BuffyMars
02-27-2007, 10:38 AM
Where it all started - Enjoy the show !
Fort Bend's Public Records Go Off-line In Wake Of AG Opinion
by Bob Dunn, Feb 24, 2007, 10 20 am
An opinion issued Wednesday by Texas Attorney General Greg Abbott could bring a halt to home-buying, other real estate transactions and some bank lending activities beginning Monday in Fort Bend County and elsewhere across the state.
In a complex opinion interpreting the Texas Public Information Act and stemming from a November 2005 request by former Fort Bend County Attorney Bud Childers, Abbott says Texas county clerks “must redact Social Security numbers of living persons from records” under their control “prior to making those records available on the Internet.”
Failure to do so, the opinion indicates, could amount to “distribution of confidential information under the PIA,” which “constitutes official misconduct and a criminal misdemeanor punishable by a fine of up to $1,000, confinement in the county jail for up to six months, or both.”
Fort Bend County Clerk Dianne Wilson said she learned of the opinion while she was in Austin this week, and on Thursday ordered staff members in her office to begin redacting Social Security numbers from public records under her control that are available on the Internet.
But then late Friday afternoon County Attorney Roy Cordes Jr. called, she said, and told her Abbott’s opinion also referred to “other confidential information” not specifically defined, but which also should not appear on Internet-available records.
“All I could say is, ‘Oh My God,’” Wilson said. “County clerks have now been advised to shut access to public information down.”
In Fort Bend County, until county officials are able to obtain a clearer interpretation of the intent of Abbott’s opinion, images of nearly all records in Wilson’s office have been removed from the Internet, and also cannot be accessed in person at the courthouse.
“Come Monday morning, they can see the index” showing particular documents exist, “but not the image” of the document itself, Wilson said.
The move, which effectively shuts down public access to most public documents, is in the works at numerous other counties across the state as well.
In a Friday letter to member counties from the Texas Association of Counties, the association’s legal department advises member counties to “consult with your county attorney and obtain a written opinion advising you how to process requests for inspection or copying under the Act” as interpreted by Abbott.
“Until you can get such an opinion, you should proceed with extreme caution. In light of the criminal penalties for disclosing confidential information, it would appear to be unwise to allow the public access to any information until you establish that the information requested does not contain a Social Security number.
“We realize that most of you have limited resources, and that the attorney general’s ruling will have the effect of hampering access to public information, at least until a variety of legal, financial and logistical issues can be resolved,” the letter to member counties states.
Wilson said “until someone can determine” what other information besides Social Security numbers are to be considered confidential, “I can’t release any information” in public documents, for fear of inadvertently committing a crime, because “I am not knowingly going to commit a crime.”
Dealing with Abbott’s opinion likely will be costly. Wilson said Harris County officials estimate that the job of redacting Social Security numbers from existing documents will cost that county $17 million.
Childer’s request for an opinion from the AG came in an attempt to gain clarity over a change in the Public Information Act created by the Texas Legislature in 2005, when language was added to the act stating that a governmental body “may redact” the Social Security number “of a living person” from public documents. One major question Wilson had at the time was whether “may” meant such redaction was mandatory or not.
The impact of using Abbott’s recent interpretation of the Public Information Act to essentially shut down access to public information could be significant. While title company officials could not be reached for this story on Saturday, they generally are required to access public documents to make certain no liens exist on properties involved in transactions. Without being able to access those documents and make those determinations, insurance companies presumably won’t provide title insurance, which is required by law.
Conceivably, that means home-buying and other real estate activity in Fort Bend and other area counties could grind to a halt until county attorneys obtain more information about Abbott’s intent.
“This opinion disrupts the whole real property transfer system we have,” Don Lee, executive director of the Texas Conference of Urban Counties, told the San Antonio Express-News. “There’s a real possibility you won’t be able to close on a house.”
“If you go to the bank on Monday to borrow money and they can’t check the public record” to determine your credit background or whether you have liens pending, “they will have to let you know that they can’t lend you money,” Wilson said, “unless they know you personally.”
“Really, nobody understands the full implications of this,” she added. “How are employers supposed to do criminal background checks?”
County Attorney Roy Cordes Jr. said officials across the state of Texas have been discussing Abbott’s opinion ever since Wednesday. And while it focuses on Social Security numbers, he said “confidential information” apples to more than just those numbers.
Cordes said he believes that “until we can ascertain how to respond to the opinion” it is reasonable to shut off access of public documents to the public, “at least closing off the Internet access.”
Cordes also said his office may ultimately talk to District Clerk Annie Elliott about whether Abbott’s ruling has implications for records her office controls.
Abbott press officials couldn’t be reached Saturday for comment on this article.
1 Jason Smith - Feb 24, 11:18 am
How will privately owned sites like www.TexasFile.com be affected by having the same public information online?
6 Ron - Feb 25, 09:37 pm
It’s a little late to protect our information at this point, it’s been available for years and I am sure all the con artists who wanted that information already has it. Not to mention, if you have the money any information can be obtained on anyone including bank accounts and so on.
7 David Bloys - Feb 26, 08:31 am
Good point Ron.
Until last week Texas was bleeding sensitive information from about 30 counties. There is no way to return the data now that it has been spilled, but the AG’s Opinion has closed many of the wounds.
8 Value - Feb 26, 03:54 pm
To protect the residents and voters, all the TCEQ MUD permits need to be review for under- written bacteria increase in our bayous(Federal water).
9 ray - Feb 26, 03:54 pm
OK, so let me see, lets shut down the real estate business, oil and gas leasing, bank lending, etc. because of the concern over SSN that have been in the public record for years? The Attorney General’s snake oil cure is far worse than the illness…..
Fort Bend's Public Records Go Off-line In Wake Of AG Opinion
by Bob Dunn, Feb 24, 2007, 10 20 am
An opinion issued Wednesday by Texas Attorney General Greg Abbott could bring a halt to home-buying, other real estate transactions and some bank lending activities beginning Monday in Fort Bend County and elsewhere across the state.
In a complex opinion interpreting the Texas Public Information Act and stemming from a November 2005 request by former Fort Bend County Attorney Bud Childers, Abbott says Texas county clerks “must redact Social Security numbers of living persons from records” under their control “prior to making those records available on the Internet.”
Failure to do so, the opinion indicates, could amount to “distribution of confidential information under the PIA,” which “constitutes official misconduct and a criminal misdemeanor punishable by a fine of up to $1,000, confinement in the county jail for up to six months, or both.”
Fort Bend County Clerk Dianne Wilson said she learned of the opinion while she was in Austin this week, and on Thursday ordered staff members in her office to begin redacting Social Security numbers from public records under her control that are available on the Internet.
But then late Friday afternoon County Attorney Roy Cordes Jr. called, she said, and told her Abbott’s opinion also referred to “other confidential information” not specifically defined, but which also should not appear on Internet-available records.
“All I could say is, ‘Oh My God,’” Wilson said. “County clerks have now been advised to shut access to public information down.”
In Fort Bend County, until county officials are able to obtain a clearer interpretation of the intent of Abbott’s opinion, images of nearly all records in Wilson’s office have been removed from the Internet, and also cannot be accessed in person at the courthouse.
“Come Monday morning, they can see the index” showing particular documents exist, “but not the image” of the document itself, Wilson said.
The move, which effectively shuts down public access to most public documents, is in the works at numerous other counties across the state as well.
In a Friday letter to member counties from the Texas Association of Counties, the association’s legal department advises member counties to “consult with your county attorney and obtain a written opinion advising you how to process requests for inspection or copying under the Act” as interpreted by Abbott.
“Until you can get such an opinion, you should proceed with extreme caution. In light of the criminal penalties for disclosing confidential information, it would appear to be unwise to allow the public access to any information until you establish that the information requested does not contain a Social Security number.
“We realize that most of you have limited resources, and that the attorney general’s ruling will have the effect of hampering access to public information, at least until a variety of legal, financial and logistical issues can be resolved,” the letter to member counties states.
Wilson said “until someone can determine” what other information besides Social Security numbers are to be considered confidential, “I can’t release any information” in public documents, for fear of inadvertently committing a crime, because “I am not knowingly going to commit a crime.”
Dealing with Abbott’s opinion likely will be costly. Wilson said Harris County officials estimate that the job of redacting Social Security numbers from existing documents will cost that county $17 million.
Childer’s request for an opinion from the AG came in an attempt to gain clarity over a change in the Public Information Act created by the Texas Legislature in 2005, when language was added to the act stating that a governmental body “may redact” the Social Security number “of a living person” from public documents. One major question Wilson had at the time was whether “may” meant such redaction was mandatory or not.
The impact of using Abbott’s recent interpretation of the Public Information Act to essentially shut down access to public information could be significant. While title company officials could not be reached for this story on Saturday, they generally are required to access public documents to make certain no liens exist on properties involved in transactions. Without being able to access those documents and make those determinations, insurance companies presumably won’t provide title insurance, which is required by law.
Conceivably, that means home-buying and other real estate activity in Fort Bend and other area counties could grind to a halt until county attorneys obtain more information about Abbott’s intent.
“This opinion disrupts the whole real property transfer system we have,” Don Lee, executive director of the Texas Conference of Urban Counties, told the San Antonio Express-News. “There’s a real possibility you won’t be able to close on a house.”
“If you go to the bank on Monday to borrow money and they can’t check the public record” to determine your credit background or whether you have liens pending, “they will have to let you know that they can’t lend you money,” Wilson said, “unless they know you personally.”
“Really, nobody understands the full implications of this,” she added. “How are employers supposed to do criminal background checks?”
County Attorney Roy Cordes Jr. said officials across the state of Texas have been discussing Abbott’s opinion ever since Wednesday. And while it focuses on Social Security numbers, he said “confidential information” apples to more than just those numbers.
Cordes said he believes that “until we can ascertain how to respond to the opinion” it is reasonable to shut off access of public documents to the public, “at least closing off the Internet access.”
Cordes also said his office may ultimately talk to District Clerk Annie Elliott about whether Abbott’s ruling has implications for records her office controls.
Abbott press officials couldn’t be reached Saturday for comment on this article.
1 Jason Smith - Feb 24, 11:18 am
How will privately owned sites like www.TexasFile.com be affected by having the same public information online?
6 Ron - Feb 25, 09:37 pm
It’s a little late to protect our information at this point, it’s been available for years and I am sure all the con artists who wanted that information already has it. Not to mention, if you have the money any information can be obtained on anyone including bank accounts and so on.
7 David Bloys - Feb 26, 08:31 am
Good point Ron.
Until last week Texas was bleeding sensitive information from about 30 counties. There is no way to return the data now that it has been spilled, but the AG’s Opinion has closed many of the wounds.
8 Value - Feb 26, 03:54 pm
To protect the residents and voters, all the TCEQ MUD permits need to be review for under- written bacteria increase in our bayous(Federal water).
9 ray - Feb 26, 03:54 pm
OK, so let me see, lets shut down the real estate business, oil and gas leasing, bank lending, etc. because of the concern over SSN that have been in the public record for years? The Attorney General’s snake oil cure is far worse than the illness…..