there's a big difference between a citizen being able to make his or her own copies and a corporation that does this sort of thing for what appears to be substantial profit. But I realize my moral outrage isn't going to get the county very far. Any ideas? Would it be worth requesting another AG opinion on this popular topic?

Are they trying to purchase civil and criminal records or just civil filings.
Most Criminal Records are kept/maintained/held for the judiciary and are not public information. These request create real problems when people later seek to have their records sealed/expunged/pet for non disclosre etc. There are already several attorney general opinions on criminal records kept for the judiciary exception.

Their request is pretty broad ("any and all electronic indexes", "any and all scanned images", etc.). I know I can ask them to clarify their request, but I'd just be buying time. I know what they want.

They may be able to invoke the act for existing records and indeces, but not for an ongoing obligation to do so. Since the act does not require a governmental entity to prepare or assemble new information in response to a request, A & T Consultants, Inc. v. Sharp, 904 S.W.2d 668, 676 (Tex. 1995), it does not compel compliance with or acquiescence to a "running" or "standing" request. See, e.g., Tex. Att'y Gen. ORD-476 (1987, at 1; Tex. Att'y Gen. ORD-465 (1987), at 1 n. 1.

With that said, they are free to inspect extant records at no charge and, probably, to scan them with their own equipment (if it's not so large or obtrusive that it interferes with the clerk's normal business). As we point out to these entrepreneurs who generally are looking to oust ACS as the bull in the pasture, they are free to explore contracting terms with the clerk and the commissioners court.