Texas Attorney General Opinion: H-360 Page: 2 of 4
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The Honorable Jim Sharon Bearden page 2
clerk, would the district .clerk be liable personally
for such funds?
We understand from your letter that we are to assume the funds
were paid into the Registry of the District Court and came into the construc-
tive or actual possession of the Clerk at some time. The brief accompany-
ing your request sets out the applicable statutes and ably reviews the
authorities as follows:
Article 2558a, Sec. 9, V. T. C. S., states:
The County and District Clerks shall not be
responsible for any loss of the Trust Funds
through failure or negligence of any depository,
but nothing in this Act shall release any County
or District Clerk for any loss resulting from
any official misconduct or negligence on his part
nor from any responsibility for such Trust Funds
until a depository shall be selected and the funds
deposited therein nor for any misappropriation of
such funds by him. Upon the deposit in the legally
selected depository of the Trust Funds by any
County of District Clerk, such Clerk shall there-
after be relieved of the safekeeping of said funds.
Article 2290, V.T, C.S. says:
The officer having custody of any money, debt, script,
instrument or writing, or other article paid or
deposited in court during the progress of any cause
to abide the result of any legal proceeding, shall
seal up in a secure package the identical money or
other article so received and deposit it in some
safe or bank vault, keeping it always accessible and
subject to the control of the court; and he shall also
keep in his office as a part of the records thereof ap. 1693
(H-360)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-360, text, July 30, 1974; (https://texashistory.unt.edu/ark:/67531/metapth270885/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.