Legal Services

	“We have a surplus in the preservation fund. What can we use it for?”

Q: What can the county do with the county clerk records management and preservation fund?

This fund is to be used for specific records management and preservation needs. The Texas Attorney General has interpreted this purpose in a couple of ways. This fund may be used:

(1)    To pay that portion of the salaries of any employee in the clerk's office who performs tasks that further specific records management and preservation purposes. The county clerk must determine what constitutes records management and preservation functions, although records management and preservation fees may not be expended without the commissioners court’s approval. - Tex. AG Opinion Nos. GA-0638 (2008) and GA-0118 (2003); or
(2)    For specific records preservation and automation projects, subject to the commissioners court’s advance approval - Tex. AG Opinion No. DM-0492 (1998).

For more information about this fund and others, see our publication Special & Dedicated Funds.