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Description of Office: District / County Clerk
~ From Texas Association of Counties ~
District Clerk
District clerks are called on to assure that the affairs of the district
courts are maintained objectively with the full confidence of judicial
authorities.
The Texas Government Code states the duties and powers of the clerk
of the district court: “The clerk of the District Court has custody of
and shall carefully maintain and arrange the records relating to or
lawfully deposited in the clerk’s office.” The district clerk shall:
- Record the acts and proceedings of the district court;
- Enter all judgments of the court under the direction of the judge;
- Record all executions issued and the returns issued on the executions;
- Administer child support payments;
- Administer trust accounts for minors ordered by the courts;
- Keep an index of the parties to all suits filed in the court, and make reference to any judgment made in the case; and
- Keep an account of all funds collected by the office, by way of
fines and fees, and the amount due jurors in district court for service.
County Clerk
Without county clerks, many of government’s underlying responsibilities would go undone.
The main duties of the county clerk are:
- Administering all county and state elections, including early voting
and primaries, unless the commissioners court has transferred the
function to the tax assessor-collector or an office of county election
administrator;
- Serving as clerk of the county court and the commissioners court and keep records of the proceedings;
- Acting as recorder of deeds and other instruments;
- Filing and recording birth and death certificates;
- Recording assumed names, wills and probate;
- Issuing marriage licenses; and
- Accounting for all funds paid to the office by way of fines and fees, and the amount owed to county court jurors for service.
In Texas counties with a population of less than 8,000, unless there
has been a special election, the county clerk also serves as the
district clerk, assuming all constitutional and statutory duties of the
district clerk, along with those of county clerk.