Our County Clerk has received a Public Information Request for electronic copies of all documents recorded in the "official records of real property" in Hale County. This is one of those outfits thatwants to put all these records on the internet, I think.

Our clerk is concerned because some of the documents contain social security numbers, etc. I have an Open Records Letter Ruling (OR2002-3039) that indicates that she has to make these available, assuming they want to pay the price.

Has anyone dealt with this recently, and are there any other outs? (I think that the clerk's office has the capability of making an electronic copy).

The clock is running for me to submit a request for an ruling from the AG.

We received a similar request and simply responded that we do not have the ability to convert our records to the format requested. It is my understanding that that is a legitimate answer to their request - and that "ability" is not necessarily limited to technological capability.

We told them we did not have the capablity to produce the records in the form requested and did not have a compter tech on staff etc. They were not happy but they haven't bother us in a while. If you need a copy of the correspondence, let me know and I will see if I can find it.
Mike Hartman
Scurry County
scurryca@snydertex.com

From the language you've put forward, it sounds like the request for future entries in the official records constitutes a "running" request, which the AG has repeatedly characterized as improper. In the past, we've offered to contract with them for the provision of such information, less the confidential information (and at a reasonable and lawful cost, of course). If you would like copies of some of our correspondence, please e-mail me or give me a call.

We have had another such request for these records. We requested a letter opinion from the attorney general on the last request, and went down in flames.

I now have a new idea about protecting sensitive personal information by requiring the requestor to sign an agreement not to disseminate the information to third parties. This agreement would keep the requestor from selling this information indiscriminately over the internet. I have worked out a reasonable argument in favor of doing this.

This does not involve a claim that the information falls under an exception to the PIA, but I would feel better getting an opinion from the Attorney General. Does requesting an Attorney General Opinion (not a PIA opinion, but a regular opinion) also stop the time limits under the PIA? Or should we just send a reply to the requestor saying "if you pay $X and sign this agreement, we will send the information that you requested?

If the request is for deed records and similar matters that are recorded with the County Clerk, then you're probably limited to quoting the charges and coughing it up once they pay up. I don't think that requesting a standard AG opinion will toll any deadline under the PIA, since you're not jumping through the hoops created by subchapter G of the PIA. If they've asked for the material in electronic form, you're required to provide it in the electronic form you can produce, not necessarily the one they want. In paper form (which savvy requestors never seek), they have to pay Local Government Code rates ($1.00 per page). Of course, if they're court records -- such as probate, mental health or county court criminal or civil matters -- the PIA doesn't apply anyway. On the other hand, if the records consist of information that isn't deed record or similar data and that contains social security numbers disclosed by virtue of the law that authorized or required the record in the first place, they may be confidential under section 552.101 and properly subject to another request for decision.