Tex. Gov't Code Section 51.609
Immunity from Liability for Disclosure or Release of Court Documents

(a)

In this section:

(1)

“Court clerk” means the clerk of the supreme court or the court of criminal appeals or the clerk of a court of appeals district court, county court, statutory county court, statutory probate court, justice court, or municipal court.

(2)

“State court document database” means a database accessible by the public and established or authorized by the supreme court for storing documents filed with a court in this state.

(b)

A court clerk is not responsible for the management or removal of a document from a state court document database and is not liable for damages resulting from the release of a document in the database if the clerk in good faith performs the duties as clerk as provided by law and the Texas Rules of Civil Procedure.

(c)

If a court clerk in good faith performs the duties as a clerk as provided by law and the Texas Rules of Civil Procedure, the clerk, the county in which the court is located, and the commissioners court of the county in which the court is located are immune from suit and from liability for the release or disclosure of information that is confidential or otherwise prohibited from disclosure by law, rule, or court order and that is accessed from a state court document database.

(d)

A court clerk is not liable for the release of a sealed or confidential document in the clerk’s custody unless the clerk acted intentionally, or with malice, reckless disregard, or gross negligence in the release of the document.
Added by Acts 2019, 86th Leg., R.S., Ch. 1040 (H.B. 685), Sec. 1, eff. June 14, 2019.

Source: Section 51.609 — Immunity from Liability for Disclosure or Release of Court Documents, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­51.­htm#51.­609 (accessed Jun. 5, 2024).

51.001
Appointment 51.002
Clerk Pro Tempore 51.003
Removal of Clerk 51.004
Duties 51.005
Fees and Costs 51.006
Fee for Attorney’s License or Certificate 51.007
Vacancy During Vacation 51.0045
Electronic or Microfilm Storage 51.0046
Privacy of Certain Records and Documents 51.0051
Additional Fees 51.101
Oath 51.102
Deputy Clerk 51.103
Removal of Clerk 51.104
Duties and Liabilities 51.105
Electronic Storage 51.201
Appointment 51.202
Clerk Pro Tempore 51.203
Removal of Clerk 51.204
Records of Court 51.205
Electronic or Microfilm Storage 51.206
Law Library 51.207
Fees and Costs 51.208
Additional Fees 51.301
Vacancy 51.302
Bond 51.303
Duties and Powers 51.304
Preservation of Records 51.306
Recording Proceedings of More than One Court 51.307
Transferred Judgments 51.308
Clerk Pro Tempore 51.309
Deputy Clerks and Other Employees 51.310
Deputy District Clerks of Bexar County 51.311
Special Deputy District Clerk in Lubbock and Nueces Counties 51.312
Special Deputy District Clerk in Dallas, El Paso, Harris, Tarrant, and Travis Counties 51.313
Special Deputy District Clerk in Collin and Denton Counties 51.314
Special Deputy District Clerk in Galveston County 51.315
Special Deputy District Clerks for Certain Courts in Harris County 51.316
Deputy Clerk and Assistant in Hidalgo, Jefferson, and Nueces Counties 51.318
Fees Due When Service Performed or Requested 51.319
Other Fees 51.320
Bill for Services 51.322
Removal 51.401
Clerk Pro Tempore 51.402
Duties and Powers 51.403
Transfer of Cases 51.404
Special Deputy County Clerk in Galveston County 51.501
Joint Clerks 51.502
Seal 51.601
Court Reporter Service Fund 51.602
Compensation of Certain Clerks 51.605
Continuing Education 51.606
Prohibited Fees 51.607
Implementation of New or Amended Court Costs and Fees 51.608
Imposition of Court Costs in Criminal Proceedings 51.609
Immunity from Liability for Disclosure or Release of Court Documents 51.610
Uncollectible Fees 51.801
Definition 51.802
Place of Filing 51.803
Supreme Court Regulation and Approval 51.804
Completion of Electronic Filing 51.805
Transmission or Distribution of Data 51.806
Signature on Original 51.807
Local Rules 51.808
Notice of Self-help Resources 51.851
Electronic Filing Fee 51.852
Statewide Electronic Filing System Fund 51.901
Fraudulent Document or Instrument 51.902
Action on Fraudulent Judgment Lien 51.903
Action on Fraudulent Lien on Property 51.904
Warning Sign 51.905
Documents Filed with Secretary of State 51.941
Additional Filing Fee in Appellate Courts for Basic Civil Legal Services for Indigents 51.942
Rules 51.943
Basic Civil Legal Services Account 51.1045
Electronic Documents and Digital Multimedia Evidence 51.3031
Issuance of United States Passports 51.3032
Electronic Display of Official and Legal Notices by District Clerk 51.3071
Transfer of Cases 51.3195
Copies of Court Records Preserved Only on Microfilm or by Electronic Method
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 51.609’s source at texas​.gov