Records Appraisal Report:
Secretary of State State of Texas Records

Appraisal of Archival Holdings

Contents of this report
Agency Contact
| Agency History | Project Review | Record Series Reviews

Internal links to series reviews
Correspondence
Letterpress books
Registers of letters received
Correspondence and subject files (Mark White)
Election of 1976 subject files (Mark White)
Speeches (Mark White)
Joint Advisory Committee on Government Operations (Hobby Commission) files (Mark White)
Correspondence files (George Strake)
Subject files (Dean, Fainter, and McDaniel)
Correspondence files (Fainter and McDaniel)
Committee files (Dean, Fainter, and McDaniel)
Subject files (Jack M. Rains)
Inventories of state property
Budget records
Election returns (precinct-by-precinct)
Statements of canvass
Certificates of election and qualification of county and precinct officers
Lists of registered voters
Voter registration figures (precinct by precinct)
Primary finance files
Republican and Democratic Party convention minutes
Election inspectors' reports
Elections Division correspondence files
Election materials
Financial disclosure statements/affidavits
Campaign contribution and expense statements (candidates)
Campaign contribution and expense statements (Political Action Committees)
Speaker's race, campaign finance statements
Lobbyist activity reports
Registers of corporate charters
Indexes to registers of corporate charters
Indexes to corporate charters
Number indexes to domestic corporations
Lists/indexes of foreign corporations
Index of exempt corporations
Volumes concerning problems with corporate charters
Reports on corporations
Trademarks
Antitrust affidavits
Franchise tax statements returned
Franchise tax receipts
Executive clemency - Applications for pardons
Registers of applications for pardons
Governor's clemency proclamations
Indexes to clemency proclamations
Reward records
Deeds, abstracts, and deeds of cession of jurisdiction
City charters and amendments
Railroad charters and related records
Railroad contracts and conditional sales
Notary public records
Governor's proclamations
Official memoranda by the Secretary of State or Governor
Governor's official commissions
Commissioners of Deeds files
Applications for labor organizers' cards
Annual reports of labor organizations
Labor exemption orders
Federal contracts
Public utility reports
Public weighers files
Cash management notes file
Roster of registered architects
Rosters of professional engineers
Names of all duly licensed funeral directors, embalmers, and funeral establishments
Board of Medical Examiners' registers
Rosters of physical therapists
Governor for a Day reports
Speaker's Day reports
Inaugural fund filings
Sam Houston Bicentennial Celebration Commission financial report
Stephen F. Austin Bicentennial Celebration Commission financial statement

Related report
Appraisal of Secretary of State Republic of Texas records

Archival finding aids
Texas Secretary of State: An Inventory of Executive Record Books at the Texas State Archives, 1835-1917
An Inventory of Secretary of State Consular Correspondence at the Texas State Archives, 1836-1850, 1873-1875, bulk 1836-1846
An Inventory of Secretary of State Statutory Documents Section Redistricting Plans at the Texas State Archives, 1981-1982, 1991-1993
Texas Secretary of State, Statutory Documents Section: An Inventory of Deed Files at the Texas State Archives, 1848-1994, undated (not inclusive) (bulk 1928-1963)
Texas Secretary of State, Statutory Documents Section: An Inventory of Executive Clemency Records at the Texas State Archives, 1840, 1845-2002
An Inventory of Secretary of State City Charters and Amendments at the Texas State Archives, 1913-2002
An Inventory of Secretary of State Railroad Records at the Texas State Archives, 1876-1993
Texas Secretary of State, Statutory Filings Division, Statutory Documents Section: An Inventory of Election Registers (a.k.a. Appointment Registers) at the Texas State Archives, 1837-1987
Texas Secretary of State, Statutory Filings Division, Statutory Documents Section: An Inventory of Legislative Bills and Resolutions Filed (General and Special Laws) at the Texas State Archives, 1836-2001
Texas Secretary of State, Statutory Filings Division, Statutory Documents Section, Notary Public Unit: An Inventory of Notary Public Records at the Texas State Archives, 1849-1991 (bulk 1870-1991)
Texas Secretary of State, Statutory Filings Division, Statutory Documents Section: An Inventory of Rosters of Physical Therapists at the Texas State Archives, 1972-1995


December 15, 1998, Tony Black, Appraisal Archivist


Agency Contact:

This agency contact information was current at the time of the report but may have changed in the interim. Please call (512-463-5455) for current contact information of the agency's records manager or records liaison for these records.

Linda Stout
Records Management Officer
Rudder Building, Room 214
1019 Brazos Street
Austin, TX 78711

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Agency History and Structure:

The Secretary of State is a constitutional officer of the executive branch of state government, appointed by the governor and confirmed by the senate for a term concurrent with the governor's (a two-year term at first, a four-year term since 1974). The office was first created by the Constitution of the Republic of Texas in 1836, and has been continued by each succeeding Constitution.

The Secretary of State has an enormous number of duties and responsibilities, including the following:

  • authenticating the publication of all laws passed by the state legislature;
  • approving comptroller's accounts against the state prior to payment;
  • maintaining a register of all official acts and proceedings of the governor, and all appointments to state boards and commissions;
  • interpreting and enforcing the Texas Election Code, as the state's chief election officer;
  • keeping the Seal of the State of Texas;
  • maintaining many business-related filings, including corporation and Uniform Commercial Code filings.

The office of the Secretary of State is divided into five divisions: Executive, Elections, Statutory Filings, Administrative Services, and Information Services. In its turn the Statutory Filings Division is divided into four sections: Corporations, Statutory Documents, Uniform Commercial Code, and Texas Register.

The Executive Division consists of the Secretary of State, an Assistant Secretary of State, a General Counsel, an Internal Auditor, a fluctuating number of Special Assistants, plus support staff. All top-level decisions, including legal and financial ones, are made by this division, which supervises all other divisions.

The Administrative Services Division provides financial and administrative support for the agency, handling the functions of personnel, payroll, purchasing, mail distribution, and space planning/allocation. It is this division which prepares the biennial budget.

The Elections Division assists the Secretary in carrying out his duties as the state's chief election officer, including the following:

  • prepares detailed and comprehensive written instructions on election laws and distributes them to state and local authorities who administer the laws;
  • receives official filings of election-related lists, records, and petitions;
  • maintains a registration service master file containing voter registration information for each registered voter in the state;
  • provides for the training of election judges and clerks;
  • certifies (in writing) the name of each candidate for U.S. president and vice-president and each candidate nominated at a primary election or party convention for a statewide or district office that will appear on the general election ballot;
  • participates in Project V.O.T.E. (Voter of Tomorrow through Education), created in 1991 to expose school-age children to the electoral process and to familiarize them with the mechanics of the electoral and legislative processes.

In 1992, the functions of the Elections Division's Disclosure Filings Section were transferred to the newly created Texas Ethics Commission. Those duties had included the administration of certain ethics filings, created during the 1970s: statements of campaign contributions and expenditures for individuals and for political action committees (PACs), personal financial disclosure statements required of candidates and certain elected and appointed state officials, speaker's race reports, registration and reports of lobbyists.

The Statutory Filings Division, composed of four sections (Corporations, Statutory Documents, Texas Register, and Uniform Commercial Code Sections), assists the secretary in most of his other duties.

The Corporations Section:

  • issues charters to domestic corporations and certificates of authority to foreign corporations;
  • processes and files other corporations, limited partnership, and limited liability company documents, and assumed-name certificates for incorporated businesses or professions;
  • registers foreign bank agencies;
  • reviews and files trademarks and service marks under the Texas trademark statute; and
  • registers limited liability partnerships.

The Statutory Documents Section:

  • appoints, reappoints, and commissions all notaries public for the state (since 1940);
  • records the charters of home rule cities;
  • files amendments of charters of incorporated towns and villages;
  • files bonds or copies of bonds for state officers and state employees, members of governing bodies of certain constitutionally authorized political subdivisions, and general law districts;
  • files the constitutional statement of bribery;
  • issues cards to all labor organizers in the state;
  • files labor union annual reports;
  • registers business opportunity sellers in Texas;
  • registers health spas, athlete agents, and credit service organizations;
  • files rosters of chiropractors, hearing aid fitters and dispensers, optometrists, physical therapists, professional engineers, psychologists, state land surveyors, tax assessor examiners;
  • licenses and regulates automobile clubs;
  • files deeds of cession; etc.

The Texas Register Section:

  • publishes the Texas Register (containing reports of proposed and adopted rules of state agencies, proclamations of the governor, requests for and summaries of Attorney General Opinions, open meeting notices, notices of meetings of state governmental bodies, and other information relating to the functioning of state government); and
  • is involved with the publication of the Texas Administrative Code, the compilation of all state agency rules.
    (The Administrative Procedure and Texas Register Act was passed in 1975; the Administrative Code Act was passed in 1977.)

The Uniform Commercial Code Section:

  • files financing statements to perfect security interest in certain property; and
  • files utility security instruments and federal liens.
    (The Uniform Commercial Code was adopted in 1966.)

The former Securities Division (1935-1957) administered the Securities Act of 1935 (which replaced the Blue Sky Law of 1923), requiring dealers, agents, or salesmen who offer for sale any securities in Texas to secure a permit. (These duties were transferred to the State Securities Board in 1957.)

Duties of the former Franchise Tax Division (mentioned as early as 1942) were transferred to the Comptroller in 1960.

The former Parole Division (which existed since 1946):

  • maintained records and acted as liaison with the county parole boards, the Board of Pardons and Paroles, and the Governor;
  • had charge of out-of-state parolees in Texas, through the Interstate Parole Compact;
  • prepared all clemency proclamations issued by the governor.
    (Many of its duties were transferred to the Division of Parole Supervision of the Board of Pardons and Paroles in 1960.)

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Project Review:

I volunteered to appraise the records of this agency in March 1996. In May 1997, the priorities of the Archives and Information Services Division of the Texas State Library and Archives Commission shifted. We decided that I should perform an in-house appraisal of Secretary of State records retained by the State Library, before doing an appraisal of all existing Secretary of State records. In November 1997, the appraisal team agreed that I should first produce a separate appraisal report on the Republic-era records of the Secretary of State, which I completed in January 1998.

This is an in-house appraisal of the non-Republic-era Secretary of State records retained by the Archives and Information Services Division of the Texas State Library and Archives Commission. A number of factors have led to difficulties in conducting this appraisal: the sheer volume of the records; the unprocessed state of many of them; the lack of finding aids for many of them; the fact that they were transferred without appraisal, and accepted with the knowledge that detailed processing, (including item weeding) would be required. As a result, sometimes the descriptions in the record series reviews that follow are not as precise as we would like.

I have reviewed the following: Handbook of Governments in Texas (1983); Manual of Texas State Government (1950); Guide to State Agencies (1st-9th editions, 1956, 1964, 1970, 1972, 1978, 1990, 1992, 1994, 1996); Texas Constitution, Article IV, Sections 1 and 21 (and others); legislation, including V.T.C.A., Government Code, Chapter 405, and General and Special Laws pertaining to the Secretary of State; biennial reports of the Secretary of State, 1870-1922 and 1932-1934; and the most recent Strategic Plan.

I have also reviewed the Secretary of State's records retention schedule, a recertification approved November 1, 1995.

38 series on the agency records retention schedule are marked "A", as archival. Of these, 22 series are non-Republic records of the Secretary of State already held in archival holdings of the Texas State Library and Archives Commission:

Administrative Services Division:

Legislative Appropriations Request.

Elections Division:

Election Inspector Files;
County Precinct Maps; and
Election Returns - Precinct by Precinct.

Statutory Filings Division:
Statutory Documents Section:

Cash Management Notes;
City Charters;
Commissions, Governor's Official;
Deeds of Cession;
Engineers, Registration of Professional;
Executive Orders, Governor's;
Funeral Directors, Embalmers, and Funeral Establishments, Names of All Duly Licensed;
Governor for a Day Reports;
Inaugural Fund;
Memoranda by the Secretary of State or Governor (official);
Official List of Notaries Public;
Optometrists, State Board of Examiners of;
Physical Therapy Examiners, Board of;
Proclamations, Governor's Clemency;
Proclamations, Governor's Official;
Psychologists, Roster of State Board of;
Railroad Filings;
Speaker's Day Reports.

31 series are marked "R", for archival review. Of these, 13 series are non-Republic records of the Secretary of State already held, or possibly held, in archival holdings of the Texas State Library and Archives Commission:

Elections Division:

Correspondence, Administrative;
SOS Legal Opinions & Advice;
News or Press Releases;
Publication Files;
Elections Division Publications - record copy;
Reports - Administrative;
Special/Non-Routine Reports;
Primary Finance Files;
Precinct by Precinct Voter Registrations;
Political Party Rules; and
Polling Place Accessibility Report.
Executive Division:
Administrative Files.

Statutory Documents Section:

Labor Union Reports.

Archives Holdings:

The Archives and Information Services Division of the Texas State Library and Archives Commission holds 72 series of Secretary of State records, not including those that contain Republic of Texas documents.

Executive Division:

Correspondence, 1846-1937, 114.44 cubic ft.
Letterpress books, 1860-1905, 24 cubic ft.
Registers of letters received, 1870-1872, 1876, 0.80 cubic ft.
Correspondence and subject files (Mark White), 1973-1977, 11.2 cubic ft.
Election of 1976 subject files (Mark White), 1976-1977, 1 cubic ft.
Speeches (Mark White), 1973-1977, 2 cubic ft.
Joint Advisory Committee on Government Operations (Hobby Commission) files (Mark White), 1975-1977, 1 cubic ft.
Correspondence files (George Strake), 1979-1980, 2 cubic ft.
Subject files (Dean, Fainter, and McDaniel), 1968-1987 (bulk 1981-1987), 6.2 cubic ft.
Correspondence files (Fainter, and McDaniel), 1983-1986, 3.37 cubic ft.
Committee files (Dean, Fainter, and McDaniel), 1982-1986, 2.9 cubic ft.
Subject files (Jack M. Rains), 1978-1989 (bulk 1987-1989), 3 cubic ft.
Inventories of State property, 1870, 1898-1917, 1.18 cubic ft.

Administrative Services Division:

Budget records, 1976-1985, 1 cubic ft.

Elections Division:

Election returns (precinct by precinct), 1972-1986, 79.25 cubic ft.
Statements of canvass, 1976, 6 cubic ft.
Certificates of election and qualification of county and precinct officers, 1906, 1912-1913, 1926-1927, 1936-1938, 1970-1980, 6.83 cubic ft.
Lists of registered voters, 1867-1869, 1917-1918, 1947-1948, 19.25 cubic ft.
Voter registration figures (precinct by precinct), 1967-1980, 6 cubic ft.
Primary finance files, 1968-1972, 1978-1980, 8.47 cubic ft. plus 10 reels of microfilm
Republican and Democratic Party convention minutes, 1978-1982, 12 reels of microfilm
Election inspectors reports, 1975-1985, 7 reels of microfilm
Elections Division correspondence files, 1967-1975, 1980-1983, 12.25 cubic ft.
Election materials, 1909-1984 (bulk 1940-1984), 61.47 cubic ft.

Disclosure Filings/Campaign and Ethics Section:

Financial disclosure statements/affidavits, 1957-1975, 36 cubic ft.
Campaign contribution and expense statements of candidates, 1918-1989, 253.39 cubic ft.
Campaign contribution and expense statements of Political Action Committees, 1973-1989, 193.2 cubic ft.
Speaker's race, campaign finance statements, 1971-1985, 1 cubic ft.
Lobbyist activity reports, 1987-1989, 16 cubic ft.

Statutory Filings Division:
Corporations Section:

Registers of corporate charters, 1871-1873, 1881-1883, 1.30 cubic ft.
Indexes to registers of corporate charters, 1882-1883, 1899-?, fractional
Indexes to corporate charters, 1871-1904, 1915-1922, 1927-1928, 1.83 cubic ft.
Number indexes to domestic corporations, 1896-1904, 1911-1917, 0.39 cubic ft.
Lists/indexes of foreign corporations, 1889-1890, 1913-1922, 0.1 cubic ft.
Index of exempt corporations, 1871-1926, 0.04 cubic ft.
Volumes concerning problems with corporate charters, 1899-1901, 0.28 cubic ft.
Reports on corporations, 1914, 0.08 cubic ft.
Trademarks, 1895-1927, 0.67 cubic ft.

Statutory Documents Section:

Roster of registered architects, 1937-1949, 1.20 cubic ft.
Cash management notes, 1986, fractional
City charters and amendments, 1913-1994, 14.14 cubic ft.
Governor's official commissions, 1872-1874, 1941-1961, 1985-1991, 8.27 cubic ft.
Commissioners of Deeds files, 1846-1912, 14.57 cubic ft.
Deeds, abstracts, and deeds of cession of jurisdiction, 1848-1978, 9.12 cubic ft.
Rosters of professional engineers, 1963, 1965-1972, 1 cubic ft.
Federal contracts, 1946-1969 (bulk 1951-1969), 52 cubic ft.
Names of all duly licensed funeral directors, embalmers, and funeral establishments, 1981-1983, fractional
Governor for a Day reports, 1985-1994, 0.24 cubic ft.
Speaker's Day reports, 1985-1993, 0.24 cubic ft.
Inaugural fund filings, 1979-1983, 1986-1987, 0.24 cubic ft.
Applications for labor organizers' cards, 1943-1979, 44 cubic ft.
Annual reports of labor organizations, 1975-1978, 8 cubic ft.
Labor exemption orders, 1943-1945, 1966-1972, 3 cubic ft.
Board of Medical Examiners' registers, 1907-1983, 1.44 cubic ft.
Official memoranda by the Secretary of State or Governor, 1983-1987, fractional
Notary public records, 1849-1979, 74.15 cubic ft.
Rosters of physical therapists, 1972-1995, 2.16 cubic ft.
Governor's proclamations, 1893-1910, 1947-1948, 1984-1991, 2.34 cubic ft.
Public utility reports, 1961-1980, 6.02 cubic ft.
Public weighers records, 1879-1882, 1.41 cubic ft.
Railroad charters and related records, 1876-1982, 29.15 cubic ft.
Sam Houston Bicentennial Celebration Commission financial report, 1993, fractional
Stephen F. Austin Bicentennial Celebration Commission financial statement, 1993, fractional

Parole Division [now defunct]:

Executive clemency - Applications for pardons, 1848-1918, 1932-1935 (bulk 1880-1900), 72.03 cubic ft.
Registers of applications for pardons, 1887-1891, 1915-1940, 2.68 cubic ft.
Governor's clemency proclamations, 1846-1995, 14.71 cubic ft.
Indexes to clemency proclamations, 1846-1966, 3.96 cubic ft.
Reward records, 1856-1942, 9.85 cubic ft.

Franchise Tax Division [now defunct]:

Franchise tax statements returned, 1894-1899, 3.88 cubic ft.
Franchise tax receipts, 1908, 1912-1913, 1930, 6.11 cubic ft.

Previous destructions:

Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the office of the Secretary of State, and the following were found, mostly submitted before their adoption of a records retention schedule:

Administrative Division:

Correspondence, 1922-1965 (approved June 9, 1967);
County and precinct officers (miscellaneous), 1907-1960 (approved June 9, 1967);
Department reports, pre-1962 (approved June 9, 1967).

Elections Division:

Democratic and Republican county convention minutes [microfilm], 1978, 1980, 1982 (approved February 2, 1994);
Socialist Worker's Party, Libertarian Party, and independent candidate petitions, 1974 [microfilm], 1978, 1980 (approved January 4, 1989; October 15, 1990; February 2, 1994);
Constitutional amendment election newspaper clippings, 1975 (approved August 18, 1993);
Requests for county clerk certifications, 1980-1983 (approved August 18, 1993);
Invoices (paid) and deposit forms, 1981-1983 (approved August 18. 1993).

Disclosure Filings Section/Enforcement Division:

Federal ethics filings (candidates and PACs), 1973-1989 (microfilmed) (approved December 3, 1986; November 3, 1987; October 14, 1988; January 4 and August 16, 1989);
Personal financial statements for candidates/state officials (House Bill 1 filings), 1973-1976, 1981-1985 (microfilmed) (approved January 4, 1989; October 15, 1990; October 4, 1991);
Disclosure of regulated business interests affidavits, 1974-1983 (approved October 15, 1990);
Political committee documents (except candidate committees), 1981-1983 (microfilmed) (approved January 4, 1989);
Political Action Committees, 1983-1985 (approved October 15, 1990);
Political committee contribution and expenditure reports, 1989-1991 (microfilmed; destroy hard copy after verification) (approved October 11, 1995) (Ethics Commission)
Lobbyists, terminated and deceased, 1974-1984 (microfilmed) (approved April 22, 1986; October 15, 1990);
Lobby filings, 1974-1987 (approved October 15, 1990; October 4, 1991).
State lobbyist activity reports, 1990-1991 (microfilmed; destroy hard copy after verification) (approved October 11, 1995) (Ethics Commission)

Statutory Documents Section:

Apostilles (per 1961 Hague Convention), 1984-1993 (microfilmed) (approved January 22, 1987; September 1, 1988; January 16, and November 8, 1990; October 4, 1991; February 24, 1993);
Audit reports (State Auditor), 1984-1990 (microfilmed) (approved January 28, and December 1, 1988; November 8, 1990); 1963-1986 (authority to file with Secretary of State was repealed; [not microfilmed] approved October 24, 1989);
Automobile clubs and salesmen or agents files, 1984-1990 (microfilmed) (approved March 5, 1986; September 4, and November 3, 1987; October 17, 1988; January 16, 1990; February 19, 1991);
Bonds, public employee, 1979-1987 (microfilmed) (approved November 3, 1987);
Business opportunity filings/exemption statements, 1984-1986 (approved October 15, 1990; October 4, 1991);
Citation files (other, Texas, special, and miscellaneous), 1979-1981, 1985-1993 (microfilmed) (approved May 29, September 25, and October 10, 1986; January 27, April 3, July 10, and October 20, 1987; April 14, September 1, and October 17, 1988; January 11, April 17, August 31, September 20, and November 6, 1989; January 16, March 28, May 15, August 6, September 21, October 15, and November 15, 1990; March 8, April 23, August 14, July 1, September 19, October 4, October 28, and December 17, 1991; January 15, February 19, April 3, June 16, September 14, December 11, and December 21, 1992; March 5, April 2, and May 24, 1993);
Correspondence, general (miscellaneous and office), 1978-1986, 1989-1991 (approved September 25, and October 10, 1986; October 19, and November 8, 1988; October 24, 1989; October 15, 1990; October 4, 1991);
Correspondence, general (Legal Support Unit), 1988-1991 (approved January 15, 1993);
Liquor power of attorney forms, 1974-1986 (microfilmed) (approved October 20, 1987);
Local option election files, 1943-1970, 1976-1981 (microfilmed) (approved November 7, 1988);
Miscellaneous filings, 1985-1990 (approved November 3, 1987; May 13, 1991);
Money records, receipt books, and deposits, 1976-1987 (approved September 25, 1986, September 4, and September 21, 1987; March 18, and October 19, 1988; September 21, and October 15, 1990; October 4, 1991; April 3, 1992);
Municipal boundary listings, pre-1987 (approved March 8, 1991);
Registrations before state agencies, 1971-1988 (approved October 10, 1986; November 6, 1989; October 15, 1990; October 4, 1991; September 30, 1992);
Salary supplements, 1983-1986 (microfilmed) (approved July 10, 1987);
Textbook contracts, 1981-1987 (microfilmed) (approved January 28, 1988);
Suits against Secretary of State and Tort Claims, 1970-1979 (microfilmed) (approved September 25, 1986);
Extradition records [microfilm], 1956-1979 (approved December 16, 1991);
Waiver of extradition and fugitives from justice records, 1958-1974 (approved September 21, 1987);
Sunset Act filings, advisory committee reports, 1982-1988 (microfilmed) (approved November 3, 1987; January 19, 1988);
Certification of House and Senate members, 58th-69th Legislatures, 1963-1985 (approved November 6, 1989);
Meeting notices [microfilm], 1969-1982 (approved October 29, 1991);
Texas County Records Manual file, 1978-1989 [no longer statutorily required to be filed with Secretary of State] (approved March 4, 1992);
Roster of Land Surveyors file, 1982-1987 [no longer statutorily required to be filed with Secretary of State] (approved March 4, 1992);

Corporations Section:

Information letters, 1979-1985 (approved October 1, 1986; October 19, 1988; October 15, 1990; October 4, 1991);
Attorney correspondence, 1983-1987 (approved October 19, 1988; ; October 4, 1991; August 16, 1993);
Cert paid invoices, 1980, 1983-1986 (approved October 15, 1990; October 4, 1991);
Certifying billings, 1978-1980 (approved October 15, 1990);
Tax forfeitures, 1985-1988 (approved August 18, 1993);
Certified mail receipt books, 1983-1988 (approved August 18. 1993);
Credit letters [microfilm], 1988 (approved February 2, 1994);
Corporation money refunds [microfilm], 1978-1984, 1986, 1988 (approved February 2, 1994);

Trademark Section:

Abandoned trademark files, n.d. (approved October 18, 1988; October 4, 1991);
Trademark refunds, 1978-1980 (approved October 15, 1990);

Texas Register Section:

Open meeting notices, 1986-1987 (microfilmed) (approved December 17, 1987; September 1, 1988);
Repealed rules (approved October 1, 1986);
Miscellaneous documents published in Texas Register, 1986-1987 (microfilmed) (approved December 17, 1987; September 1, 1988);
Subscription file [microfilm], 1975-1977 (approved February 2, 1994);
Subscription invoices for Texas Register, 1976-1988 (approved June 8, 1988; August 2, 1989);
Circulation inactive subscribers [microfilm], 1975-1982 (approved February 2, 1994);
Texas Register's working copy [microfilm], 1978 (approved February 2, 1994);

Uniform Commercial Code Section:

Financing statements, 1987-1989 (approved October 15, 1990; October 4, 1991; September 30, 1992);
U.C.C. record searches, terminal usage, transaction listings, 1979-1988 (approved October 1, 1986; October 19, 1988; October 15, 1990; October 4, 1991);
Primary U.C.C. filing records (approved October 24, 1989);
U.C.C. file number index, 1987 (approved October 4, 1991);
Receipts, receipt books, etc., 1980-1986 (approved October 19, 1988; October 15, 1990; October 4, 1991);
Registered walker invoices, 1985-1986 (approved October 4, 1991);
Billing systems invoices, 1985-1986 (approved October 4, 1991);
U.C.C. money number transmittal letters [microfilm], 1980 (approved February 2, 1994);

Fiscal/Financial Management Division:

Fiscal records (vouchers, invoices, receipts, etc.), 1977-1989 (approved October 1, 1986; October 5, 1987; September 1, and October 19, 1988; October 15, 1990; August 14, and October 4, 1991; September 30, 1992);
Texas Register deposits, 1981-1985 (approved October 15, 1990);
U.C.C. deposits, Franchise and Trust deposits, Charter deposits, Notary deposits, 1984-1986 (approved October 15, 1990; October 4, 1991);
Cost center responsibility (approved October 4, 1991);
Inventory and cost records, 1985-1986 (approved October 4, 1991);

Staff Services/Support Services Section:

Monthly time reports and requests and authorizations for leave of absence, 1979-1988 (approved August 31, and September 1, 1988; October 17, 1990; October 4, 1991; February 3, 1992);
Authorized staffing patterns, terminations, overtime, retirement report, insurance report, 1983-1985 (approved October 15, 1990);
Terminated employee personnel files, 1944-1986 (approved October 4, 1991);
Expenditure record files, 1985-1986 (approved October 4, 1991)
Personnel change notices, 1986 (approved October 4, 1991);
Purchase order and purchase voucher files, 1987-1988 (approved January 29, 1992).

Requests for destruction initiated by State Archives (i.e., de-accessioned):

Governor's clemency proclamations, vols. 26-40, 1936-1943 (1960/23); vols. 311-342, n.d. (unassigned); vols. 343-362, 1936-1944 (1960/25); vols. 363-389, 1944-1950 (1962/001); 1950-1954, vols. 390-404 (1965/034); 1960-1965, vols. 426-465 (1968/053) (all approved November 30, 1967)
Correspondence concerning corporations' franchise tax, requesting publications, and general, 1900-1932, 300 cubic ft. (approved March 6, 1969)
Franchise tax receipts, 1904, 1908, 1912, 1927, 1930, 4.5 cubic ft. (approved December 15, 1972);
Socialist Workers Party, La Raza Unida Party, and American Party petitions, 1972, 1974, 10 cubic ft. (approved September 4, 1980); and 2 cubic ft. (approved September 20, 1989);
Nominating petitions to elect presidential candidate delegates at primary election, 1976, 8 cubic ft. (approved September 4, 1980);
Senate Guest Registers, 1936-1975, 3 cubic ft. (approved August 26, 1982);
Texas Centennial Commission, daily record of inquiries, 1936, 2 cubic ft. (approved September 18, 1982);
Convention of 1868-1869, stenographic record of proceedings [duplicated] (approved June 30, 1983);
Statutory Documents Division, Money correspondence, 1971-1972, fractional (approved July 7, 1983);
Requests for publications and receipts, 1889-1928, fractional (approved December 3, 1986);
Indexes to Executive clemency records, pardon proclamations, 1909-1919, fractional [duplicated by union index] (approved July 6, 1988);
Publishers affidavits and certifications re proposed constitutional amendments, 1951-1973, 13 cubic ft. (approved November 27, 1989);
Checklist to bills and resolutions, 1949, 0.24 cubic ft. (approved November 27, 1989);
Petitions from candidates to be placed on ballot, 1949, 0.67 cubic ft. (approved November 27, 1989).

Project Outcome:

This partial in-house agency appraisal is now completed. The appraisal decisions are summarized as follows:

The following eleven series are found to be not archival, and will be de-accessioned:

Joint Advisory Committee on Government Operations (Hobby Commission) files, 1975-1977, 1 cubic ft.;
Budget records, 1976-1985, 1 cubic ft.
(after removing the Legislative Appropriation Request for FY 1982/1983 to fill a gap in the Texas Documents Collection);
Statements of canvass, 1976, 6 cubic ft. (although some items should be removed as archival);
Certificates of election and qualification of county and precinct officers, 1906, 1912-1913, 1926-1927, 1936-1938, 1970-1980, 6.83 cubic ft.;
Primary finance files, 1968-1972, 1978-1980, 8.47 cubic ft. plus 10 reels of microfilm
(although some items should be removed as archival);
Franchise tax statements returned, 1894-1899, 3.88 cubic ft.;
Franchise tax receipts, 1908, 1912-1913, 1930, 6.11 cubic ft.;
Public weighers files, 1879-1882, 1.41 cubic ft.;
Rosters of professional engineers, 1963, 1965-1972, 1 cubic ft.
(the series is archival, but our copies are duplicates);
Governor for a Day reports, 1985-1994, 0.24 cubic ft.; and
Speaker's Day reports, 1985-1993, 0.24 cubic ft.

Two series are probably archival, but may need later reappraisal:

Governor's official commissions, 1872-1874, 1941-1961, 1985-1991, 8.27 cubic ft.; and
Annual reports of labor organizations, 1975-1978, 8 cubic ft.

The appraisal committee was split and/or undecided concerning two series that are now on the records retention schedule of the Texas Ethics Commission; therefore decisions will be deferred until that agency's records can be appraised:

Financial disclosure statements/affidavits, 1957-1975, 36 cubic ft.; and
Lobbyist activity reports, 1987-1989, 16 cubic ft.

The remaining 57 series are archival, although some may ultimately need item-level weeding.

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Record Series Reviews

Record Series Review
Series Title: Correspondence

Agency: Secretary of State

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time

Archival holdings:
Correspondence, 1846-1937 (bulk 1860-1930), 114.44 cubic ft.:

Secretary of State correspondence, 1846-1930 (bulk 1860-1930), 100.24 cubic ft.
Loose correspondence, 1890-1899, 1912-1915, 1925-1937, 14.20 cubic ft.

Description:
These records consist of correspondence, both incoming and outgoing, of the office of the Secretary of State, dating 1846-1937 (bulk 1860-1930). Most of the 19th-century correspondence is incoming, and most of the 20th-century correspondence is both incoming and outgoing, usually filed together. Incoming letters are addressed to the Secretary of State or to clerks of the State Department, with an occasional letter addressed to some other official (usually the Governor) and forwarded to the Secretary of State. These incoming letters are written by a variety of individuals, including state and county officials (from Governors and U.S. Senators down to county clerks and notaries public), officials of other states (especially regarding extraditions and publications), and private citizens. The topics covered by this correspondence include the wide variety of duties belonging to the Secretary of State, including the following: appointments and resignations of notaries public, oaths (particularly during Reconstruction years, 1867-1870), the filing of bonds, state printing contracts, distribution of state laws (both copies of individual bills and sets of bound volumes), distribution of Texas Reports (opinions of the Texas Supreme Court), elections (e.g., certificates of election, reporting of election irregularities, requests for election supplies, etc.), claims for rewards, requisitions for extraditions and the capture of fugitives, the filing of corporate charters (including railroad charters), commissions and certificates of qualification for appointed and elected officials, franchise taxes, statements on the condition of banks, lists of cases on civil and criminal dockets, etc. The content of this correspondence is especially rich in detail during the early years; later years (during the 20th century) seem more routine, often including cover letters but no attachments.

The letterpress books (described in the records series review for Letterpress books) complement the correspondence of the same period (1860-1905), since they contain copies of outgoing letters.

Practically every other series of Secretary of State records described in this appraisal report is a related series.

Purpose:
Secretary of State correspondence is created in the course of day-to-day business, and was used to accomplish the multitude of activities in which the Secretary of State was involved.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with the approval of the Senate for a term concurrent with the Governor's (a two-year term at the time of these records).

(Texas Constitution, Article IV, Sections 1 and 21 and various statutes)

Arrangement: Roughly chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
No indexes exist; of limited help are two Registers of letters received, 1870-1872 and 1876, described in the record series review for Registers of letters received. There is a finding aid in the State Archives search room that consists of a box listing giving years contained in each box, but this does not include all boxes of correspondence.

Gaps? 1938-1972
Correspondence files of later Secretaries of State (beginning in 1973) are described and appraised in record series reviews for Correspondence and subject files (Mark White), Correspondence files (George Strake), Correspondence files (Fainter and McDaniel), and Subject files (Jack M. Rains).

Problems:
The main problem is lack of arrangement, except for a very rough chronological order. Ordering by month would be useful.

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and one was found for this series or for equivalent or related series:

Administrative Division: Correspondence, 1922-1965, unknown volume (approved June 9, 1967).

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Title: Correspondence, General
Series item number: 1.1.008
Agency item number: 20.10
Archival code: None
Retention: 1

Appraisal Decision:
Secretary of State correspondence offers especially detailed documentation of the wide variety of activities in which that office was involved, particularly in the 19th century. As an informational source, this correspondence is currently too poorly arranged and described to be very useful. But it does provide evidence of the daily operations of this important office, some functions of which are not documented anywhere else.

More detailed appraisal may be required for 20th century correspondence, which tends to be more routine. However, that task would be fairly labor-intensive. Besides, the fact that much of the correspondence is routine is itself a reflection of the nature of the business of the office at that time, and perhaps that fact should be documented. For the most part, these files are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them. Item-level weeding may be desirable if the series is ever fully processed.

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Record Series Review
Series Title: Letterpress books

Agency: Secretary of State

Obsolete record series? No. The letterpress book format is obsolete, but outgoing correspondence obviously continues.

Ongoing record series? Yes
Annual accumulation: unknown at this time; outgoing correspondence is probably not filed separately, but is combined with incoming correspondence.

Archival holdings:
Secretary of State letterpress books, 1860-1905, 24 cubic ft.

Description:
These records consist of 193 letterpress books containing copies of outgoing correspondence sent by the Secretary of State or the Chief Clerk of the Department of State, dating 1860-1905. Correspondents include private citizens and private corporations, state and county officials, officials of other states, etc. Topics of this correspondence include the wide variety of duties of the Secretary of State, including the following: franchise tax receipts, corporate charters, election returns, certificates of qualification, commissions of elected officials, oaths, bonds, requisitions for extradition of fugitives from justice, pardons, Governor's proclamations, state printing jobs, requests for and transmittals of copies of state publications (e.g., laws, House Journals, etc.), requests for the attorney general to review charters for violations of the constitution or statutes, etc. The earlier volumes (especially during the 1870s and 1880s) seem to be more substantive in content.

The letterpress books complement the correspondence of the same period (described in the record series review for Correspondence); that correspondence consists mainly of incoming letters.

Practically every other series of Secretary of State records described in this appraisal report is a related series.

Purpose:
Letterpress books were created to preserve copies of outgoing letters sent by the Secretary of State or his Chief Clerk, to accomplish Secretary of State business conducted by mail.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with the approval of the Senate for a term concurrent with the Governor's (a two-year term at the time of these records).

(Texas Constitution, Article IV, Sections 1 and 21, and various statutes)

Arrangement: Chronological within each volume; however, volumes are not in chronological order on the shelves.

Access Constraints: None

Use Constraints: Letterpress books are extremely fragile; they cannot be photocopied, and must be used with extreme care because of tissue-thin paper.

Indexes or finding aids required for, or an aid to access?
Each volume contains an alphabetical index. There is a shelf list for the volumes, but it is in random order, not in chronological order.

Gaps? None. Letterpress books were not produced before ca. 1860, and were discontinued early in the 20th century with the development of carbon copies.

Problems:
The main problems are fragility, lack of order, and absence of a chronologically arranged list.

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Title: Correspondence, General
Series item number: 1.1.008
Agency item number: 20.10
Archival code: None
Retention: 1

Appraisal Decision:
Secretary of State letterpress books complement the Correspondence series by providing replies to incoming correspondence. They are rendered even more useful (and their informational value is enhanced) by the fact that each volume is indexed by the name of the correspondent. Together, these correspondence series offer documentation of the wide variety of activities in which that office was involved, particularly detailed in the 19th century. Some of the letters are fairly routine, but that fact itself is a reflection of the nature of the business of the office at that time, and perhaps should be documented. Letterpress books, combined with other correspondence, provide evidence of the daily operations of this important office, some functions of which are not documented anywhere else. The series as a whole is definitely archival, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Registers of letters received

Agency: Secretary of State

Obsolete record series? Probably not

Ongoing record series? Yes, some kind of correspondence log is probably still maintained.
Annual accumulation: probably fractional

Archival holdings:
Registers of letters received, 1870-1872, 1876, 0.80 cubic ft.

Description:
These records consist of two registers of letters received by the Secretary of State, dating 1870-1872 and 1876.

The most complete letter register (in terms of information provided) covers only a two and a half year period, January 1870-May 1872 (numbering nearly 2,000 items of correspondence). The columns in this chronological register give the following: number, from whom, post office (town or city), state, date, synopsis on contents, date answered, where recorded (book and page), and remarks.

A later, alphabetically arranged register of letters received covers only part of 1876, contains only the date received and the name of the writer, and is mostly blank.

Related records include the correspondence of the Secretary of State, 1846-1937, described in the record series review for Correspondence.

Purpose:
Registers of letters received were created to keep track of correspondence received by the Secretary of State; they document the multitude of activities in which the Secretary of State was involved.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with the approval of the Senate for a term concurrent with the Governor's (a two-year term at the time of these records).

(Texas Constitution, Article IV, Sections 1 and 21, and various statutes)

Secretaries of State during the time period covered by these registers include J. P. Newcomb (January 1, 1870-January 17, 1874) and A. W. DeBerry (January 27, 1874-December 1, 1876).

Arrangement: One register is chronological, with a partial attempt to index alphabetically (A thru B only); the other register is alphabetical, and chronological within each letter of the alphabet.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
No index exists for the first register; the second register is more of an index itself.

Gaps? 1845-1869; June 1872-1875; and 1877-onward; also missing letters C thru Z of the alphabetical index for 1870-1872. Other registers of letters received may indeed exist but may be misidentified.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This series (registers of letters or correspondence logs) is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
Registers of letters received by the Secretary of State have both evidential and informational value, despite their limited chronological range. They cover only four years in the 1870s, but those years are very important ones, coming immediately after the readmission of Texas into the Union. The present chaotic state of Secretary of State correspondence merely adds to the value of these registers. If the items to which these registers refer are still available in the Correspondence series, then these registers could provide access by name and date. If not, then the registers substitute for those items. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Correspondence and subject files (Mark White)

Agency: Secretary of State, Executive Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time

Archival holdings:
Alphabetical correspondence and subject files, 1973-1977, 11.2 cubic ft.

Description:
These records include correspondence, memos, handwritten notes, copies of legislative bills, invitations, speeches, proclamations by the governor, photographs, newsletters, press releases, reports, magazine articles, copies of legal briefs, and newspaper clippings. These records reflect activities of Mark White as the Secretary of State, dating 1973-1977. Those activities include the following: answering questions about and interpreting the Texas Election Code, investigating complaints of campaign violations, proposing changes in the Texas Constitution and in the voter registration system, analyzing proposed bills affecting election laws, overseeing the Texas Administrative Procedures Act, implementing the Ethics and Financial Disclosure Act and the Campaign Reporting and Disclosure Act of 1973, announcing appointments by Governor Briscoe to state boards and commissions, granting honorary citizenships, and accepting or declining invitations to make personal appearances and to give speeches at meetings and social functions. Other subjects include the reelection of Governor Briscoe in 1974, a 1975 dispute with the advocacy group Common Cause over financial disclosure laws, and a U.S. Department of Justice investigation of charges of voter discrimination in the 1976 Texas presidential primary. Records also include budget preparation for the Secretary of State's Office in 1975-1977. Correspondents include state senators and representatives, U.S. congressmen and their staffs, federal and state officials, Democratic Party leaders, members of the Texas Bar, law firms, job seekers, and those extending invitations for personal appearances. One folder filed separately contains correspondence from individuals asking for recommendations from the Secretary of State for appointment to state boards and commissions or for other opportunities such as White House fellowships.

Related records are Election of 1976 subject files; Speeches, 1973-1977; and Joint Advisory Committee on Government Operations (Hobby Commission) files, 1975-1977 (all Mark White), described in other record series reviews.

Purpose:
Alphabetical correspondence and subject files were created to conduct the activities of Secretary of State Mark White, and to assist his office in performing his duties.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with the approval of the Senate for a term of four years, served concurrently with the Governor.

(Texas Constitution, Article IV, Sections 1 and 21 and various statutes)

Mark W. White, Jr. was Secretary of State from January 19, 1973 to October 27, 1977.

Arrangement:
The correspondence and subject files are interfiled in one alphabetical sequence.

The index cards to general correspondence are arranged alphabetically, first by the Texas county in which the correspondent resided and then by the name of the correspondent within each county.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
This series includes an index to general correspondence from 1973-1975 compiled on index cards. The index cards include the name, address, and telephone number of the correspondent and, frequently, the date and subject of the correspondence. The index cards are alphabetically arranged first by the Texas county in which the correspondent resided and then by the name of the correspondent within each county. The last box of index cards includes out-of-state and foreign correspondents, also arranged alphabetically by correspondent within each state or country.

In addition, there is a finding aid in the State Archives search room that includes a folder inventory.

Gaps? Index cards are missing for names beginning with "S" through "Z" in Harris County and for Harrison through Lubbock counties.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Title: Correspondence, General
Series item number: 1.1.008
Agency item number: 20.10
Archival code: None
Retention: 1

Appraisal Decision:
The correspondence and subject files of Secretary of State Mark White provide substantial documentation of the wide variety of issues with which his office was concerned during the mid-1970s. The correspondence appears to be administrative mixed with general. These records provide the only documentation of some of the functions of the office during Mark White's tenure. Mark White went on to become Governor of Texas, and we have his gubernatorial records; biographically, therefore, these Secretary of State files complement others in our holdings. They are for the most part archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them. Weeding of general correspondence from administrative correspondence may be desirable at some future date.

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Record Series Review
Series Title: Election of 1976 subject files (Mark White)

Agency: Secretary of State, Executive Division

Obsolete record series? Yes, for this particular election.

Ongoing record series? No, although files on more recent elections are kept in the Elections Division.

Archival holdings:
1976 Election subject files, 1976-1977, 1 cubic ft.

Description:
These records include correspondence, memos, copies of legal briefs and opinions, copies of legislative bills, blank election ballots, and a statistical analysis of the 1976 presidential primary elections prepared by the Texas House Committee on Elections. The majority of the records date from 1976. Records concern the Secretary of State's supervision of the 1976 elections including the state and presidential primaries in May and the general election in November. Records involve a voter registration drive sponsored by the Secretary of State's Office, new laws for presidential primaries and the selection of delegates for nominating conventions by political parties, and the publication of the Texas Register by the Secretary of State during the election campaigns. Two situations arose in the primary election involving the use of election inspectors that are reflected in these records. First, problems in registering Prairie View A&M students to vote in Waller County led to charges of discrimination. The Secretary of State's Office monitored the situation and sent election inspectors to Waller County for the primary election. Second, the U.S. Justice Department sent federal election inspectors to Texas for the primary election. The federal officials claimed that due to past voter discrimination in Texas they were coming to monitor the first mandatory use of a bilingual ballot. Bilingual ballots were required by recent amendments to the Voting Rights Act of 1965. The Secretary of State asked that the charges of discrimination be proven or dropped. The federal inspectors found no election irregularities.

Other election-related materials are described in this report, under the records of the Elections Division. Of particular interest are Election inspectors reports, 1975-1985. Also related are Mark White's correspondence and subject files, 1973-1977, described in the record series review for Correspondence and subject files (Mark White).

Purpose:
1976 Election subject files were created to monitor the elections conducted in 1976, which involved several controversies.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. As chief election officer, the Secretary of State is responsible for the interpretation and application of the state Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The Secretary of State is appointed by the Governor with the approval of the Senate for a term of four years, served concurrently with the Governor.

(V.T.C.A., Election Code)

Mark W. White, Jr. was Secretary of State from January 19, 1973 to October 27, 1977.

Arrangement: Rough chronological order

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Correspondence, Administrative [Elections Division]
Series item number: 1.1.007
Agency item number: 30.10
Archival code: R
Retention: CE + 5

Appraisal Decision:
Election of 1976 subject files document in considerable detail the activities of the office of Secretary of State Mark White in one particular election. They are valuable in showing that office's involvement in elections in general, as well as in that election in particular. Elections Division correspondence covers up to 1975, but skips 1976, so there will be no duplication there. These election files of Mark White's tenure complement other Mark White records. For all of these reasons these are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Speeches (Mark White)

Agency: Secretary of State, Executive Division

Obsolete record series? Probably not, although it is not on the agency's records retention schedule

Ongoing record series? Probably yes
Annual accumulation: unknown at this time

Archival holdings:
Speeches, 1973-1977, 2 cubic ft.

Description:
These records consist of copies of speeches given by Mark White, Secretary of State, from 1973-1977. Speeches were given in the course of the duties of the office, including convening the Legislature at the beginning of each session. The Secretary of State represents the Governor and the State at many other functions. Speeches were given at high school and college graduations, charity dinners, professional and trade conventions, and social and fraternal meetings. Audiences included the Legislature, high school and college graduation classes, business groups, professional associations, trade unions, social and fraternal clubs, county judges and commissioners, and other government officials. Topics of the speeches include the following: the impact of amendments to the Voting Rights Act of 1965, the Campaign Funds Reporting and Disclosure Act of 1973, the state of the Texas economy and the economic outlook, the importance of voter registration, the Alamo and Texas patriotism, rules for success in professionalism, democracy and government, the role of lawyers in a democracy, and a wide range of other subjects.

Related records include Correspondence and subject files (Mark White), 1973-1977, described in another record series review in this report.

Purpose:
Speeches given by the Secretary of State educate and inform the general public, as well as the state legislature, concerning a variety of matters, especially election law, ethics, and the importance of an educated citizenry to a democracy.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with the approval of the Senate for a term of four years, served concurrently with the Governor.

(Texas Constitution, Article IV, Sections 1 and 21 and various statutes)

Mark W. White, Jr. was Secretary of State from January 19, 1973 to October 27, 1977.

Arrangement: Chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that matches years to boxes.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Suggested series from state Records Retention Schedule:
Title: Speeches and Papers
Series item number: 1.1.040
Agency item number: --
Archival code: R
Retention: 2

Appraisal Decision:
Speeches given by Secretary of State Mark White document the attitudes and principles of a state leader who later became Governor of Texas. Speeches of secretaries of state are apparently not found in any other series in our holdings. These speeches show considerable variety, and although some may not have archival value, the series itself is archival. The Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Joint Advisory Committee on Government Operations (Hobby Commission) files (Mark White)

Agency: Secretary of State, Executive Division

Obsolete record series? Yes, because this commission no longer exists.

Ongoing record series? No

Archival holdings:
Joint Advisory Committee on Government Operations (Hobby Commission) files, 1975-1977, 1 cubic ft.

Description:
These records include subcommittee and committee reports, committee correspondence and memos, agenda and minutes of committee meetings, private consultant reports, and background research materials. These materials are the copies of records of the Joint Advisory Committee on Government Operations (commonly called the Hobby Commission or the Hobby/Clayton Commission) retained by Mark White, Secretary of State, and cover 1975-1977 (the full life of the commission). There are few records, however, that detail the Secretary of State's participation in Advisory Committee activities. All of the records -- the memos, correspondence, and reports -- were incoming to Mark White as a member of the Advisory Committee. All seven subcommittees have reports or minutes in these records: the Subcommittees on Administrative Support and Fiscal Management, Corrections, Economic Development, Education, Health and Welfare, Natural Resources, and Policy and Structure.

More Hobby Commission materials can be found in Legislative records, Special Committees, Joint Advisory Committee on Government Operations (RG 100.65), 1975-1977, 18.8 cubic ft. (in the holdings of the Archives and Information Services Division of the Texas State Library and Archives Commission).

Purpose:
Records of the Joint Advisory Committee on Government Operations (the so-called Hobby Commission) were created to analyze and improve the operations of state government. Mark White, as Secretary of State, was one of the members of this commission, and retained these copies of the records.

Agency Program:
The Joint Advisory Committee on Government Operations (the Hobby Commission) was established in 1975 (Senate Bill 319, 64th Legislature, Regular Session), to analyze and improve the operations of state government. The Commission, chaired by Lieutenant Governor William Hobby, consisted of eighteen legislators and private citizens, including the Secretary of State, Mark White. The Commission divided itself into seven subcommittees to gather data before it issued its final reports with recommendations to the governor and the legislature in 1977.

(Vernon's Ann. Civ. St., Article 4413(32e))

Mark W. White, Jr. was Secretary of State from January 19, 1973 to October 27, 1977.

Arrangement: Reverse chronological order

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Appraisal Decision:
The work of the Hobby Commission was an important part of Texas governmental activity in the 1970s, but it is very thoroughly documented by the original records of the commission, totaling nearly 19 cubic ft. in our holdings. These legislative records have a finding aid with a folder inventory. A quick check of the one box of Secretary of State Mark White's files on this commission shows them to be duplicative, convenience copies, mainly of the subcommittee reports. They are therefore not archival, and will be de-accessioned by the Archives and Information Services Division of the Texas State Library and Archives Commission.

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Record Series Review
Series Title: Correspondence files (George Strake)

Agency: Secretary of State, Executive Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time

Archival holdings:
George Strake's files, 1979-1980, 2 cubic ft.

Description:
These records consist of correspondence files of Secretary of State George Strake, dating 1979-1980. Most are routine requests for assistance, endorsements, memberships, speaking engagements, conferences, etc. There is some correspondence concerning a voter registration challenge and the placing of the name of Gus Hall on the Texas presidential ballot. Some correspondence also reveals personal and political opinions of George Strake. The Governor directed some of the correspondence to the Secretary of State for a draft or a reply.

Purpose:
George Strake's files were created to assist his office in performing his duties as Secretary of State.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with approval of the Senate for a term of four years, served concurrently with the Governor.

(Texas Constitution, Article IV, Sections 1 and 21, and various statutes)

George W. Strake, Jr. was Secretary of State from January 16, 1979 to October 6, 1981, when he resigned to run for Lieutenant Governor.

Arrangement: In two chronological groups by year, and therein alphabetical

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? 1981

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Title: Correspondence, General
Series item number: 1.1.008
Agency item number: 20.10
Archival code: None
Retention: 1

Appraisal Decision:
Correspondence files of Secretary of State George Strake have had a previous appraisal recommendation. Chris LaPlante and Carolyn Majewski reviewed these records on October 9, 1986, with the recommendation to retain them. "Although most of the correspondence is very routine there is enough of value to warrant saving. Also, this is probably an accurate reflection of the correspondence handled personally by Secretary of State Strake." Mr. Strake was the first Republican Secretary of State in the 20th century, and was subsequently defeated in a bid for the office of Lieutenant Governor, after which he has not returned to public office. These records provide the only documentation of many of the functions of the office during George Stake's tenure. I agree with the earlier decision that at least some of these files are archival records, and that the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Subject files (Dean, Fainter, and McDaniel)

Agency: Secretary of State, Executive Office Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time

Archival holdings:
Subject files, 1968-1987 (bulk 1981-1987), 6.2 cubic ft.

Description:
These records consist of correspondence, memoranda, newsletters, newsclippings, proposals and reports, dating 1968-1987 (the bulk 1981-1987). The Secretaries of State in office at the time of the compilation of these subject files include David A. Dean (October 1981-January 1983), John Fainter (January 1983-July 1984), and Myra A. McDaniel (September 1984-January 1987). Much of the correspondence is internal between divisions of the Secretary of State's Office, some is interagency between various state agencies, and a smaller percentage is from, for example, citizens or outside consultants to the Secretary. Correspondence is directed to the Secretary of State for the most part and is answered by the Secretary of State, the assistant Secretary of State, or by various special assistants, administrative assistants, and administrative technicians. Subjects of correspondence and memos vary widely, from addressing the need for access to the Capitol by a filming crew from Los Angeles and the possible renovation of a Texas battleship to issues affecting disabled persons and possible misuse of campaign funds by candidates for public office. Related materials include the Correspondence files maintained by these same three Secretaries of State, described in this report.

Purpose:
Subject files were created to assist Secretaries of State David Dean, John Fainter, and Myra McDaniel in performing their duties.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with the approval of the Senate for a term of four years, served concurrently with the Governor. The office of the Secretary of State is organized into five divisions: Executive Administration, Elections, Statutory Filings, Data Services, and Support Services.

(Texas Constitution, Article IV, Sections 1 and 21, and various statutes)

David A. Dean served as Secretary of State from October 1981 to January 1983; John Fainter, from January 1983 to July 1984; and Myra A. McDaniel, from September 1984 to January 1987.

Arrangement: Alphabetically by subject.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Title: Correspondence, General
Series item number: 1.1.008
Agency item number: 20.10
Archival code: None
Retention: 1

Appraisal Decision:
Subject files of Secretaries of State David Dean, John Fainter, and Myra McDaniel appear to be somewhat mixed in coverage, dealing with both substantial and lightweight topics of the 1980s. Correspondence files for Fainter and McDaniel (described in a separate record series review) provide much better documentation, and are mainly complemented by the subject files; but David Dean has no such correspondence files, only these subject files. There is enough significant material here to say that these are at least partly archival records; the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them. Item-level weeding may be desirable at some future date.

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Record Series Review
Series Title: Correspondence files (Fainter and McDaniel)

Agency: Secretary of State, Executive Office Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time

Archival holdings:
Correspondence files, 1983-1986, 3.37 cubic ft.

Description:
These records consist of correspondence, memoranda, newsclippings, and reports, dated 1983-1986. The Secretaries of State in office at the time of the compilation of these correspondence files include John Fainter (January 1983-July 1984) and Myra A. McDaniel (September 1984-January 1987). Correspondence is directed or addressed, for the most part, to the Secretary of State and is answered by the Secretary of State, the assistant Secretary of State, or by various appropriate special assistants, administrative assistants, and administrative technicians. Correspondents range from foreign dignitaries, lawyers, candidates for public office, and public officials to school children, prison inmates and representatives of civic organizations. Correspondence includes complaints, requests for information, acknowledgement in writing of information conveyed through phone calls, or acknowledgement of the receipt of letters that were then forwarded to appropriate state agencies. Related records include the Subject files maintained by these same Secretaries of State, described in this report.

Purpose:
Correspondence files were created to conduct the official business of Secretaries of State John Fainter and Myra McDaniel, and to assist their office in performing their duties.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with the approval of the Senate for a term of four years, served concurrently with the Governor. The office of the Secretary of State is organized into five divisions: Executive Administration, Elections, Statutory Filings, Data Services, and Support Services.

(Texas Constitution, Article IV, Sections 1 and 21, and various statutes)

John Fainter served as Secretary of State from January 1983 to July 1984; and Myra A. McDaniel, from September 1984 to January 1987.

Arrangement: Alphabetically by correspondent's last name

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that matches the letter of the alphabet to the box.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Title: Correspondence, General
Series item number: 1.1.008
Agency item number: 20.10
Archival code: None
Retention: 1

Appraisal Decision:
Correspondence files of Secretaries of State John Fainter and Myra McDaniel appear to be substantive in quality, dealing with important issues of the 1980s as well as with routine matters of office administration. They are complemented by the records described in the record series review for Subject files (Dean, Fainter, and McDaniel), and together they document the day-to-day functioning of the office. The existence of significant administrative correspondence in these correspondence files makes them archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Committee files (Dean, Fainter, and McDaniel)

Agency: Secretary of State, Executive Office Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time

Archival holdings:
Committee files, 1982-1986, 2.9 cubic ft.

Description:
These records consist of reports, statements, minutes, newsclippings, articles, and publications, together with some related correspondence and memoranda generated by the work of various committees, commissions, councils, and boards that the Secretary of State is a member of or is otherwise associated with in some official capacity. Dates covered are 1982-1986. The Secretaries of State in office at the time of the compilation of these committee files include David A. Dean (October 1981-January 1983), John Fainter (January 1983-July 1984), and Myra A. McDaniel (September 1984-January 1987). The specific committees, commissions, etc., documented in these records include the following: the Criminal Justice Policy Council, the Joint Select Committee on Fiscal Policy, the State Ethics Advisory Commission, the System Review Board, and the Treasury Asset Management Advisory Committee.

Related records in the holdings of the Archives and Information Services Division of the Texas State Library and Archives Commission include the minutes of the Criminal Justice Policy Council, March 1984 thru December 1986.

Purpose:
Committee files were created to conduct the work of committees, commissions, councils, and boards that the Secretary of State was associated with, usually as a member.

Agency Program:
The Secretary of State is the only non-elective constitutional officer of the Executive Branch of state government. The Secretary is appointed by the Governor with the advice and consent of the Senate, and the Secretary's term of office is concurrent with that of the appointing Governor. The Secretary of State has served on many committees and commissions, including the following: the Criminal Justice Policy Council, the Joint Select Committee on Fiscal Policy, the State Ethics Advisory Commission, the System Review Board, and the Treasury Asset Management Advisory Committee.

(Texas Constitution, Article IV, Sections 1 and 21)

David A. Dean served as Secretary of State from October 1981 to January 1983; John Fainter, from January 1983 to July 1984; and Myra A. McDaniel, from September 1984 to January 1987.

Arrangement:
Original order of the records was maintained and appears to be in alphabetical order by committee name.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Appraisal Decision:
Committee files of Secretaries of State David Dean, John Fainter, and Myra McDaniel give details of the work of five committees/councils/boards which are not very well documented in our holdings (except that we have the minutes of the Criminal Justice Policy Council for part of this time period). Therefore these files are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them. Should the Archives and Information Services Division ever accession records for the Joint Select Committee on Fiscal Policy, the State Ethics Advisory Commission, the System Review Board, or the Treasury Asset Management Advisory Committee, then these Secretary of State committee files should be re-appraised.

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Record Series Review
Series Title: Subject files (Jack M. Rains)

Agency: Secretary of State, Executive Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time

Archival holdings:
Jack M. Rains' subject files, 1978-1989 (bulk 1987-1989), 3 cubic ft.

Description:
These records include correspondence, memos, printed material, clippings, publications, questionnaires, and other materials dating from 1978 to 1989 (bulk 1987-1989). These are the subject files of Jack M. Rains, Secretary of State from January 26, 1987 to June 15, 1989. Topics include campaign finance reform, state agencies, divisions within the Secretary of State's office, the superconducting super collider, elections, Capitol restoration, and education. A few files are from the term of John Fainter, Secretary of State from 1983 to 1984.

Purpose:
Subject files were created to conduct official business, and to assist Secretary of State Jack Rains in performing his duties.

Agency Program:
The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code and is designated by the constitution as the keeper of the Seal of the State of Texas. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to these constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with approval of the Senate for a term of four years, served concurrently with the Governor.

(Texas Constitution, Article IV, Sections 1 and 21, and various statutes)

Jack M. Rains was Secretary of State from January 26, 1987 to June 15, 1989.

Arrangement: Alphabetically by subject

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Administrative Files
Series item number: 1.1
Agency item number: 20.00
Archival code: R
Retention: PS + 3

Appraisal Decision:
Subject files of Secretary of State Jack Rains seem to be as substantial as equivalent files of other secretaries of state (if not more so). They document Mr. Rains' responses to significant issues and concerns of the late 1980s. In many cases, they provide the only documentation of some of the functions of the office under his tenure. Therefore they are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Inventories of state property

Agency: Secretary of State

Obsolete record series? No, but this is no longer a function of the Secretary of State.

Ongoing record series? Yes, but each agency and institution maintains its own inventories of state property.
Annual accumulation: unknown at this time

Archival holdings:
Inventories of State property, 1870, 1898-1917, 1.18 cubic ft.

Description:
This series consists of inventories of state property filed by state agencies, institutions, and courts with the Secretary of State, 1870 and 1898-1917. A typical inventory of furniture, equipment, tools, books, etc. includes the following information: article, cost, how long used, present condition, present value, and probable future service or extent of usefulness in years.

All three branches of state government are included: the Legislature (the Senate); the Judiciary (the Supreme Court Library, Court of Criminal Appeals, Reporter of Criminal Appeals, and several Courts of Civil Appeals); and the Executive. The Executive branch inventories include state agencies and institutions. Among the state agencies are the Governor's Mansion, General Land Office, Secretary of State, Comptroller's Department, State Revenue Agent, Treasurer, Adjutant General, Attorney General, Railroad Commission, Superintendent of Public Building and Grounds, Superintendent of Public Instruction, Board of Water Engineers, and Department of Agriculture, Insurance, Statistics and History. Penal institutions with inventories include Rusk Penitentiary and the House of Corrections and Reformatory at Gatesville. Inventoried eleemosynary institutions include the School for the Deaf and Dumb/Deaf and Dumb Asylum, School for the Blind/Blind Asylum, State Lunatic Asylum, North Texas Asylum/Hospital for the Insane (Terrell), Southwestern Insane Asylum (San Antonio), and the Confederate Home. Also included are several state universities: University of Texas General Library, University of Texas School of Engineering, Medical Branch at Galveston, Sam Houston Normal School.

Purpose:
Inventories of State property were created to provide a record of furniture, equipment, books, etc., held by various state agencies and institutions, primarily for establishing accountability and planning for future purchases, or in the words of the enabling legislation, "protecting the personal property of the State and providing against the loss of the same."

Agency Program:
In 1899 the legislature passed Senate Bill 278 (26th Legislature, Regular Session) requiring all state officials to create inventories of all personal property belonging to the State of Texas (including the departments, institutions, asylums, penitentiaries, and farms) and file those inventories with the Secretary of State. The inventories were to include the following information: name of article, cost, estimated present value, a statement of its present condition, how long it had been in use, the extent of probable use in the future, the selling price and the disposition of the proceeds if it had been sold.

Arrangement:
Chronological by year, then numerical by agency

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room, but it lists simply the box numbers.

Gaps? No inventories are found after 1917

Problems: Many are still tri-folded.

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. The following reports contain lists of state agencies and institutions which had filed inventories of state property: 1900 and 1902.

Suggested series from state Records Retention Schedule:
Title: Inventory - Annual Physical
Series item number: 5.2.014
Agency item number: --
Archival code: None
Retention: FE + 3

Appraisal Decision:
These particular inventories of State property have practical value, and have been used (especially by the State Preservation Board) for purposes of historic preservation. They also reflect budgetary concerns and priorities (i.e., the frugality) of state government in the late 19th and early 20th centuries. For all of these reasons they are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Budget records

Agency: Secretary of State, Administrative Services Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 0.1 cubic ft.

Archival holdings:
Budget records, 1976-1985, 1 cubic ft.

Texas Documents Collection holdings:
The Texas Documents Collection of the Archives and Information Services Division of the Texas State Library and Archives Commission holds the following legislative appropriation requests (LARs) for the Secretary of State: the requests for FY 1970/1971 thru FY 1980/1981, and FY 1984/1985 thru FY 2000/2001.

Description:
These records include budget requests, manuals, correspondence, memos, reports, and accounting worksheets, dating from 1976-1985. The series consists of the following: the biennial budget requests prepared by the Secretary of State for FY 1978-1979 through FY 1986-1987, plus supporting or related records such as memos, accounting worksheets for Secretary of State divisions, instructional manuals from the Governor's Budget Office and the Legislative Budget Board for preparing appropriation requests, and performance and funds management reports prepared by the Secretary of State.

Purpose:
Budget records are created to request specific appropriations from the legislature and to provide justification for the amounts requested.

Agency Program:
Biennial budget requests are a mandatory requirement of the state budgetary process.

The Secretary of State, a constitutional officer of the state's executive department, was first created by the Constitution of the Republic of Texas in 1836. The Secretary of State is responsible for authenticating the publication of all laws passed by the legislature, approving the comptroller's accounts against the state before they are passed on to the treasurer for payment, and keeping a register of all official acts and proceedings of the governor and all appointments to state boards and commissions. As chief election officer, the Secretary of State is responsible for the interpretation and application of the State Election Code. The office is also the principal repository of many business-related filings in the state including corporation and Uniform Commercial Code filings. In addition to the constitutional and statutory duties, the Secretary of State also represents the Governor at various functions when the Governor is unable to attend. The Secretary of State is appointed by the Governor with approval of the Senate for a term of four years, served concurrently with the Governor. To receive funding for its varied duties, the Secretary of State prepares a budget request for legislative appropriations every two years. The office of the Secretary of State is organized into five divisions: Executive Administration, Elections, Statutory Filings, Data Services, and Support Services.

The Office of the Secretary of State submits this biennial budget request to the Governor's Budget and Planning Office and the Legislative Budget Board. The Secretary of State's Administrative Services Division includes the executive administrative activity that encompasses the planning and overall management of the agency's constitutional and statutory duties. This includes examination and decision making on organizational structure and staffing, furnishing guidance and policy to each division, and final review and action on financial and personnel administration, such as budget preparation. In 1980, a Financial Management section was added to assist the administration and be responsible for revenue processing, accounting, payroll, and budgeting.

(Texas Constitution, Article IV, Sections 1 and 21, and various statutes)

Arrangement:
Each group of records is in chronological order

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory.

Gaps?
The Texas Documents Collection, Archives and Information Services Division, Texas State Library and Archives Commission is missing the following legislative appropriation request (LAR) for the Secretary of State: the request for FY 1982/1983.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Legislative appropriation requests.
Legislative Budget Board, Legislative Budget Estimates have been published since fiscal years 1954 and 1955. This publication, a compilation of data for all state agencies, summarizes the fiscal information found in agency-submitted budgets or appropriation requests, but omits most of the narrative.

Series data from agency schedule:
Title: Legislative Appropriations Request
Series item number: 1.1.004
Agency item number: LAR
Archival code: A
Retention: AC + 6

Appraisal Decision:
These budget records document, in probably more detail than is necessary for future purposes past the retention period of six years, the process of requesting legislative appropriations for the Secretary of State's office. The Texas Documents Collection, Archives and Information Services Division, Texas State Library and Archives Commission, has a nearly complete set of legislative appropriation requests (LARs) for the Secretary of State, missing only the request for FY 1982/1983. We have determined that the LAR is sufficient documentation of this process. Therefore the full budget records (i.e., supporting documentation files) are not archival. The Archives and Information Services Division of the Texas State Library and Archives Commission will remove the FY 1982/1983 LAR from these records and transfer it to the Texas Documents Collection to fill the gap, and will de-accession the rest of the files.

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Record Series Review
Series Title: Election returns (precinct-by-precinct)

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 26 cubic ft. every two years.

Archival holdings:
Election returns (precinct by precinct), 1972-1986, 79.25 cubic ft.:

1972, 9 cubic ft.
1974, 6 cubic ft.
1976-1980, 28 cubic ft. [backlog]
1982, 11.25 cubic ft.
1982 (Tarrant County), 1 cubic ft. [backlog]
1984-1986, 24 cubic ft. [backlog]

Those returns listed above as part of the processing backlog are currently in off-site storage at the State Records Center.

Description:
These records consist of the precinct-by-precinct returns of primary and general elections, dating 1976-1986, submitted to the Secretary of State in compliance with the Texas Election Code. Information reported in these returns is the number of votes (and sometimes the percentages) per candidate per precinct. The races reported include federal, state, district, and county, plus constitutional amendment elections). Also included are precinct maps for many counties.

Related Secretary of State records include Statements of canvass, 1976, described in another record series review in this report; and County election returns, 1835-1980, described and appraised as archival in a separate appraisal report, of Secretary of State Republic records.

Purpose:
Election returns (precinct by precinct) are created as the official record of election results, in order to determine the winner in each race, and to resolve any disputes over the outcomes of elections.

Agency Program:
The primary responsibilities of the Secretary of State include interpreting and applying the Election Code and other election laws. The Secretary of State, as Chief Election Officer of the State, has specific functions under the Election Code, which include receiving, examining, and filing the official certified returns of all general elections, special elections for members of the legislature, and constitutional amendment elections.

Since 1835, returns of general and special elections for district, national (for the Republic), statewide, and federal offices have usually been certified to the Secretary of State by county judges. The county judge filed a certificate of election and qualification with the Secretary of State for county and precinct offices, which include the following: county judge, county clerk, district clerk, county attorney, county treasurer, county surveyor, sheriff, county tax collector, county tax assessor, county superintendent of public instruction, inspector of hides and animals, public weigher, justices of the peace, constables, and county commissioners. The 1st Legislature approved a law on May 11, 1846 requiring the Secretary of State to furnish forms to county election officials for election returns, and to receive certified election returns from these officials for members of the legislature. The 15th Legislature approved an Act regulating elections on August 23, 1876, which among other things, required that duplicate election returns be filed with the Secretary of State for the following races: members of the legislature (state senators and state representatives), governor, lieutenant governor, comptroller, treasurer, commissioner of the General Land Office, attorney general, Supreme Court justices, appellate court justices, district court judges, district attorneys, and representatives of the Congress of the United States. Additional state elective offices were added to this list as they were created: superintendent of public instruction (1884), railroad commissioners (1890), commissioner of agriculture (1907), and elected members of the State Board of Education (1949). When U.S. Senators began to be chosen by popular election after the ratification of the 17th amendment to the U.S. Constitution (1913), they also were (eventually) added to the returns. For most of these offices, the Secretary of State was required to open and count the returns in the presence of the governor and the attorney general.

At the close of an election day, the presiding judge delivers Envelope Number 1 (containing precinct returns) to the presiding officer of the local canvassing authority. Precinct returns are then canvassed by the commissioners' court of the county, or by the political subdivision's governing body in elections below the county level.

Texas law now requires county clerks (originally county judges, 1951-1971) to report precinct results to the Secretary of State (Section 125 of House Bill 6, 52nd Legislature, Regular Session, 1951; and Section 125a of Senate Bill 23, 62nd Legislature, Regular Session, 1971). The Secretary of State must preserve the reports (or the tabulations of reports) of precinct results for Statewide races, for both general and primary elections, for 10 years, and thereafter to transfer the reports or tabulations to the State Library. The same procedure and retention periods apply to maps of precinct boundary changes.

(V.T.C.A., Election Code, Sections 42.037, 66.002, 66.058, 67.017, and 172.124)

Arrangement:
First chronological by year, then alphabetical by county name and numerical by precinct number within each county. For 1976, primary election returns are filed first, followed by general election returns. For 1978, Harris County Democratic primary and general election returns are first, followed by Dallas County general and Travis County Democratic primary returns.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
None are really needed, other than the finding aid in the State Archives search room that matches year and county to box.

Gaps? 1846-1971
1987-[ongoing] are still at the Secretary of State's office.

Problems: Precinct maps should probably be unfolded and removed for preservation, with transfer sheets inserted.

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Election returns (precinct-by-precinct)
Series item number: --
Agency item number: 33.50
Archival code: A
Retention: CE + 4

Agency item number: 33.50-M [microfilm]
Archival code: None
Retention: PM

Title: County Precinct Maps
Series item number: --
Agency item number: 33.40
Archival code: A
Retention: CE + 10 + 20

Appraisal Decision:
Precinct-by-precinct election returns are valuable both as evidence of election results on the most basic level (the precinct), and for the study of voting patterns (e.g. by the ethnicity and the income-levels which are dominant in particular voting precincts). From personal experience I know that they have been subpoenaed in at least one redistricting suit in the early 1980s. Precinct election returns provide a level of detail which goes far beyond the county election returns. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them. Besides, the law requires that the Texas State Library and Archives Commission keep them.

This series (minus the county precinct maps) is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are marked as permanent, but not archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Statements of canvass

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 6 cubic ft.

Archival holdings:
Statements of canvass, 1976, 6 cubic ft.

These records are part of a processing backlog currently in off-site storage at the State Records Center.

Description:
This series consists of completed county-wide election canvass survey forms, as well as precinct election returns, for the general election and constitutional amendment election held November 2, 1976. The election canvass survey forms give the county totals of votes for each candidate for each race, for each county in Texas. The precinct election returns that usually accompany the canvass surveys give the number of votes in each precinct for each candidate for each race. The precinct election returns are often on an oversized chart including all precincts for the county, and also occasionally on individual forms precinct-by-precinct. Also included are some cover letters and other documents (such as voter turnout statistics).

Related Secretary of State records include Election returns (precinct by precinct), 1972-1986, described in another record series review in this report.

Purpose:
Statements of canvass, like election returns (precinct by precinct), are created as one of the official records of election results, in order to certify the winner in each race, and to resolve any disputes over the outcomes of elections.

Agency Program:
At the close of an election day, the presiding judge delivers Envelope Number 1 (containing precinct returns) to the presiding officer of the local canvassing authority. Precinct returns are then canvassed by the commissioners' court of the county, or by the political subdivision's governing body in elections below the county level.

(V.T.C.A., Election Code, Sections 66.002, 66.021, 66.051, 66.058, and 67.002)

Arrangement: Alphabetical by county

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? The State Archives holds no statements of canvass prior to, or after, 1976.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This series is not on the agency's retention schedule, nor is an equivalent series on the state Records Retention Schedule.

Appraisal Decision:
Statements of canvass are the link between precinct election returns and county election returns. In other words, precinct election returns are used to compile statements of canvass, and statements of canvass are then used to compile county election returns. Therefore (since we have both precinct and county election returns) statements of canvass are essentially duplicative, and not archival. These files also contain copies of precinct returns, which we have already determined to be archival as another series. Cover letters are definitively not archival. The only records in this series that may not be duplicative are what I have called "other documents" (such as voter turnout statistics). Therefore we should compare these files with those of the precinct returns for the same year (1976), to make sure there are not gaps in the precinct returns. We should then de-accession any materials from the statements of canvass files that are duplicative.

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Record Series Review
Series Title: Certificates of election and qualification of county and precinct officers

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 1 cubic ft. every two years

Archival holdings:
Certificates of election and qualification of county and precinct officers, 1906, 1912-1913, 1926-1927, 1936-1938, 1970, 1973-1980, 6.83 cubic ft.

Description:
These records include "Certificates of Appointment to Fill Vacancy in County or Precinct Office" and "Certificates of Election and Qualification of County and Precinct Officers" together with related correspondence from the Secretary of State's office. They date from 1906, 1912-1913, 1926-1927, 1936-1938, and 1970 to 1980. The above-mentioned "Certificates of Appointment..." are filed with the Secretary of State by county clerks certifying appointments made by the Commissioners Court to fill offices vacated typically by death, resignation, or removal from office. "Certificates of Election..." are filed with the Secretary of State by county clerks (or by county judges in the earlier years) in compliance with the Texas Election Code. Information filed in these certificates includes names of the newly elected officials, offices to which they were elected, date of qualification of officials, and mailing addresses. Correspondence from the Secretary of State is usually to county clerks informing them of commissions issued by the Secretary of State in response to receiving the certificates.

Related Secretary of State records are County election returns, and Election registers (a.k.a. appointment registers), both described and appraised as archival in the previous appraisal report, on Secretary of State Republic records.

Purpose:
Certificates of appointment to fill vacancies in county or precinct offices are created by county clerks and filed with the Secretary of State to certify appointments made by the Commissioners Court to fill offices vacated by death, resignation, or removal from office.

Certificates of election and qualification are created as the official record of election results in county elections, to certify the winner in each race and to notify the Secretary of State as to which officials need to be issued commissions.

Agency Program:
The Secretary of State is by law the Chief Election Officer of the State, and is specifically empowered to interpret the election laws and to ensure uniformity in the directives, opinions, and instructions for the thousands of elections held annually.

For county and precinct offices, the county judge filed (and now the county clerk files) a certificate of election and qualification with the Secretary of State. These offices included the following: county judge, county clerk, district clerk, county attorney, county treasurer, county surveyor, sheriff, county tax collector, county tax assessor, county superintendent of public instruction, inspector of hides and animals, public weigher, justices of the peace, constables, and county commissioners. The requirement for a certificate of election was created by an act approved April 9, 1883 (18th Legislature, Regular Session). A certificate of election is prepared for the candidate who has been elected, by the following officials: the presiding officer of the local canvassing authority for elections canvassed by that authority; the governor for those offices whose elections are canvassed by the State Board of Canvassers; and the secretary of state for presidential electors. Each certificate of election must contain the candidate's name, office, date of election, statement of election to an unexpired term (if applicable), and the signature and seal of the officer preparing the certificate. The certificates originally also contained the number of votes cast for that candidate. The county clerk (formerly, the county judge) is required to send a duplicate of the certificate of election to the Secretary of State.

(V.T.C.A., Election Code, Section 67.016)

Arrangement:
Earlier records (1906-1938) have no apparent (or consistent) arrangement. Later records are arranged in two chronological groups (1970 and 1973-1980), then alphabetically by county name within each group. Records are further arranged in reverse chronological order within each county.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that matches counties with boxes for 1970-1980.

Gaps? 1907-1911, 1914-1925, 1928-1935, 1939-1969, 1971-1972, 1981-present. Actually, some of these records are found in the county election returns. Records for each inclusive year are not present for each county.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series:
Requests for county clerk certifications, 1980-1983 (approved August 18, 1993).

Publications based on records: None

Series data from agency schedule:
This series is not on the agency's retention schedule, nor is an equivalent series on the state Records Retention Schedule.

Appraisal Decision:
Certificates of election and qualification of county and precinct officers (as well as Certificates of appointment to fill vacancies in county or precinct offices) are the records that provide some of the information copied into the Election registers (a.k.a. Appointment registers). We have already appraised that series of records (election registers) as archival. Furthermore, County election returns (another series previously appraised as archival) have been found to contain Certificates of election and qualification of county and precinct officers as well as county returns. Both of these facts make this series duplicative and therefore not archival. Therefore they will be de-accessioned.

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Record Series Review
Series Title: Lists of registered voters

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes; possibly an electronic record. However, it is not on the agency's records retention schedule, because the series "precinct by precinct voter registrations" apparently applies only to the statistical reports.
Annual accumulation: unknown at this time

Archival holdings:
Lists of registered voters, 1867-1869, 1917-1918, 1947-1948, 19.25 cubic ft.:

Voter registration lists, 1867-1869, 18.52 cubic ft. = 12 reels microfilm, 0.12 cubic ft.
Registered voters, Cameron and Webb Counties, 1917-1918, 0.33 cubic ft.
Registered voters, McLennan County, 1947-1948, 0.40 cubic ft.

Description:
These are lists of registered voters for all of Texas for the years 1867-1869, for Cameron and Webb Counties for the years 1917-1918, and for McLennan County for the years 1947-1948.

The purpose for the 1867-1869 voter registration was to prepare lists of qualified voters within each county who would at the discretion of the military district commander vote for or against calling a constitutional convention. Information given includes the voter's name, date of registration, place of residence, precinct, length of residence, native (state or nation of origin), naturalized (how, when, where), and general remarks. Black voters are indicated in the remarks column as "col." or " colored." Occasionally an individual is crossed out and noted to be ineligible to vote. These are unique lists. Routine voter registration is a county function, and such lists can be found at the county level.

The lists of voters for Cameron and Webb Counties, 1917-1918, and for McLennan County, 1947-1948, include the following information: number of poll tax receipt or number of exemption certificate, name, precinct residence, age, length of residence in the state and in the county, occupation, race, length of residence in the city and the ward, street address, and post office address (town or city).

Voter registration lists are sometimes found at the county level, although somewhat haphazardly. Except for the 1867 lists, it is unknown why the State Archives has these particular lists for these counties for these years.

Purpose:
Voter registration lists are created as an official record of persons who are eligible to vote in a Texas election. In addition, the 1867 voter registration lists served a unique role during Radical Reconstruction, to assure the registration of all black and all loyal white male Texans, and to assure the exclusion of all white male Texans deemed to be disloyal.

Agency Program:
The 1867 voter registration list was authorized by the federal Reconstruction Act of March 23, 1867, "An Act supplementary to an act entitled 'An act to provide for the more efficient government of the rebel states,'" passed by 40th U.S. Congress. The act states that "...the commanding general in each district ... shall cause a registration to be made of the male citizens of the United States, twenty-one years of age and upwards, resident in each county ..., which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid", i.e., "the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous condition, who have been resident in said State for one year previous ..., except such as may be disfranchised for participation in the rebellion, or for felony at common law."

Today each local registrar of voters must annually prepare a certified list of registered voters for each county election precinct (House Bill 6, 52nd Legislature, Regular Session, 1951). In addition, the Secretary of State is required to maintain a registration service master file containing voter registration information for each registered voter in the state (Senate Bill 300, 64th Legislature, Regular Session, 1975).

(V.T.C.A., Election Code, Sections 18.001 and 18.062)

Arrangement:
Arranged alphabetically by county, then chronologically in the order in which the voters were registered.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
For the 1867 voter registration lists, Donaly Brice and John Barron have created an overall name index (soon to be out on CD-ROM). This index includes name of voter, county, registration number, and race. Indexes to some counties for 1867 have also been produced and/or published by private individuals, but are widely scattered.

There is a finding aid for the 1867 voter registration lists in the State Archives search room that matches counties with volumes.

Gaps? 1870-[ongoing], with the following exceptions:
For 1917-1918 we have Cameron and Webb Counties, but all other counties are missing.
For 1947-1948 we have McLennan County, but all other counties are missing.

Problems:
The voter registration lists of 1867-1869 were microfilmed in the mid-1980s with a grant from the George Memorial Library of Richmond, Texas. However, it is uncertain as to whether the microfilm meets ANSI standards, and researchers have reported that the contrast is bad on many of the reels, with the writing too faded to be easily legible. The originals were de-acidified and encapsulated, so that their use is not truly a preservation issue. The volumes are bulky and heavy, however.

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Donaly Brice and John Barron (eds.), Index to 1867 voter registration lists (currently unpublished, soon to be out on CD-ROM).

Series data from agency schedule:
Title: Precinct by Precinct Voter Registrations (?)
Series item number: --
Agency item number: 34.10
Archival code: R
Retention: 20

Appraisal Decision:
The 1867 voter registration has been heavily used by genealogists and county historians, and also has considerable value as a source for the history of Reconstruction, the history of participatory democracy, African-American history, and the history of race relations in Texas. It includes the first (and one of the fullest) records of black voters. The microfilm is not of archival quality and is therefore no real substitute.

The Cameron, Webb, and McLennan County voter lists have apparently not been microfilmed at the county level. They have genealogical value despite their geographic and chronological limitations. (They have never appeared in any finding aid, however, so I doubt that they have ever been used.)

For all of these reasons, these records are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Voter registration figures (precinct by precinct)

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 0.5 cubic ft.

Archival holdings:
Voter registration figures (precinct by precinct), 1967-1980, 6 cubic ft.

Those records are part of a processing backlog currently in off-site storage at the State Records Center.

Description:
This series consists of annual reports of total voter registration for each election precinct in each county in Texas, dating 1967-1980. Between 1967 and 1973 these reports give the number of certificates issued in each election precinct, the number of certificates cancelled, and the number of registered voters (which is the difference between the first two). Between 1974 and 1980 only the last figure, the number of registered voters, is reported. Each report also totals the numbers for the entire county for that year. For some of the urban counties (e.g. Bexar County), some of the annual reports (e.g. 1968, 1972-1973, 1975-1976, 1978-1980) also give additional statistics, such as: citizenship (naturalized or native-born), sex, eligibility (immediately or later), age range (under and over 60 or 65, 18-20 years old), whether they have a Social Security Number, with or without a mailing address, etc.

Purpose:
Voter registration figures (precinct by precinct) are created to comply with Texas election law, as an official record of the numbers of eligible voters who are registered to vote in each voting precinct. Two obvious purposes of these figures are to aid the Secretary of State in detecting election fraud, and to permit calculation of percentages of voter turnout in each election.

Agency Program:
Beginning in 1971 (Senate Bill 51, 62nd Legislature, Regular Session), each voter registrar in Texas must file an annual voter registration statement with the Secretary of State, indicating the number of registered voters in each voting precinct of the county.

(V.T.C.A., Election Code, Sections 18.041 and 18.042)

Arrangement: Alphabetical by county, then in reverse chronological order in each county's folder

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that matches counties with boxes.

Gaps?
The State Archives is missing 1981-[ongoing].
County voter registrars were not required to file these records with the Secretary of State prior to 1971; we do have them back to 1967, however.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. There are sections on voter registration in the 1980 and 1984 reports.

Series data from agency schedule:
Title: Precinct by precinct voter registrations
Series item number: --
Agency item number: 34.10
Archival code: R
Retention: 10 + 10

Agency item number: 34.10-M [microfilm]
Archival code: None
Retention: PM

Appraisal Decision:
Precinct-by-precinct voter registration figures have value in ensuring accountability (resolving election disputes and guarding against election fraud); this value admittedly diminishes over time. Their research value is enduring, however, enabling political scientists and historians to determine voting patterns and trends. They are therefore archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

This series is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are marked as permanent, but not archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Primary finance files

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 2 cubic ft.

Archival holdings:
Primary finance files, 1968-1972, 1978-1980, 8.47 cubic ft. plus 10 reels of microfilm. These were transferred in three accessions, as follows:

Primary financing statements, 1968-1972, 7 cubic ft.
Primary finance miscellaneous information, 1978-1980, 1.47 cubic ft.
Primary finance files (Democratic and Republican), 1978-1980, 10 reels of microfilm; this microfilm is part of a processing backlog currently in off-site storage at the State Records Center. This microfilm consists of the master negatives stored in the microfilm vault at the State Records Center.

Description:
These records include county expense statements and estimates of expenses for primary elections; and various kinds of vouchers and applications for warrants for reimbursement of primary election expenses, dating 1968-1972 and 1978-1980. The county expense statements and estimates are itemized (e.g. costs for printing ballots and supplies, voting machines, rental of facilities, salaries of election judges and clerks, postage, telephone, etc.). Expense vouchers are also itemized. Total costs are also reported, per primary, per party. Other documents include the following: lists of amounts owed to executive committees of each county and each party for financing primaries; names and addresses of county chairs for each party; voting tabulations (giving for each precinct the number of qualified voters, numbers and percentages of voters who voted and who did not vote, and number of votes for each candidate); etc.

Purpose:
Primary finance files are created to determine amounts of reimbursement to counties for primary election expenses, and to assure public accountability in the financing of primary elections in Texas.

Agency Program:
The Secretary of State is by law the Chief Election Officer of the State, and is specifically empowered to interpret the election laws and to ensure uniformity in the directives, opinions, and instructions for the thousands of elections held annually.

The Elections Division of the Secretary of State's office, among its other responsibilities, regulates the statutorily required funding of all Texas primary elections (House Bill 436, 65th Legislature, Regular Session, effective August 29, 1977). The county chairs of the various political parties submit to the Secretary of State notarized statements of cost estimates for primary elections. The Secretary of State then issues warrants through the Comptroller's office for reimbursement of 75% of the certified net estimated costs incurred by the state chairman and the state executive committee in conducting the primary elections.

The State primary fund was created for the state executive committee of each political party holding primary elections (so far only the Democratic and Republican parties). This fund consists of filing fees, state funds, contributions to the state executive committee, and income earned by the fund. The Secretary of State may have the primary fund audited at any time.

(V.T.C.A., Election Code, Sections 173.032 and 173.036)

Arrangement:
Chronological, then alphabetical by county.
The microfilm is arranged by party, then chronological by year (1978, 1980), then alphabetical by county.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room, but it is not a folder inventory.

Gaps? 1973-1977. (The law requiring this filing was passed in 1977; however, one accession contains files dating back to 1968.)
The State Archives is also missing 1981-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Primary Finance Files
Series item number: --
Agency item number: 33.60
Archival code: R
Retention: CE + 7

Appraisal Decision:
Primary finance files document the expenditures of each party, county by county, in conducting primary elections, and their partial reimbursement by the state. Although these records form part of the body of evidence concerning the costs of government, I am not sure that they have enduring value, especially given the level of detail involved. Postage and printing costs, salaries of election workers, rental of facilities, and the like may vary from county to county; but that kind of data is available elsewhere. These are not archival records; the Archives and Information Services Division of the Texas State Library and Archives Commission will de-accession them. However, some kinds of documents in these records (e.g., voting tabulations) will be removed and retained, perhaps added to the series Elections materials.

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Record Series Review
Series Title: Republican and Democratic Party convention minutes

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time.

Archival holdings:
Republican and Democratic Party county convention minutes, 1978-1982, 12 reels of microfilm

Those records are part of a processing backlog currently in off-site storage at the State Records Center. This microfilm consists of the master negatives stored in the microfilm vault at the State Records Center.

Description:
These records consist of microfilm master negatives of Republican and Democratic Party county convention minutes, dating 1978-1982. (Since apparently no use copy exists, I did not view them.)

Related records include the "papers" of the Democratic Party of Texas, a large manuscript collection (mainly AC 1977/096 and 1979/049) in the Archives and Information Services Division of the Library and Archives Commission (currently stored at the State Records Center). These Democratic Party papers include (among many other things) the records of county conventions (including minutes), 1958-1976. From the date spans, it appears that the records transferred by the Secretary of State are a continuation of the same, 1978-1982. Since these are stored off-site, I have not yet viewed any of these records.

The Republican Party of Texas apparently still maintains all of its own records.

Purpose:
Republican and Democratic Party convention minutes are created to serve as a permanent record of the proceedings of the county conventions of the Republican and the Democratic parties.

Agency Program:
Originally, candidates in Texas elections were chosen to appear on ballots by party conventions alone. The Terrell Election Laws created the party primary election in 1903, and in 1905 made primary elections mandatory for all parties polling at least 100,000 votes (House Bill 8, 29th Legislature, 1st Called Session). At first only the Democratic Party held primary elections; the Republican Party held its first primary election in 1926. In 1907, the results of the primary were made binding on the party conventions, which transformed the conventions into canvassing bodies.

The law provides for a copy of the list of names and residence addresses of delegates and alternatives to precinct conventions to be delivered to the county clerks, who are to retain these lists until the end of the voting year. The original lists are declared NOT to be public information.

(V.T.C.A., Election Code, Section 174.027)

Arrangement:
Chronological by year (1978, 1980, 1982), then alphabetical by county.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps?
The State Archives is missing 1983-[ongoing].
The "Papers" of the Democratic Party of Texas (in the State Archives) is missing minutes prior to 1958.

Problems:
Apparently no hard copy exists of these minutes either at the State Archives or at the Elections Division; the parties may have retained hard copies. The holdings of the Archives and Information Services Division of the Library and Archives Commission consists solely of master negatives (not use copies of the microfilm).

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series:
Democratic and Republican county convention minutes [microfilm], 1978, 1980, 1982 (approved February 2, 1994). [This may have been a use copy, but that is unknown.]

Publications based on records: None

Series data from agency schedule:
This series is not on the agency's retention schedule, nor is an equivalent series on the state Records Retention Schedule.

Appraisal Decision:
Republican and Democratic Party county convention minutes presumably document an important aspect of Texas politics, and if they are like most minutes, are almost by definition archival, although party minutes are not per se a state government record. These records complement the Democratic Party records in our manuscript collections, taking up chronologically where the party records leave off. Because of their evidential and informational values they are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

The microfilm was done by the State and Local Government Records Management Division of the Texas State Library and Archives Commission, and is therefore of archival quality. However, the lack of a use copy is a real problem, and must be addressed in the next phase of appraisal.

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Record Series Review
Series Title: Election inspectors' reports

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time.

Archival holdings:
Election inspectors' reports, 1975-1985, 7 reels of microfilm

Those records are part of a processing backlog currently in off-site storage at the State Records Center. This microfilm consists of the master negatives stored in the microfilm vault at the State Records Center.

Description:
These records apparently consist of the microfilm master negatives of election inspectors' reports, dating 1975-1985. (Since no use copy apparently exists, I did not view them.)

Related records are 1976 Election subject files (Mark White), 1976-1977, described in another record series review.

Purpose:
Election inspectors' reports are created to document the activities and observations of persons who have been appointed as state election inspectors in Texas. These reports note the compliance or non-compliance with Texas election law of local election authorities, voters, candidates, and others; they also detail the actions of the inspectors themselves in regard to possible violations.

Agency Program:
In 1975, the legislature created the position of state election inspector (Senate Bill 1046, 64th Legislature, Regular Session). The Secretary of State appoints one or more inspectors if he/she receives a written request from 15 or more registered voters, at least by the fourth business day before the election. These election inspectors are responsible to the Secretary of State and are subject to his/her direction.

(V.T.C.A., Election Code, Sections 34.001 thru 34.005)

Arrangement:
Chronological by groups of years (?), and therein alphabetical by county

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps?
The State Archives is missing 1986-[ongoing].

Problems:
Apparently no hard copy exists of these reports (for these years) either at the State Archives or at the Elections Division. The holdings of the Archives and Information Services Division of the Library and Archives Commission consists solely of master negatives (not use copies of the microfilm).

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Election inspectors files
Series item number: --
Agency item number: 33.30
Archival code: A
Retention: CE + 10

Appraisal Decision:
Election inspectors' reports document one of the most important and interesting functions of the Elections Division, the monitoring of elections to assure compliance with the Election Code. While at the Office of the Secretary of State, I produced several such reports myself. Any study of election ethics in Texas must consider such reports if they are available. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

The microfilm was done by the State and Local Government Records Management Division of the Texas State Library and Archives Commission, and is therefore of archival quality. However, the lack of a use copy is a real problem, and must be addressed in the next phase of appraisal.

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Record Series Review
Series Title: Elections Division correspondence files

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 3 cubic ft.

Archival holdings:
Elections Division correspondence files, 1967-1975, 1980-1983, 12.25 cubic ft.:

1967-1975 (bulk 1967-1968, 1970-1975), 7 cubic ft.
1980-1981, 2.25 cubic ft.
1982-1983 (bulk 1982), 3 cubic ft.

Description:
These files consist of correspondence, memoranda, newsclippings, samples of voter registration materials, and some legislative reports received by and sent from the Elections Division of the Secretary of State, dating 1967-1975 and 1980-1983. This correspondence is of the Secretary of State and his staff with private citizens and with various local, county, state, and federal officials. It contains incoming and outgoing letters covering a wide range of election-related issues, concerns, complaints, and requests for information. Subjects covered include residency requirements, voter registration, redistricting, voting procedures, voting patterns, election returns, campaign expense statements, local option elections, candidates, ballots, election legislation, and Secretary of State election law opinions.

Related Secretary of State records include all of the records from the Elections Division, plus Secretary of State correspondence, 1846-1937, all described in other record series reviews in this report.

Purpose:
Elections Division correspondence files are created to assist the Elections Division in the carrying out of election duties, including the oversight of Texas elections.

Agency Program:
The Secretary of State has played some role in the elections of Texas since the beginning of the Republic. However, those functions were added to and clarified gradually over the years, and it was not until 1967 that the Secretary of State was declared the chief election officer of the state (Senate Bill 58, 60th Legislature, Regular Session).

The Secretary of State is specifically empowered to interpret the election laws and to ensure uniformity in the directives, opinions, and instructions for the thousands of elections held annually. The Elections Division's Voter Registration Section maintains a master file of registered voters and encourages and assists all eligible Texans to register to vote. The Elections Division also regulates the statutorily required funding of all Texas primary elections and provides for the training of election judges and clerks.

The Elections Division carries out responsibilities assigned to the Secretary of State as chief election officer of the state. Its duties are to obtain and insure uniformity in the application and interpretation of the election laws. The division furnishes directives and instructions to each public official responsible for elections, registration of voters and voting procedures. It prepares and distributes forms and ballots; receives and tabulates election returns for certain state and district offices; and maintains a register of all elected officials.

(V.T.C.A., Election Code, Sections 31.001 thru 31.005)

Arrangement:
1967-1975: Two accessions maintained as separate chronologically-ordered groups. Alphabetical by first letter of correspondent's surname. Several subject-oriented files are present.

1980-1983: Arranged first chronologically by year, then by type of correspondence. Citizen correspondence is grouped alphabetically by correspondent, then in reverse chronological order within folders. County correspondence is alphabetical by county. State/federal correspondence is alphabetical by correspondent.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory for 1967-1971 and 1980-1982, and matches the years and letters of the alphabet with boxes for 1972-1975 and 1982-1983.

Gaps? 1976-1979.
The State Archives is also missing 1984-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Correspondence, Administrative
Series item number: 1.1.007
Agency item number: 30.10
Archival code: R
Retention: CE + 5

Appraisal Decision:
Elections Division correspondence files may contain some material that would be considered general correspondence, but the bulk of it is administrative in nature. It documents in some depth the variety of activities with which the Elections Division is involved, much of which is not documented elsewhere. Therefore these files are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Election materials

Agency: Secretary of State, Elections Division

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: unknown at this time.

Archival holdings:
Election materials, 1909-1984 (bulk 1940-1984), 61.47 cubic ft.:

1909-1971 (bulk 1940-1968), 15.47 cubic ft.
1955-1976, 11 cubic ft.
1952-1984 (bulk 1976-1984), 35 cubic ft. (Those records are part of a processing backlog currently in off-site storage at the State Records Center.)

Description:
These records consist of a wide variety of miscellaneous election materials dating 1909-1984 (bulk 1940-1984). The files contain the following: certificates of election; returns (tabulated returns, county returns, and precinct returns); canvasses of votes; correspondence; proclamations; clippings; presidential electors reports; minutes of the electoral college; Attorney General opinions concerning elections; election working files; constitutional amendment working files; precinct maps; lists of candidates; copies of relevant legislation; records of political parties (including party conventions, rules, and financial reports); Libertarian Party and La Raza Unida Party materials; independent candidates materials; election school materials; ballot certifications; high school voter registration; voter registration tapes; translations of ballots; Justice Department objections; information to Data Services; district charts; drawings for ballot position; lists of County offices up for election; oaths of office; sample ballots; etc. These are records from primary, general, and special elections. Very few primary elections are covered prior to 1955. Files are not present for all elections.

Related Secretary of State records include all of the records from the Elections Division, plus Secretary of State correspondence, 1846-1937, all described in other record series reviews in this report.

Purpose:
Miscellaneous election materials are created to serve a wide variety of needs and functions, all related to the election duties and powers of the Secretary of State.

Agency Program:
The Secretary of State has played some role in the elections of Texas since the beginning of the Republic. However, those functions were added to and clarified gradually over the years, and it was not until 1967 that the Secretary of State was declared the chief election officer of the state (Senate Bill 58, 60th Legislature, Regular Session).

The Secretary of State is specifically empowered to interpret the election laws and to ensure uniformity in the directives, opinions, and instructions for the thousands of elections held annually. The Elections Division's Voter Registration Section maintains a master file of registered voters and encourages and assists all eligible Texans to register to vote. The Elections Division also regulates the statutorily required funding of all Texas primary elections and provides for the training of election judges and clerks.

The Elections Division carries out responsibilities assigned to the Secretary of State as chief election officer of the state. Its duties are to obtain and insure uniformity in the application and interpretation of the election laws. The division furnishes directives and instructions to each public official responsible for elections, registration of voters and voting procedures. It prepares and distributes forms and ballots; receives and tabulates election returns for certain state and district offices; and maintains a register of all elected officials.

(V.T.C.A., Election Code, various sections)

Arrangement:
Roughly chronological. There are three chronologically overlapping groups of election materials. The first group dates from 1909-1971 (mainly 1940-1968). The second group dates from 1955-1976 (mainly 1970-1974). The third group dates from 1952-1984 (mainly 1976-1984).

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes a folder inventory for election materials dating 1909-1976.

Gaps?
The State Archives is missing 1985-[ongoing].

Problems:
The main problem is chaotic arrangement, making these records difficult to use. Additional processing would be very helpful, perhaps into types of records. A large amount of backlog has never been processed, or even been given a preliminary inventory.

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series.
Socialist Worker's Party, Libertarian Party, and independent candidate petitions, 1974 [microfilm], 1978, 1980 (approved January 4, 1989; October 15, 1990; February 2, 1994);
Constitutional amendment election newspaper clippings, 1975 (approved August 18, 1993.

Requests for destruction initiated by State Archives (i.e., de-accessioned):
Socialist Workers Party, La Raza Unida Party, and American Party petitions, 1972, 1974, 10 cubic ft. (approved September 4, 1980); and 2 cubic ft. (approved September 20, 1989);
Nominating petitions to elect presidential candidate delegates at primary election, 1976, 8 cubic ft. (approved September 4, 1980);
Petitions from candidates to be placed on ballot, 1949, 0.67 cubic ft. (approved November 27, 1989).

Publications based on records: None

Series data from agency schedule:
Title: County Precinct Maps
Series item number: --
Agency item number: 33.40 Archival code: A
Retention: CE + 10 + 20

Title: Independent Candidates for President on the General Election Ballot (?)
Series item number: --
Agency item number: 33.90
Archival code: None
Retention: 2

Title: Political Party Rules
Series item number: --
Agency item number: 34.20
Archival code: None
Retention: 10

Title: Training Materials - Elections Officials
Series item number: 1.1.043
Agency item number: 34.30
Archival code: None
Retention: US + 1

Appraisal Decision:
Election materials contain a hodgepodge of documentation, and can be both frustrating and a gold mine. It could use some additional processing, and some of the materials (e.g. certificates of election and returns) either belong elsewhere or are duplicates. Nevertheless, these are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Financial disclosure statements/affidavits

Agency: Secretary of State, Elections Division, Disclosure Filings Section

Obsolete record series? No, but this function has been transferred to the Ethics Commission.

Ongoing record series? Yes, at the Ethics Commission.
Annual accumulation: unknown at this time.

Archival holdings:
Financial disclosure statements/affidavits, 1957-1975, 36 cubic ft. (There are two accessions):

1957-1973, 4 cubic ft.;
1973-1975, 32 cubic ft.

Description:
These records consist of financial disclosure statements or affidavits of elected officers (including candidates), salaried officers, appointed officers, and executive heads of state agencies. The files are dated 1957-1975. Two separate accessions cover different years (1957-1973 and 1973-1975) and used different filing arrangements.

The majority of the files in the first accession contain Code of Ethics affidavits disclosing controlling interests in business entities as required under the 1957 law, and date from 1957-1971. Information provided in these affidavits includes name, name of business entity, principal office or place of business, and relationship or interest owned. The later files in this accession, 1971-1973, largely contain information as required under the 1971 and 1973 laws, such as financial statements of assets and liabilities of the officer, his spouse, and dependent children, also listing boards of directors served on and corporate executive positions held. Some files may contain copies of tax returns in lieu of or in addition to these other statements.

The second accession of records consists of financial disclosure statements and affidavits, 1973-1975. Files contain financial statements of assets and liabilities of the officer, his spouse, and dependent children, also listing boards of directors served on and corporate executive positions held, or affidavits detailing interest in businesses regulated by state agencies or doing business with state agencies. Some files may contain copies of tax returns in lieu of or in addition to these other statements.

Purpose:
Financial disclosure statements/affidavits were created to comply with state ethics legislation providing for the disclosure of financial assets and possible conflicts of interest of elected, salaried, or appointed officers and executive heads of state agencies, and candidates for elected office.

Agency Program:
A code of ethics for state officers and employees was created in 1957 by House Bill 3, 55th Legislature, Regular Session. This legislation set forth standards of conduct for state officers and employees regarding possible conflicts of interest between their private interests and official duties. An individual having controlling interest in a business entity under state regulation was required to file an affidavit with the Secretary of State disclosing such interest. A stock fraud scandal involving several state officials, including the Speaker of the House, was uncovered in 1971, leading to a demand for tougher and more comprehensive ethics legislation. During the 1971 legislative session the 62nd Legislature passed a new ethics law, House Bill 203, which called for more comprehensive financial disclosures and for the filing of these statements by all elected and appointed state officials, and any state or legislative employees whose salary exceeded $11,000. Few disclosure filings were made under this law as it was declared unconstitutional by the Texas Attorney General in January 1972. The 63rd Legislature reworked the ethics legislation and passed House Bill 1 in 1973. Under the terms of this legislation annual financial statements are required to be filed by elected officers and candidates, salaried appointed officers, appointed officers of major state agencies, and executive heads of state agencies. These financial disclosures include a listing of assets and liabilities, of all boards of directors that the person serves on, and executive positions held in corporations. These statements also include financial disclosures for the official's spouse and any dependent children over which he has actual control. Appointed officers not required to file these statements still do need to file an affidavit with the Secretary of State if they have, acquire, or divest themselves of substantial interest in a business entity subject to state regulation or a business entity conducting business with any state agency. As with earlier ethics legislation this law sets forth a standards-of-conduct code for state officers and employees. The law requires these files to be open to public inspection for two years. The law also states that the financial statement may be destroyed after the second anniversary of the date the individual ceases to be a state officer, and that on notification from the former state officer the statement must be destroyed.

This filing was originally administered by the Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing.

(V.T.C.A., Government Code, Chapter 572; also Section 571.061)

Arrangement:
These records were received in two accessions, representing chronological groupings.
From 1957-1973, materials are arranged in a numerical filing sequence (136-1 thru 136-4441, and 164-1 thru 164-7), which is also chronological. From 1973-1975, files are arranged chronologically by year of filing, then alphabetically.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that matches file number with box for 1957-1973, and year and last name with box for 1973-1975.

Gaps?
The State Archives is missing 1976-[ongoing].

Problems:
Although these records were microfilmed, the microfilming was done by the Secretary of State's microfilm section, and does not adhere to appropriate ANSI standards. The microfilm is (or at least was) in cassette form rather than roll form, which means that the standard microfilm reader cannot read it.

Known related records in other agencies:
Ethics Commission, State officers personal financial statements and affidavits.

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series:
Personal financial statements for candidates/state officials (House Bill 1 filings), 1981-1985 (microfilmed) (approved January 4, 1989; October 15, 1990; and October 4, 1991); and
Disclosure of regulated business interests affidavits, 1974-1983 (approved October 15, 1990).

Publications based on records: None

Series data from agency schedule:
This function was transferred to the Ethics Commission, and the following data is from that agency's schedule:

Title: State officers personal financial statements and affidavits
Series item number: --
Agency item number: 229
Archival code: R
Retention: PM

(The paper copy is destroyed after microfilming; the original microfilm is stored at the State Records Center.)

Appraisal Decision:
First of all, let me say that I find it hard to be objective about this series, because this is the filing that I administered when I was in the Campaign and Ethics Section of the Secretary of State's Office, 1981-1982. At the time, there was heavy use of current files by researchers, who included members of the press, persons representing rival candidates for elective office, public interest groups such as Common Cause, and other interested members of the public. Frankly, the main complaint researchers had about this filing was that it was pretty vague; it really did not give a very accurate picture of an individual's financial worth, since it asked for broad categories of income rather than actual figures. At any rate, these files are one way (a relatively convenient way) of analyzing the financial status of political candidates, appointees to political commissions, and executive heads of state agencies. In terms of accountability (to point out conflicts of interest), I suppose they also still have some limited value, but that value is rapidly fading. Although these records have been microfilmed, we do not have the microfilm, and it was not done to ANSI standards anyway. My feeling is that, both for their informational value about the financial status of state officials and candidates, and for their documentation of this important function of the office, these records are archival, and that the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

Two archivists are undecided about the archival value of this series, and the overall concern is with the possible lack of integrity of the files, since former officeholders may demand destruction of their files. Yet the Ethics Commission microfilms them and lists the microfilm as PM and "R".

The decision of the appraisal committee was to wait until we appraise the records of the Ethics Commission to make a final determination on this series.

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Record Series Review
Series Title: Campaign contribution and expense statements (candidates)

Agency: Secretary of State, Elections Division, Disclosure Filings Section

Obsolete record series? No, but this function has been transferred to the Ethics Commission.

Ongoing record series? Yes, at the Ethics Commission.
Annual accumulation: unknown at this time.

Archival holdings:
Campaign contribution and expense statements of candidates, 1918-1989, 253.39 cubic ft.:

1918-1978, 118.21 cubic ft.;
1979-1981, 14 cubic ft.;
1981-1983, 30 cubic ft. (includes committees);
1983-1989, 91.18 cubic ft..

Description:
These records consist of campaign contribution and expense statements of candidates for state and district offices (and some voluntary filings of candidates for county and municipal offices), dating 1918-1989. Types of records include lists of contributions and expenditures, designations of campaign treasurer, correspondence, and envelopes. Included are accounts from primary, general, and special elections. In instances where a second primary was held, the two primaries were considered one election. Each candidate, campaign manager, or assistant campaign manager was required to keep a record of all funds received and disbursed. Time limits imposed on the filing of these records vary according to time period.

Beginning in 1973 these statements included the following information: full name and complete address of each person from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person or entity to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; the occupations of such persons (for General Purpose Political Action Committees); full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973; prior to 1973, all contributions and expenditures were reportable by name and address.)

Purpose:
Campaign contribution and expense statements of candidates were created originally (in 1919) "to prevent the control of Primary Elections by the use of money, and to regulate and limit the expenditure of money to promote or defeat the candidacy of persons for nomination for office in primary elections." As the law was broadened, these filings helped to ensure public accountability for the campaigns of candidates, encouraging high ethical standards by means of public scrutiny of the appropriate records.

Agency Program:
In 1919 the 36th Legislature, Regular Session passed Senate Bill 120, "An Act to prevent the control of Primary Elections by the use of money, and to regulate and limit the expenditure of money to promote or defeat the candidacy of persons for nomination for office in primary elections." By this law (and all subsequent laws), candidates for state and district offices must file campaign contribution and expenditure statements with the Secretary of State; candidates for county office must file with the county clerk; and candidates for municipal office (and for other political subdivisions) must file with the clerk or secretary of the municipality or political subdivision. The passage of House Bill 6, 52nd Legislature, Regular Session, 1951, extended this reporting requirement to candidates in all elections, both primary and general. This law was revised by House Bill 4, 63rd Legislature, Regular Session, 1973, the "Campaign Reporting and Disclosure Act of 1973."

The Campaign Reporting and Disclosure Act of 1973 required the following things to be reported: full name and complete address of each person or entity from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973; prior to 1973, all contributions and expenditures were reportable by name and address.)

These reports are to be open to public inspection for two years, after which the law allows them to be destroyed unless a court of competent jurisdiction has ordered their further preservation.

This filing was originally administered by the Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing.

(V.T.C.A., Elections Code, Title 15, Chapter 251; also Government Code, Section 571.061)

Arrangement:
These records were received in a number of accessions, representing chronological groupings.
From 1918-1947, files are chronological by year and therein alphabetical by the name of the candidate. From 1948-1973, files are numerical by numbers assigned by the Secretary of State (11-795 thru 11-8319), which arrangement is also chronological. From 1974-1989, files are first chronological (in groups of years: 1974, 1975-1978, 1979-1981, 1981-1983, 1983-1985, 1985-1987, 1987-1989); then within each group of years, files are alphabetical.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
Alphabetical listings for each year are found in the finding aid for the period 1918-1947. An alphabetical card index in Room 302 of the Lorenzo de Zavala State Archives and Library Building identifies the number assigned to each candidate from 1948-1973, although this index apparently has many missing cards prior to the mid-1960s. Another card index covers the period 1975-1978, and the finding aid contains an alphabetical list of missing index cards, for candidates whose files are represented in our holdings. Finally, there are finding aids in the State Archives search room that match names of candidates to boxes for 1979-1989.

Gaps?
The State Archives is missing 1990-[ongoing].

Problems:
Although these records were microfilmed, the microfilming was done by the Secretary of State's microfilm section, and does not adhere to appropriate ANSI standards. The microfilm is (or at least was) in cassette form rather than in roll form.

Known related records in other agencies:
Ethics Commission, Candidate-officeholder and committee contribution and expenditure reports.

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series.
Federal ethics filings (candidates and PACs), 1973-1989 (microfilmed) (approved December 3, 1986; November 3, 1987; October 14, 1988; January 4 and August 16, 1989).

Publications based on records: None

Series data from agency schedule:
This function was transferred to the Ethics Commission, and the following data is from that agency's schedule:

Title: Candidate-officeholder and committee contribution and expenditure reports
Series item number: --
Agency item number: 232
Archival code: R
Retention: PM

(The paper copy is destroyed after microfilming; the original microfilm is stored at the State Records Center.)

Appraisal Decision:
Campaign contribution and expense statements of candidates document in some detail precisely what their title suggests. When I was in the Campaign and Ethics Section of the Secretary of State's Office (1981-1982), the current files (and occasionally the older files) got very heavy use. Those requesting to see these files included members of the press, persons representing rival candidates for elective office, public interest groups such as Common Cause, and other interested members of the public. In the early 1980s Michael Dabrishius (who was Reference and Processing Archivist for the Archives and Information Services Division of the Texas State Library and Archives Commission) made the following undated comment on AC 1980/233: "These could serve as political ammunition, and are requested more frequently than I like for their current arrangement and description."

Although it is not an objective source, the following excerpt from an editorial in the Toledo Blade, dated October 3, 1998, titled "Snuffing out history," is of relevance:

People interested in seeing who has pulled the financial strings via political campaign contributions of politicians on their way up, say Michigan's Governor Engler and Ohio's Governor Voinovich, are out of luck. That's because campaign finance laws say that in Michigan campaign donation records in government possession must be dumped after five years. In Ohio, it's six years. For watchdog agencies such as Common Cause in Michigan, there's more to this kind of legislation than the cost of preserving and storing paper records. What appears really to be the issue is that politicians in the Legislature didn't want anyone going back to poke through campaign contribution lists and come up with something that might be embarrassing in the future. We have no doubt that similar motivations underlie Ohio's records law.

What it boils down to is a reprehensible erasing of history. As Karen Holcomb-Merrill, executive director of Common Cause in Michigan noted, "The money that you've accepted in the past is relevant."

The Michigan law, enacted in 1976, requires the state Bureau of Elections to destroy most campaign-finance records after five years. For officeholders with longer terms, such as judges, records are kept a year longer than the length of their terms. In Ohio the Secretary of State's office, and other sites where campaign contribution lists are filed, must by law keep them for six years. There is no requirement, as in Michigan, that they be destroyed. In Lucas County a spokesman said they were destroyed. Richard Porter, speaking for the Secretary of State's office, said none of these records had been destroyed in four years. Rather they were being warehoused via a private contractor and weren't available for public viewing.

The business of record maintenance and destruction, evolving as it did from business practices, is in need of review vis-a-vis public records. This wholesale planned destruction of campaign contribution forms, as an example, helps erase the history of this state and of prominent politicians whose biographers could use it. It is wrong that legislators allow this destruction to occur. It must be reversed, and reports important to communities, counties, and both states must be saved, somewhere, somehow.

While the above opinions may be overstated, it is true that accountability has a long life. Donaly fielded a reference question last month that requested statistics on contributions to the Clements-White gubernatorial race of 1982.

I believe these records to be an untapped mine for the analysis of campaign financing and its effects on elections. The fact that they are so voluminous is unfortunate from a storage standpoint, but not from a historical standpoint. Although these records have been microfilmed, we do not have the microfilm, and it was not done to ANSI standards anyway. My feeling is that, mainly for their informational value, these records are archival, and that the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Campaign contribution and expense statements (Political Action Committees)

Agency: Secretary of State, Elections Division, Disclosure Filings Section

Obsolete record series? No, but this function has been transferred to the Ethics Commission.

Ongoing record series? Yes, at the Ethics Commission.
Annual accumulation: unknown at this time.

Archival holdings:
Campaign contribution and expense statements of Political Action Committees, 1973-1989, 193.2 cubic ft.:

1973-1979, 62 cubic ft.
1979-1981, 2 cubic ft.
1981-1983, 30 cubic ft.
1985-1989, 99.2 cubic ft.

Description:
These records consist of financial statements of campaign contributions and expenditures for political action committees (PACs), dating 1973-1989. The files contain statements and lists of contributions and expenditures, designations of campaign treasurer, designations of final statement or specific purpose of the committee, correspondence, and envelopes. The law required all contributions by "specific purpose committees" to office-seekers to be shown on expense statements by said office-seekers. Guidelines established for "general purpose committees" allowed for funding to candidates that did not have to be reflected on their expense statements.

These statements include the following information: full name and complete address of each person from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; the occupations of such persons (for General Purpose Political Action Committees); full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973.)

Purpose:
Campaign contribution and expense statements of committees were created to ensure public accountability for the financial activities of political action committees, encouraging high ethical standards by means of public scrutiny of the appropriate records.

Agency Program:
This ethics filing was created by House Bill 4, 63rd Legislature, Regular Session, 1973. The Campaign Reporting and Disclosure Act of 1973 required the following things to be reported: full name and complete address of each person from whom contributions in an aggregate amount of more than $50 were received, the date, and the amount; full name and complete address of each person to whom any expenditure in an aggregate amount of more than $50 were made, the date, the amount, and the purpose; the occupations of such persons (for General Purpose Political Action Committees); full name and complete address of each person who assisted in obtaining credit or a loan of money; the total of all contributions received aggregating $50 or less; the total of all expenditures made aggregating $50 or less. (The $50 limit replaced a $10 limit established in 1973; prior to 1973, all contributions and expenditures were reportable by name and address.)

This filing was originally administered by the Enforcement Division, then (in the early 1980s) by the Campaign and Ethics Section of the Elections Division, renamed the Disclosure Filings Section by 1984. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing.

These reports are to be open to public inspection for two years, after which the law allows them to be destroyed unless a court of competent jurisdiction has ordered their further preservation.

(V.T.C.A., Elections Code, Title 15, Chapter 251; also Government Code, Section 571.061)

Arrangement:
In seven chronological groups: 1973-1974 (166-1 thru 166-626), 1975-1977 (166-1 thru 166-931), 1977-1979 (166-1 thru 166-1655), 1979-1981 (1226-01-43 thru 1446-01-43), 1981-1983 (alphabetical by candidate), 1985-1987 (000101 thru 607101), and 1987-1989 (000102 thru 802201). Within six of the groups the files are numerical by a number assigned to each committee by the Secretary of State. For 1981-1983, files are alphabetical by the name of the candidate, with the committees filed after the statements of the candidate for whom each was created.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
Two alphabetical card indexes in Room 302 of the Lorenzo de Zavala State Archives and Library Building match the names of the committees with the number assigned, for the periods 1973-1974 and 1975-1977. In addition, the finding aids in the Archives Search Room contain a folder inventory for 1973-1979, and match PAC numbers to boxes for 1979-1989.

The Secretary of State's Office retained a card index for 1979-1981 at the time of transfer of those files. Billie Thompson of the Disclosures Filings Section of the Elections Division made this decision (to keep the index at the Secretary of State's office) in August 1989 after discussions with Archives and Information Services Division staff.

An alphabetical listing of PAC names and corresponding numbers is available at the Texas Ethics Commission's Public Viewing Room in the "Report file printout". Call 463-5800 for more information.

Gaps? 1983-1985
On April 2 and 5, 1991, the State and Local Records Management Division of the Texas State Library and Archives Commission inadvertently destroyed statements of Political action committees from September 1983 to September 1985 (52 cubic ft.). These records had been microfilmed by the Secretary of State and are available at the Texas Ethics Commission in the Public Viewing Room.

The State Archives is missing 1990-[ongoing].

Problems:
Although these records were microfilmed, the microfilming was done by the Secretary of State's microfilm section, and does not adhere to appropriate ANSI standards. The microfilm is (or at least was) in cassette form rather than roll form.

Known related records in other agencies:
Ethics Commission, State Political Action Committee contribution and expenditure reports.

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series.
Political committee documents (except candidate committees), 1981-1983 (microfilmed) (approved January 4, 1989);
Political Action Committees, 1983-1985 (approved October 15, 1990);
Federal ethics filings (candidates and PACs), 1973-1989 (microfilmed) (approved December 3, 1986; November 3, 1987; October 14, 1988; January 4 and August 16, 1989).

Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Ethics Commission, and the following were found for this series or for equivalent or related series.
Political committee contribution and expenditure reports, 1989-1991 (microfilmed; destroy hard copy after verification) (approved October 11, 1995).

Publications based on records: None

Series data from agency schedule:
This function was transferred to the Ethics Commission, and the following data is from that agency's schedule:

Title: State Political Action Committee contribution and expenditure reports
Series item number: --
Agency item number: 225
Archival code: R
Retention: PM

(The paper copy is destroyed after microfilming; the original microfilm is stored at the State Records Center.)

Appraisal Decision:
Campaign contribution and expense statements of political action committees document in some detail precisely what their title suggests. When I was in the Campaign and Ethics Section of the Secretary of State's Office (1981-1982), the current files (and occasionally the older files) got very heavy use. Those requesting to see these files included members of the press, persons representing rival candidates for elective office, public interest groups such as Common Cause, and other interested members of the public.

Although it is not an objective source, the following excerpt from an editorial in the Toledo Blade, dated October 3, 1998, titled "Snuffing out history," is of relevance:

People interested in seeing who has pulled the financial strings via political campaign contributions of politicians on their way up, say Michigan's Governor Engler and Ohio's Governor Voinovich, are out of luck. That's because campaign finance laws say that in Michigan campaign donation records in government possession must be dumped after five years. In Ohio, it's six years. For watchdog agencies such as Common Cause in Michigan, there's more to this kind of legislation than the cost of preserving and storing paper records. What appears really to be the issue is that politicians in the Legislature didn't want anyone going back to poke through campaign contribution lists and come up with something that might be embarrassing in the future. We have no doubt that similar motivations underlie Ohio's records law.

What it boils down to is a reprehensible erasing of history. As Karen Holcomb-Merrill, executive director of Common Cause in Michigan noted, "The money that you've accepted in the past is relevant."

The Michigan law, enacted in 1976, requires the state Bureau of Elections to destroy most campaign-finance records after five years. For officeholders with longer terms, such as judges, records are kept a year longer than the length of their terms. In Ohio the Secretary of State's office, and other sites where campaign contribution lists are filed, must by law keep them for six years. There is no requirement, as in Michigan, that they be destroyed. In Lucas County a spokesman said they were destroyed. Richard Porter, speaking for the Secretary of State's office, said none of these records had been destroyed in four years. Rather they were being warehoused via a private contractor and weren't available for public viewing.

The business of record maintenance and destruction, evolving as it did from business practices, is in need of review vis-a-vis public records. This wholesale planned destruction of campaign contribution forms, as an example, helps erase the history of this state and of prominent politicians whose biographers could use it. It is wrong that legislators allow this destruction to occur. It must be reversed, and reports important to communities, counties, and both states must be saved, somewhere, somehow.

While the opinions expressed in this editorial may be overstated, it is true that accountability has a long life. Donaly fielded a reference question last month that requested statistics on contributions to the Clements-White gubernatorial race of 1982.

I believe these records to be an untapped mine for the analysis of campaign financing and its effects on elections. The fact that they are so voluminous is unfortunate from a storage standpoint, but not from a historical standpoint. Although these records have been microfilmed, we do not have the microfilm, and it was not done to ANSI standards anyway. My feeling is that, mainly for their informational value, these records are archival, and that the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Speaker's race, campaign finance statements

Agency: Secretary of State, Elections Division, Disclosure Filings Section

Obsolete record series? No, but this function has been transferred to the Ethics Commission.

Ongoing record series? Yes, at the Ethics Commission.
Annual accumulation: unknown at this time, but probably fractional.

Archival holdings:
Speaker's race, campaign finance statements, 1971-1985, 1 cubic ft.

Description:
These records consist of statements of campaign finances together with related correspondence for races for Speaker of the Texas House of Representatives. They range in date from 1971 to 1985. These records detail the candidate's entrance into or withdrawal from the race; designation of a campaign treasurer; campaign expenditures and contributions of money, goods or services.

Purpose:
A stock fraud scandal was uncovered in 1971, involving several state officials, including the Speaker of the House, leading to a demand for tougher and more comprehensive ethics legislation. Speaker's race campaign finance statements are created to ensure public accountability for the race for Speaker of the House, encouraging high ethical standards by means of public scrutiny of the appropriate records.

Agency Program:
One of the first tasks facing each new Texas House of Representatives is the election of one of its members as a Speaker of the House, to preside over the House.

This ethics filing was created by House Bill 8, 63rd Legislature, Regular Session, 1973. It requires every candidate for the office of Speaker of the Texas House of Representatives to file with the Secretary of State a statement of contributions, loans, and expenditures for that race. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing. These reports are to be open to public inspection for two years, after which the law allows them to be destroyed unless a court of competent jurisdiction has ordered their further preservation.

(V.T.C.A., Government Code, Chapter 302; also Section 571.061)

Arrangement:
Alphabetical by name of candidate.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that includes an alphabetical list of candidates.

Gaps?
The State Archives is missing 1986-[ongoing].

Problems: None

Known related records in other agencies:
Ethics Commission, Speaker of the House reports.

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This function was transferred to the Ethics Commission, and the following data is from that agency's schedule:

Title: Speaker of the House reports
Series item number: --
Agency item number: 231
Archival code: R
Retention: PM

(The paper copy is destroyed after microfilming; the original microfilm is stored at the State Records Center.)

Appraisal Decision:
These records document the contributions and expenditures associated with the race for Texas Speaker of the House. I believe them to be a significant source for the analysis of campaign financing and its effects on this specific type of election. They do not suffer from the problem of volume that we find in the two series of campaign contribution and expense statements (of candidates, and of political action committees). They have not been microfilmed. Mainly for their informational value, these records are archival, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Lobbyist activity reports

Agency: Secretary of State, Elections Division, Disclosure Filings Section

Obsolete record series? No, but this function has been transferred to the Ethics Commission.

Ongoing record series? Yes, at the Ethics Commission.
Annual accumulation: unknown at this time.

Archival holdings:
Lobbyist activity reports, 1987-1989, 16 cubic ft.

Description:
Records consist of lobbyist registration and activity reports, dated 1987-1989. The lobbyist registration and registration renewal form gives the following: registrant's name, residence address, normal business, business address, business telephone number, name and address of employer(s), and subject matters of the lobbyist's activity. If the lobbyist is employed by members of a group other than a corporation, the form gives the number of members in the group, the full names of persons in the group who set policy, and the method of setting policy. The lobbyist activity reports (either monthly or quarterly) give the following: name and address of the registrant, name and address of employer(s), expenditures by the registrant and by others on behalf of the registrant, and subject matters. The expenditures are broken down into three categories: entertainment; gifts, awards, and/or loans; and broadcast, print advertisements, direct mailings, and other mass media communications. Also included in these files are receipts for the filing fee, letters from the Secretary of State (e.g. regarding late fees), and envelopes.

Purpose:
Lobbyist activity reports are created to ensure public accountability for the activities and finances of lobbyists (persons who are retained by groups or persons to influence legislation), encouraging high ethical standards by means of public scrutiny of the appropriate records.

Agency Program:
This ethics filing was created in 1973 by House Bill 2, 63rd Legislature, Regular Session. It required every person who is employed or retained to influence legislation as a lobbyist to register with the Secretary of State, giving the following items of information: full name and address, business and business address, name and address of each person who made a contribution to the lobbyist, name and address of each person by whom the lobbyist is employed or retained to influence legislation, a specific description of matters on which the lobbyist expects to communicate directly with members of the legislative or executive branch to influence legislation, the number of members in any group represented by the lobbyist, and a full description of the methods by which the lobbyist develops and makes decisions about positions on policy. In 1992, the Texas Ethics Commission was created, and assumed the administration and enforcement of this filing. The law requires these reports to be open to public inspection; the law also requires the office responsible for maintaining this filing to purge its files after five years, thus ensuring that only active lobbyists are on file.

(V.T.C.A., Government Code, Chapter 305; also Section 571.061)

Arrangement:
Alphabetical by name of lobbyist, and therein in reverse chronological order.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? 1973-1986.
The State Archives is also missing 1990-[ongoing].

Problems:
Folders were removed prior to microfilming, but not replaced. The microfilming was done by the Secretary of State's microfilm section, and does not adhere to appropriate ANSI standards. No finding aid was ever produced.

Files for 1974-1987 were destroyed, but apparently also microfilmed.

Known related records in other agencies:
Ethics Commission, State lobbyists activity reports.

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series.
Lobbyists, terminated and deceased, 1974-1984 (microfilmed) (approved April 22, 1986 and October 15, 1990).
Lobby filings, 1974-1987 (approved October 15, 1990 and October 4, 1991).

Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Ethics Commission, and the following were found for this series or for equivalent or related series.
State lobbyist activity reports, 1990-1991 (microfilmed; destroy hard copy after verification) (approved October 11, 1995).

Publications based on records:
Texas Ethics Commission:
List of registered lobbyists with employers/clients, sorted by lobbyist name.
Registered lobbyists by lobby subject matter. (This list has been required by law since 1991, and was apparently not compiled prior to that year.)

Series data from agency schedule:
This function was transferred to the Ethics Commission, and the following data is from that agency's schedule:

Title: State lobbyists activity reports
Series item number: --
Agency item number: 228
Archival code: R
Retention: PM

(The paper copy is destroyed after microfilming; the original microfilm is stored at the State Records Center.)

Appraisal Decision:
Lobbyist activity reports document a significant political phenomenon, the organized attempt to influence legislation. Accountability may be even more of an issue in these records, since candidates come and go, but legislation often stays around for years.

These records have a bit of appraisal history already. A memo by Chris LaPlante to the accession file, dated November 25, 1991, noted the following: "Carolyn Foster and I reviewed the records and determined that they were of marginal value. However, given the strong attention to ethics in state government in recent years, that the records should be retained. We also agree that the agency should be requested in the future to film according to ANSI standards for archival records. In the meantime, we would retain the hard copy and also check into seeing if the existing reels could be duplicated onto archival quality film.... The Disclosure Filings Section was going to be transferred to the newly created Texas Ethics Commission in a few weeks."

Another factor possibly increases the value of these particular lobbyist reports as a historical "snapshot": the legal requirement to purge the files every five years. They cover only three years, yet fill 16 cubic ft.; nevertheless, if they were still active records, they might have been mostly purged. This is slippery information.

Although these records have been microfilmed, we do not have the microfilm, and it was not done to ANSI standards anyway. My feeling is that, both for their informational value, and for the evidence they provide of the nature of lobbyist activities at this point in time (a sampling?), these records are archival. The Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

Two archivists are not convinced that these are archival. Among the arguments against keeping these files is the existence of published lists of lobbyists. But these published lists begin only in 1991. Besides, a mere list does not document what these files document.

Another objection was the legal requirement for purging the files. From the beginning the law has required purging - but not necessarily destruction -- every five years to avoid confusion as to who is acting as a lobbyist; yet the Ethics Commission microfilms them and lists the microfilm as PM and "R".

The decision of the appraisal committee was to wait until we appraise the records of the Ethics Commission to make a final determination on this series.

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Record Series Review
Series Title: Registers of corporate charters

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? No, although the register (volume) format is obsolete.

Ongoing record series? Yes, although these records are now maintained as loose files that are also microfilmed upon filing.

Archival holdings:
Registers of corporate charters, 1871-1873, 1881-1883, 1.30 cubic ft.

Description:
This series consists of three volumes containing fair copies of the charters and amendments to charters of corporations operating in Texas, dating 1871-1873 and 1881-1883. Beginning in 1871 these charters were assigned numbers by the Secretary of State; the volumes contain copies of over 770 charters, Numbers 1-159 and 1388-1998. A typical charter includes the following information: the name of the corporation or association, the number, the names of all persons incorporating or associating, the purpose, the location of the principal office, the term (usually 50 years), the method of electing the board and the officers, the amount of capital stock, the amount of each share, the method of voting, rates for services, etc. Both for-profit and non-profit corporations are included.

Purpose:
Registers of corporate charters were created to serve as the official record of the creation of private corporations in Texas, along with the terms of that creation.

Agency Program:
In an Act concerning private corporations, approved December 2, 1871 (12th Legislature, 2nd Session), and again in an act approved April 23, 1874 (14th Legislature, Regular Session), the legislature provided for the creation and regulation of private corporations (both for profit and not for profit). Each such corporation was required to file its charter with the Secretary of State, who would record that charter in a book maintained for that purpose. This copy would be evidence of the creation of the corporation. The charter had to contain the name of the corporation, the purpose of its creation, place(s) of business, term of existence, number and names and addresses of directors or trustees, amount of capital stock (if any), and number of shares into which this stock was divided. These provisions were superseded in 1955 when the Business Corporations Act was passed (House Bill 16, 54th Legislature, Regular Session), and in 1959 when the Non-Profit Corporations Act was passed (House Bill 145, 56th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Business Corporations Act, Article 3.03 and Vernon's Ann. Civ. St., Article 1396-9.04)

Arrangement: Numerical by number of charter, which is also chronological in the order that the corporation filed its charter with the Secretary of State.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
Yes, some indexes still exist, although only one has been found to correspond to these registers: 2-7/479 is the index to register 4-20/195, covering the years 1882-1883.

Gaps? May 1873-April 1881, and after March 1, 1883.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. These reports contain lists of corporate charters filed (although not the texts of these charters). Information in these lists becomes more detailed over the years. Reports for 1874 through 1878 report the following: number, county, name of corporation, when filed, and when recorded. Reports for 1879 through 1920 report the following (going back to 1871): name of corporation (listed alphabetically), purpose, place of business, authorized capital stock, number of shares, date of filing, and term of existence.

Series data from agency schedule:
Title: Corporation documents
Series item number: --
Agency item number: 1001
Archival code: None
Retention: AC (until dissolved, forfeited, or expired)

Title: Corporation documents (formerly known as Domestic & Foreign Charters) [microfilm]
Series item number: --
Agency item number: 1002
Archival code: None
Retention: PM

Appraisal Decision:
Registers of corporate charters contain the only copies known of the nearly 800 charters filed with the Secretary of State during the six years represented. No microfilm copies of 19th-century corporate charters are known to exist. The only factor mitigating the sad absence of most of the original documents is that much of the basic information was published in annual/biennial reports of the Secretary of State, 1874-1920. Otherwise, the Secretary of State's function in the filing of charters is very poorly documented. At any rate, these registers of corporate charters are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Indexes to registers of corporate charters

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Unknown

Ongoing record series? Unknown

Archival holdings:
Indexes to registers of corporate charters, 1882-1883, 1899-[19--?], fractional

Description:
This series consists of two indexes to registers of corporate charters, dating 1882-1883 and 1899-[19--?]. The information in the indexes includes the name of the corporation, the place of business, and a page number corresponding to the register for which each is an index. Both for-profit and non-profit corporations are included. Only one of the indexes matches an extant register: register "D," dating 1882-1883.

Purpose:
Indexes to registers of corporate charters were created to provide ready access to the actual texts of corporate charters.

Agency Program:
In an Act concerning private corporations, approved December 2, 1871 (12th Legislature, 2nd Session), and again in an act approved April 23, 1874 (14th Legislature, Regular Session), the legislature provided for the creation and regulation of private corporations (both for profit and not for profit). Each such corporation was required to file its charter with the Secretary of State, who would record that charter in a book maintained for that purpose. This copy would be evidence of the creation of the corporation. The charter had to contain the name of the corporation, the purpose of its creation, place(s) of business, term of existence, number and names and addresses of directors or trustees, amount of capital stock (if any), and number of shares into which this stock was divided. These provisions were superseded in 1955 when the Business Corporations Act was passed (House Bill 16, 54th Legislature, Regular Session), and in 1959 when the Non-Profit Corporations Act was passed (House Bill 145, 56th Legislature, Regular Session); they were formally repealed in 1961 (House Bill 137, 57th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Business Corporations Act, Article 3.03 and Vernon's Ann. Civ. St., Article 1396-9.04)

Arrangement: Chronological by groups of years, and alphabetical by name of corporation within each index.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
These records are indexes.

Gaps? 1871-1873 (there is a register with these dates, but no index)

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This series is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
The index to registers of corporate charters dating 1882-1883 is a very useful tool for accessing the copies of charters found in the register of 1881-1883. While the other index, with dates beginning 1899, is currently of limited use, the matching register may some day be found. In general, the Secretary of State's function in the filing of corporate charters is very poorly documented. For all of these reasons, both of these indexes are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Indexes to corporate charters

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Unknown

Ongoing record series? Unknown

Archival holdings:
Indexes to corporate charters, 1871-1904, 1915-1922, 1927-1928, 1.83 cubic ft.

Description:
This series consists of three indexes to corporate charters filed with the Secretary of State, dating 1871-1904, 1915-1922, and 1927-1928. The information in each index includes the following: number of charter, number of file box, name of corporation, place of business, amount of authorized capital stock, number of shares, date of filing, and term of existence (in years). Both for-profit and non-profit corporations are included.

As to the actual corporate charters to which these indexes apply, the Archives and Information Services Division of the Texas State Library and Archives Commission does not hold the original charters. It has only three Registers of corporate charters, 1871-1873, 1881-1883, which give copies of the texts of charters for those years. The existence or whereabouts of others is unknown.

Purpose:
Indexes to corporate charters were created to provide easy access to the original charters (giving charter number and file box number-the latter no longer relevant), and also to provide a brief summary of pertinent information about each corporation's charter: i.e., place of business, amount of authorized capital stock, number of shares, date of filing, and term of existence.

Agency Program:
In an Act concerning private corporations, approved December 2, 1871 (12th Legislature, 2nd Session), and again in an act approved April 23, 1874 (14th Legislature, Regular Session), the legislature provided for the creation and regulation of private corporations (both for profit and not for profit). Each such corporation was required to file its charter with the Secretary of State, who would record that charter in a book maintained for that purpose. This copy would be evidence of the creation of the corporation. The charter had to contain the name of the corporation, the purpose of its creation, place(s) of business, term of existence, number and names and addresses of directors or trustees, amount of capital stock (if any), and number of shares into which this stock was divided. These provisions were superseded in 1955 when the Business Corporations Act was passed (House Bill 16, 54th Legislature, Regular Session), and in 1959 when the Non-Profit Corporations Act was passed (House Bill 145, 56th Legislature, Regular Session); they were formally repealed in 1961 (House Bill 137, 57th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Business Corporations Act, Article 3.03 and Vernon's Ann. Civ. St., Article 1396-9.04)

Arrangement: Chronological by groups of years, then roughly alphabetical by name of corporation within each index.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
These records are indexes.

Gaps? 1905-1914, 1923-1926

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. These reports contain lists of corporate charters filed. Information in these lists becomes more detailed over the years. Reports for 1874 through 1878 report the following: number, county, name of corporation, when filed, and when recorded. Reports for 1879 through 1920 report the following (going back to 1871): name of corporation (listed alphabetically), purpose (at least until about 1902), place of business, authorized capital stock, number of shares, date of filing, and term of existence. Beginning in 1890, foreign corporations are listed separately from domestic corporations, with the following information reported: name of corporation, state or territory of domicile, amount of capital stock, term, and date of filing. Exempt/ benevolent corporations are included in these lists. There is a gap in the biennial reports held by the Archives and Information Services Division of the Texas State Library and Archives Commission, between 1921 and 1931.

Series data from agency schedule:
This series is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
The information in the first and most of the second of these indexes to corporate charters is apparently duplicated in the published Annual/Biennial Reports of the Secretary of State. However, we have a gap in those reports in our holdings, which is partially covered by some of the second index, and by all of the third index. For this reason the second and third indexes are definitely archival. I would further argue that the first index, mainly because of its age, but also because it covers 34 years in one volume rather than two years at a time, is also archival. Therefore the Archives and Information Services Division of the Texas State Library and Archives Commission should retain all of them.

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Record Series Review
Series Title: Number indexes to domestic corporations

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Unknown

Ongoing record series? Unknown

Archival holdings:
Number indexes to domestic corporations, 1896-1904, 1911-1917, 0.39 cubic ft.

Description:
This series consists of two number indexes to domestic corporations filed with the Secretary of State of Texas, dating July 18, 1896-July 30, 1904 and December 23, 1911-March 31, 1917. The information included in these indexes includes the following: number of charter, name of corporation, place of business, amount of authorized capital stock, amount paid in (1911-1917 only), number of shares, date of filing, and term of years to exist. The indexes contain entries for over 13,300 charters, Numbers 7401 thru 13607 and 23,910 thru 31,008. Both for-profit and non-profit corporations are included.

As to the actual charters of domestic corporations to which these indexes apply, the Archives and Information Services Division of the Texas State Library and Archives Commission does not hold the original charters. Their existence or whereabouts is unknown.

Purpose:
Number indexes to domestic corporations were created to identify domestic corporations in Texas by their charter number, and to provide basic information about these charters: place of business, amount of authorized capital stock, amount paid in (1911-1917 only), number of shares, date of filing, and term of years to exist.

Agency Program:
In an Act concerning private corporations, approved December 2, 1871 (12th Legislature, 2nd Session), and again in an act approved April 23, 1874 (14th Legislature, Regular Session), the legislature provided for the creation and regulation of private corporations (both for profit and not for profit). Each such corporation was required to file its charter with the Secretary of State, who would record that charter in a book maintained for that purpose. This copy would be evidence of the creation of the corporation. The charter had to contain the name of the corporation, the purpose of its creation, place(s) of business, term of existence, number and names and addresses of directors or trustees, amount of capital stock (if any), and number of shares into which this stock was divided. These provisions were superseded in 1955 when the Business Corporations Act was passed (House Bill 16, 54th Legislature, Regular Session), and in 1959 when the Non-Profit Corporations Act was passed (House Bill 145, 56th Legislature, Regular Session); they were formally repealed in 1961 (House Bill 137, 57th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Business Corporations Act, Article 3.03 and Vernon's Ann. Civ. St., Article 1396-9.04)

Arrangement: Chronological by date of filing with the Secretary of State, which is also roughly numerical (except for charters where the filing is for an amendment only).

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
These records are indexes.

Gaps? August 1904-November 1911

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. These reports contain lists of corporate charters filed. Reports for 1879 through 1920 report the following (going back to 1871): name of corporation (listed alphabetically), purpose, place of business, authorized capital stock, number of shares, date of filing, and term of existence. Beginning with the 1896 report, these lists are labeled as domestic corporations; foreign corporations are listed separately beginning in 1890.

Series data from agency schedule:
This series is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
Most of the information contained in the two number indexes to domestic corporations is duplicated in the biennial reports of the Secretary of State for those years. However, the index for 1911-1917 contains the amount paid in to the corporation, and both indexes contain the number of the charter, neither of which items are included in the biennial reports. Another difference is the arrangement, which is chronological/numerical in the indexes, and alphabetical in the biennial reports. In general, the Secretary of State's function in the filing of corporate charters is very poorly documented. For all these reasons, the number indexes are archival, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain both of them.

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Record Series Review
Series Title: Lists/indexes of foreign corporations

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Yes

Ongoing record series? No

Archival holdings:
Lists/indexes of foreign corporations, 1889-1890, 1913-1922, 0.1 cubic ft.:

List of foreign corporations, 1889-1890, 0.07 cubic ft.
Geographical index of foreign corporations, 1913-1922, 0.04 cubic ft.

Description:
This series consists of one volume and part of another volume, containing lists/indexes of foreign corporations operating in Texas, dating 1889-1890 and 1913-1922.

The first volume contains a numerical list of foreign corporations operating in Texas, dating July 6, 1889 thru April 4, 1890. Information in the list includes a sequential number (from 1 thru 571), the name of the corporation, and a date. This latter information was possibly the date that the charter was filed, although I am not able to match these entries with anything in the index to corporate charters, 1871-1904. Nor is it apparent what the initial numbers mean.

The other (partial) volume (pages 1-151) contains a geographical index to foreign corporations operating in Texas, organized by state of the Union or by nation, dating 1913-1922. Information includes a number (in the 2000s to 4000s), the name of the corporation, the address (often just the town or city), the amount of authorized capital stock, and a date (presumably of filing).

As to the actual charters of foreign corporations to which these lists/indexes apply, the Archives and Information Services Division of the Texas State Library and Archives Commission does not hold the original charters. The existence or whereabouts of these charters is unknown.

Purpose:
The list of foreign corporations was probably created to serve as a numerical index to foreign corporations in Texas, although this is uncertain. The geographical index to foreign corporations was created to serve as a guide to which companies were headquartered in which states or countries, and also to provide basic data about these corporations (name and address, amount of authorized capital stock, and date of filing).

Agency Program:
In an Act concerning private corporations, approved December 2, 1871 (12th Legislature, 2nd Session), and again in an act approved April 23, 1874 (14th Legislature, Regular Session), the legislature provided for the creation and regulation of private corporations (both for profit and not for profit). Each such corporation was required to file its charter with the Secretary of State, who would record that charter in a book maintained for that purpose. This copy would be evidence of the creation of the corporation. The charter had to contain the name of the corporation, the purpose of its creation, place(s) of business, term of existence, number and names and addresses of directors or trustees, amount of capital stock (if any), and number of shares into which this stock was divided. These provisions were superseded in 1955 when the Business Corporations Act was passed (House Bill 16, 54th Legislature, Regular Session), and in 1959 when the Non-Profit Corporations Act was passed (House Bill 145, 56th Legislature, Regular Session); they were formally repealed in 1961 (House Bill 137, 57th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Business Corporations Act, Article 3.03 and Vernon's Ann. Civ. St., Article 1396-9.04)

Arrangement:
(a) Numerical by number of entry, which is also chronological. (b) Out-of-state, followed by out-of-country; then alphabetical by state of the Union and by nation; then roughly alphabetical by name of corporation.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
The Geographical index of foreign corporations is an index.

Gaps?
1891-1912; also, no records prior to 1889 or after 1922.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. These reports contain lists of corporate charters filed. Beginning in 1890, and extending through 1920, foreign corporations are listed separately from domestic corporations, with the following information reported: name of corporation, state or territory of domicile, amount of capital stock, term, and date of filing. There is a gap in the biennial reports held by the Archives and Information Services Division of the Texas State Library and Archives Commission, between 1921 and 1931.

Series data from agency schedule:
This series is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
The first of these volumes, the numerical list of foreign corporations, 1889-1890, apparently contains less information for foreign corporations than the biennial report for 1890; it does, however contain numbers, and is arranged chronologically rather than alphabetically.

The geographical index of foreign corporations, 1913-1922, contains the same information as do the biennial reports for 1890-1920, except that it too contains a number. The real value of this index is in its arrangement, by state of the Union or by nation. In addition, it contains information for two years (1921-1922) which are not covered by biennial reports in our holdings.

In general, the Secretary of State's function in the filing of corporate charters is very poorly documented.

For all of these reasons (especially for the arrangements of the indexes), they are both archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Index of exempt corporations

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Unknown

Ongoing record series? Unknown

Archival holdings:
Index of exempt corporations, 1871-1926, 0.04 cubic ft.

Description:
This series consists of a portion of a volume containing an index of exempt (not-for-profit) corporations chartered in Texas, dating 1871-1926. Information given for these corporations include the following: the number of the charter, the name of the corporation, the location (town or city), the date the charter was filed, and the number of years of its charter was issued for.

As to the actual charters of exempt (not-for-profit) corporations to which this index applies, the Archives and Information Services Division of the Texas State Library and Archives Commission does not hold the original charters. It has only three Registers of corporate charters, 1871-1873, 1881-1883, which give copies of the texts of charters for those years. The existence or whereabouts of others is unknown.

Purpose:
This index of exempt corporations was created to provide access to charters of, and also basic information concerning, exempt (non-profit) corporations.

Agency Program:
In an Act concerning private corporations, approved December 2, 1871 (12th Legislature, 2nd Session), and again in an act approved April 23, 1874 (14th Legislature, Regular Session), the legislature provided for the creation and regulation of private corporations (both for profit and not for profit). Not-for-profit corporations include religious corporations and corporations for charity or benevolence. Each corporation was required to file its charter with the Secretary of State, who would record that charter in a book maintained for that purpose. This copy would be evidence of the creation of the corporation. The charter had to contain the name of the corporation, the purpose of its creation, place(s) of business, term of existence, number and names and addresses of directors or trustees, amount of capital stock (if any), and number of shares into which this stock was divided. Corporations which are "religious, literary, social, scientific, industrial, benevolent" do not need to list capital stock or amount of shares, but must list the estimated value of "goods, chattels, lands, rights and credits owned." These provisions were superseded in 1955 when the Business Corporations Act was passed (House Bill 16, 54th Legislature, Regular Session), and in 1959 when the Non-Profit Corporations Act was passed (House Bill 145, 56th Legislature, Regular Session); they were formally repealed in 1961 (House Bill 137, 57th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Business Corporations Act, Article 3.03 and Vernon's Ann. Civ. St., Article 1396-9.04)

Arrangement: Roughly alphabetical by name of corporation, for A-D only (in several segments per letter of the alphabet-for unknown reasons), then chronological by date of filing (which is also numerical).

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
This record is an index.

Gaps? E thru Z. None prior to 1871 or after 1926.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. These reports contain lists of corporate charters filed. Information in these lists becomes more detailed over the years. Reports for 1874 through 1878 report the following: number, county, name of corporation, when filed, and when recorded. Reports for 1879 through 1920 report the following (going back to 1871): name of corporation (listed alphabetically), purpose (at least until about 1902), place of business, authorized capital stock, number of shares, date of filing, and term of existence. Exempt/benevolent corporations are included in these lists. The report for 1932-1934 has a separate listing for exempt and benevolent corporations chartered. There is a gap in the biennial reports held by the Archives and Information Services Division of the Texas State Library and Archives Commission, between 1921 and 1931.

Series data from agency schedule:
This series is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
The information in this index of exempt corporations is essentially duplicated in the published biennial reports of the Secretary of State, except for the charter numbers. However, exempt corporations are not listed separately in the biennial reports, but are listed with all other domestic charters until the report of 1932-1934. In addition, biennial reports are missing in our holdings for the years 1921-1931, whereas the index of exempt corporations extends to 1926. In general, the Secretary of State's function in the filing of corporate charters is very poorly documented. For all of these reasons, this index is an archival record, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain it.

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Record Series Review
Series Title: Volumes concerning problems with corporate charters

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Yes

Ongoing record series? No

Archival holdings:
Volumes concerning problems with corporate charters, 1899-1901, 0.28 cubic ft.

Description:
This series consists of seven small volumes documenting problems with applications for corporate charters filed with the Secretary of State, dating 1899-1901. Each entry included the name of the corporation, the amount of authorized capital stock, an itemization of problems that must be addressed for the charter to be accepted for filing, amount of fees, and dates returned and/or filed. Examples of problems outlined include the following:

  • "You cannot purchase and deal in the finished project of your mill-can purchase and deal in only your raw material. Must strike out last word or confine to selling."
  • "Article 3 must name places of business as well as principal office."
  • "No fees."
  • "Article 2 of application has more than one purpose. Which do you want? Quote all to him. Hold for answer and money."
  • "Limitation of 3 miles cannot be allowed because ferry is at a public road and statute forbids."

Purpose:
Volumes concerning problems with corporate charters were created for the analysis of those charters by the Secretary of State, as well as to track all actions taken by both the Secretary of State and the corporation to resolve those problems.

Agency Program:
In an Act concerning private corporations, approved December 2, 1871 (12th Legislature, 2nd Session), and again in an act approved April 23, 1874 (14th Legislature, Regular Session), the legislature provided for the creation and regulation of private corporations (both for profit and not for profit). Each such corporation was required to file its charter with the Secretary of State, who would record that charter in a book maintained for that purpose. This copy would be evidence of the creation of the corporation. The charter had to contain the name of the corporation, the purpose of its creation, place(s) of business, term of existence, number and names and addresses of directors or trustees, amount of capital stock (if any), and number of shares into which this stock was divided. These provisions were superseded in 1955 when the Business Corporations Act was passed (House Bill 16, 54th Legislature, Regular Session), and in 1959 when the Non-Profit Corporations Act was passed (House Bill 145, 56th Legislature, Regular Session); they were formally repealed in 1961 (House Bill 137, 57th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Business Corporations Act, Article 3.03 and Vernon's Ann. Civ. St., Article 1396-9.04)

Arrangement: Roughly chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
The index to corporate charters, 1871-1904, can be useful in locating a given corporation's entry, by discovering the date of filing.

Gaps? None have been found prior to February 1899 or after May 1901.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This series is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
Volumes concerning problems with corporate charters are unique and fascinating, providing documentation for an important function of the Secretary of State in regards to corporate charters, albeit for only a three-year span. In general, the Secretary of State's function in the filing of corporate charters is very poorly documented. These volumes concerning problems are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Reports on corporations

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Yes

Ongoing record series? No

Archival holdings:
Reports on corporations, 1914, 0.08 cubic ft.

Description:
This series consists of one volume containing copies of reports filed by Texas corporations with the Secretary of State, Volume 20 (U-Z), January 1-February 1, 1914. Information given in each report includes the following: the name of the corporation; amount of authorized capital stock; amount of stock issued and outstanding; amount of surplus and undivided profits; names and addresses of all officers, and of all directors; the amount of bonded, mortgaged or other indebtedness of the corporation; and the amounts of the last annual, semi-annual or quarterly dividend.

Purpose:
Reports on corporations were created to serve as an official summary record of the financial status of each corporation in Texas that was required to pay the franchise tax.

Agency Program:
In 1913, a law was passed requiring all corporations that had to pay the franchise tax to file an annual report with the Secretary of State, giving the following information: amount of authorized capital stock, capital stock issued and outstanding, surplus and undivided profits of the corporation, names and addresses of all officers and directors, amount of mortgages, amount of bonded or other indebtedness, and amount of last dividend paid. (House Bill 578, 33rd Legislature, Regular Session).

Arrangement: Alphabetical by name of corporation (U thru Z)

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? Volumes 1-19 (A-T). Also none prior to January 1 or after February 1, 1914.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. These reports contain lists of corporate charters filed. Reports for 1879 through 1920 report the following (going back to 1871): name of corporation (listed alphabetically), purpose, place of business, authorized capital stock, number of shares, date of filing, and term of existence.

Series data from agency schedule:
This series is not on the agency's schedule, nor is there any equivalent on the State Records Retention Schedule.

Appraisal Decision:
In general, the Secretary of State's function in the filing of corporate charters is very poorly documented. This volume of reports on corporations is so detailed that it approaches the informational value of the actual charters themselves, which are missing for 1914 (and for most other years). The main problem with this volume as corporate documentation is its extremely limited focus (only two months of one year, and only the letters U-Z; or one volume out of 20 for that time period alone). Therefore it is important mainly as a example (unless the rest of the set is found, which I think is highly unlikely). For that reason alone, however, I believe it to be an archival record, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain it.

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Record Series Review
Series Title: Trademarks

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Trademarks, 1895-1927, 0.67 cubic ft.

Description:
This series consists of alphabetical listings of trademarks registered with the Secretary of State, dating 1895-1927. The information given in the listings includes the name of the product (the trademark), the company, the town or city, and the date registered. For example:

"Dr. Pepper's Vanilla" by Potts Baking Powder Co., Waco, TX, March 27, 1901
"Dallas Shillaheh," Ayer Bros., Dallas, TX, January 7, 1902
"Diamond H.P.," Diamond Mills, August 7, 1902
"Delicious," Stout Bros. Nurseries and Orchard Company, St. Louis, MO, April 13, 1903

These listings are in two formats: loose files, 1895-1918, and bound volumes, one 1919-1927, and one 1895-1918 and 1925.

Purpose:
Trademark files are created to register trademarks as required by law.

Agency Program:
In 1895, a law was passed "to protect persons, associations, private corporations, and unions of working men, incorporated or unincorporated, in their labels, trademarks, designs, devices, imprints, and forms of advertising and names" (House Bill 47, 24th Legislature, Regular Session). This law required the Secretary of State to receive filings of such trademarks. An earlier trademark law (Senate Bill 238, 23rd Legislature, Regular Session, 1893) had required the registration with county clerks of all "brands, trade marks, etc. of boxes, fountains, syphons, bottles, or other receptacles of carbonated goods" including medicines. The Corporations Section of the Secretary of State's Office reviews and files trademarks and service marks under the Texas trademark statute.

(V.T.C.A., Business and Commerce Code, Chapter 16, especially Section 16.11)

Arrangement: Chronological by groups of years (1895-1918 and 1919-1927), then roughly alphabetical by trademark, then roughly chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room, but it simply gives box numbers.

Gaps? No trademark records are in the Archives and Information Services Division of the Texas State Library and Archives Commission since 1927.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for related series:
Abandoned trademark files, n.d. (approved October 18, 1988 and October 4, 1991); and
Trademark refunds, 1978-1980 (approved October 15, 1990).

Publications based on records: None

Series data from agency schedule:
Title: Trademarks
Series item number: --
Agency item number: 1008
Archival code: None
Retention: Until filmed

Agency item number: 1009 [microfilm]
Archival code: None
Retention: PM

Appraisal Decision:
Trademark files document a unique function of the office of the Secretary of State, providing a glimpse into the commercial life of the state during a third of a century. They have considerable practical use for historical preservationists seeking to identify specific trademarks on artifacts. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Antitrust affidavits

Agency: Secretary of State, Statutory Filings Division, Corporations Section

Obsolete record series? Yes

Ongoing record series? No

Archival holdings:
Antitrust affidavits, 1900-1902 (bulk 1902), 0.20 cubic ft.

Description:
This series consists of affidavits filed with the Secretary of State by corporations doing business in the State of Texas, swearing that the corporation is not a monopoly, and has not engaged in monopolistic activities; they are dated 1900-1902 (the bulk of them 1902). Information provided on these affidavits included the name of the corporate president, secretary, treasurer, or director swearing the affidavit; his title; the county; the name of the corporation; the date of incorporation; under which government's laws the company was incorporated; and the signature and date signed.

Purpose:
Antitrust affidavits were created to comply with the Texas law that briefly required corporations to declare that they were not engaging in monopolistic practices.

Agency Program:
The first state anti-trust bill in Texas was passed in 1899 (Senate bill 323, 26th Legislature, Regular Session). It required officers of corporations doing business in Texas to file an affidavit with the Secretary of State, swearing that the corporation had not engaged in monopolistic activities since January 31, 1900. Monopolistic arrangements were defined as being "a member of or a party to any pool, trust, agreement, combination, confederation or understanding, with any other corporation, partnership, individual, or any other person, or association of persons" to engage in monopoly. Such a "trust or monopoly in restraint of trade" would have as its purpose "to limit or fix the price, or lessen the production and sale of any article of commerce, use or consumption, or to prevent, restrict, or diminish the manufacture or output of any such article." The products involved included "any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever, or the price or premium to be paid for insuring property against loss or damage." The requirement for the antitrust affidavit was repealed in 1903 (House Bill 457, 28th Legislature, Regular Session).

(V.T.C.A., Business and Commerce Code, Chapter 15)

Arrangement: Alphabetical by name of corporation

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this or for related series.

Publications based on records: None

Series data from agency schedule:
This series is obsolete, because the function has been abolished.

Appraisal Decision:
The text of the antitrust affidavit is provided in the enabling legislation. Lists of corporations are found in the biennial reports. To preserve statements of corporations who swear that they are not monopolies is like preserving statements of politicians who swear that they are not corrupt. However, these affidavits do provide one thing not readily available elsewhere: the name of the corporate officer filing the affidavit. And although the date of incorporation is available for domestic corporations in several series described in this report (indexes to corporate charters, number indexes to domestic corporations), it is not readily available for foreign corporations, some of which are found among the affidavits. For these two reasons only, I believe that antitrust affidavits are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Franchise tax statements returned

Agency: Secretary of State, Franchise Tax Division [now defunct]

Obsolete record series? Unknown; there may be an equivalent series in the records of the Comptroller, who assumed the functions of collecting the franchise tax.

Archival holdings:
Franchise tax statements returned, 1894-1899, 3.88 cubic ft.

Description:
This series consists of franchise tax statements returned (mostly unopened) by the postal service to the Secretary of State, 1894-1899. They were undeliverable either because the sender refused them, or because the corporation had moved without leaving a forwarding address. These statements were mailed to corporations who had not paid their franchise tax by March 1 of each year, to remind them of their legal obligations and to inform them of the consequences. These statements contain the following information: the name and post office address (mostly town or city) of the corporation owing the $10 annual franchise tax, a date due and payable, and extracts from the law of 1893 (Chapter 102).

Purpose:
Franchise tax statements were created to remind corporations of their legal obligations in paying the franchise tax, and to inform them of the consequences of not doing so, or of doing so late.

Agency Program:
Franchise taxes were created in 1893 by House Bill 295, 23rd Legislature, Regular Session. Every domestic corporation chartered under the laws of the State of Texas, and every foreign corporation receiving a permit to do business under the laws of the State of Texas, was required to pay an annual franchise tax of $10, or otherwise forfeit their charter. Besides collecting the franchise tax, the Secretary of State was required to do three things:

  • to inform all corporations of the tax due on or before March 1 of every year,
  • to publish, within 30 days after May 1, a list of charters to be forfeited, and
  • to allow corporations to pay the delinquent tax (plus a $5 late penalty) within 60 days of that publication, to avoid forfeiting their charter.

The following corporations were exempt from the tax: those organized for the purpose of religious worship, for holding places of burial not for private profit, for school purposes, or for purely public charity.

Sometime before 1950 the office of the Secretary of State had created a Franchise Tax Division to deal with the collection of the franchise tax and associated other duties. In 1967, the legislature transferred the duties of collecting the franchise tax from the Secretary of State to the Comptroller (House Bill 162, 60th Legislature, Regular Session). The Secretary of State still has the duty of declaring forfeit the charters of delinquent corporations.

(V.T.C.A., Tax Code, Sections 171.309 thru 171.315)

Arrangement: No apparent order

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps?
The State Archives is missing 1900-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this or for related series:

Requests for destruction initiated by State Archives (i.e., de-accessioned):
Correspondence concerning corporations' franchise tax, requesting publications, and general, 1900-1932, 300 cubic ft. (approved March 6, 1969); and
Franchise tax receipts, 1904, 1908, 1912, 1927, 1930, 4.5 cubic ft. (approved December 15, 1972).

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office, 1894-1920. These reports contain lists of corporations (both domestic and foreign) that had forfeited their charters/permits for non-payment of the franchise tax.

Series data from agency schedule:
This function was transferred to the Comptroller. It is unknown at this time if there is an equivalent series in the Comptroller's records retention schedule.

Appraisal Decision:
This series of records does not consist of all the franchise tax statements mailed by the Secretary of State during this six-year period, but only those that were returned by the postal service. They were undeliverable either because the addressee refused them, or because the corporation had moved without leaving a forwarding address. It seems to me that there were an unusually large number of such statements returned; this is probably a reflection of the severe economic depression that plagued those years of the mid-1890s. However, that impression is merely speculative. These records are an accidental or forgotten accumulation; they are not the result of sampling, even unconsciously. The lists published in the Secretary of State's biennial reports, of corporations that had forfeited their charters for non-payment of the franchise tax, give the researcher more reliable data about economic conditions during this depression. For all of these reasons, these records are not archival; the Archives and Information Services Division of the Texas State Library and Archives Commission will de-accession them.

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Record Series Review
Series Title: Franchise tax receipts

Agency: Secretary of State, Franchise Tax Division [now defunct]

Obsolete record series? Unknown; there may be an equivalent series in the records of the Comptroller, who assumed the functions of collecting the franchise tax.

Archival holdings:
Franchise tax receipts, 1904, 1908, 1912-1917, 1929-1930 (bulk 1912), 6.11 cubic ft.

Description:
This series consists of franchise tax receipts (and other receipts) issued by the Secretary of State's office, plus accompanying correspondence, dating 1904, 1908, 1912-1917, and 1929-1930 (the bulk 1912). Most of the receipts were issued on forms containing the following information:

  • at the top of the form: for whom remitted, post office address, and receipt number;
  • at the bottom of the form: name of remitter, post office address, and date;
  • the amount of money received, entered under one of the following headings: domestic franchise, foreign franchise, domestic charters, foreign permits, executive warrants, fines and remissions, copies and certificates, laws, commissions;
  • the amount of money once again, entered under one of the following headings: cash, express and P.O. money order, personal checks, cashier checks, drafts, amount received, amount returned, exchange.

The vast majority of these receipts were issued for franchise taxes, but they also include payments of other fees, as indicated above. Also accompanying the receipts are incoming letters, and sometimes copies of outgoing letters. The files for 1930 are almost entirely cover letters for franchise tax reports or for the franchise tax itself.

Purpose:
Franchise tax receipts were created to document the payment of the franchise tax by corporations, as required by law.

Agency Program:
Franchise taxes were created in 1893 by House Bill 295, 23rd Legislature, Regular Session. Every domestic corporation chartered under the laws of the State of Texas, and every foreign corporation receiving a permit to do business under the laws of the State of Texas, was required to pay an annual franchise tax of $10, or otherwise forfeit their charter. Besides collecting the franchise tax, the Secretary of State was required to do three things:

  • to inform all corporations of the tax due on or before March 1 of every year,
  • to publish, within 30 days after May 1, a list of charters to be forfeited, and
  • to allow corporations to pay the delinquent tax (plus a $5 late penalty) within 60 days of that publication, to avoid forfeiting their charter.

The following corporations were exempt from the tax: those organized for the purpose of religious worship, for holding places of burial not for private profit, for school purposes, or for purely public charity.

Sometime before 1950 the office of the Secretary of State had created a Franchise Tax Division to deal with the collection of the franchise tax and associated other duties. In 1967, the legislature transferred the duties of collecting the franchise tax from the Secretary of State to the Comptroller (House Bill 162, 60th Legislature, Regular Session). The Secretary of State still has the duty of declaring forfeit the charters of delinquent corporations.

(V.T.C.A., Tax Code, Sections 171.309 thru 171.315)

Arrangement: Roughly chronological by groups of years, then roughly alphabetical by name of corporation

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps?
1893-1903, 1905-1907, 1909-1911, 1918-1928, 1931-1967.
Also 1967-[ongoing] (This function was transferred to the Comptroller in 1967.)

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this or for related series:

Requests for destruction initiated by State Archives (i.e., de-accessioned):
Correspondence concerning corporations' franchise tax, requesting publications, and general, 1900-1932, 300 cubic ft. (approved March 6, 1969); and
Franchise tax receipts, 1904, 1908, 1912, 1927, 1930, 4.5 cubic ft. (approved December 15, 1972). [It is unclear as to whether these were duplicates of receipts described in this Record Series Review, or what; documentation of the destruction is sparse.]

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office, 1894-1920 and 1932-1934. These reports contain financial statements for the Department of State which give the total receipts of franchise taxes for each year. These statements also list the total receipts of each other type of fee (e.g. domestic charters, foreign permits, executive warrants, fines and remissions, copies, laws, commissions, etc.). The same biennial reports also contain lists of corporations (both domestic and foreign) that had forfeited their charters/permits for non-payment of the franchise tax.

Series data from agency schedule:
This function was transferred to the Comptroller. It is unknown at this time if there is an equivalent series in the Comptroller's records retention schedule.

Appraisal Decision:
The franchise tax was a flat sum, and the biennial reports list all chartered corporations in Texas, plus those which forfeited their charters for non-payment of the franchise tax, plus annual totals of receipts of the franchise tax. Therefore I can see no substantive information really gained by the retention of franchise tax receipts (or frankly for most other receipts). These records are not archival; the Archives and Information Services Division of the Texas State Library and Archives Commission will de-accession them.

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Record Series Review
Series Title: Executive clemency - Applications for pardons

Agency: Secretary of State, Parole Division [now defunct]

Obsolete record series? Unknown; this function was taken over by the Board of Pardons and Paroles, which may maintain some equivalent series.

Archival holdings:
Executive clemency - Applications for pardons, 1848-1918, 1932-1935 (bulk 1880-1900), 72.03 cubic ft.

Description:
This series contains applications for pardons, and also applications for other forms of executive clemency, including commutation of sentence, citizenship restoration, or remission of fines and forfeitures. All requests were organized as individual case files. Dates covered are 1848-1918 and 1932-1935 (the bulk of the records dating 1880-1900). Types of records found in the applications include correspondence, petitions, and court records such as indictments and transcripts. Occasionally, there are actual proclamations from the governor granting a pardon or restoring citizenship. The correspondence and petitions asking for clemency usually came from the citizens of the convict's home area, and many times even the judge and/or jury who sentenced the convict signed a petition. Some case files include certificates of prison conduct which are the records of prison behavior used by the governor to evaluate a clemency request. A certificate lists the name of the convict, the crime, and the sentence being served and also provides personal information such as physical description, race, marital status, education, and occupation.

Related Secretary of State series are Registers of applications for pardons, Governor's clemency proclamations, and Indexes to clemency proclamations.

Related records of the Department of Criminal Justice include Conduct registers and Convict record ledgers. Conduct registers provide the date a proclamation was signed, usually the Governor who issued it, and often the proclamation number; Convict record ledgers provide physical descriptions of inmates, occupations, dates and reasons for incarceration.

Purpose:
Applications for pardons were created to request executive clemency from the Governor, and were maintained by the office of the Secretary of State to document the reasons for such clemency.

Agency Program:
The Texas Constitution of 1845, Article V, Section 11, stated that "in all criminal cases, except those of treason [in which Senate approval was required] and impeachment, the Governor shall have power after conviction, to grant reprieves and pardons; and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures." Subsequent Constitutions in 1861 and 1866 repeated this charge. The only significant modification prescribed in the Constitutions of 1869 and 1876 was the requirement that the Governor file, in the office of the Secretary of State, his reasons for granting executive clemency. Prior to this, most clemency records were kept by the governor's office and consist only of a proclamation by the governor. Later, these records were transferred over to the Secretary of State's office.

In 1893, the Board of Pardon Advisors was created to assist the governor (Senate Bill 19, 23rd Legislature, Regular Session). The name was changed in 1929 to Board of Pardons and Paroles (Senate Bill 1, 41st Legislature, 1st Called Session).

(Texas Constitution, Article IV, Section 11; and V.T.C.A., Code of Criminal Procedure, Article 48.01)

Arrangement: Alphabetical by name of the applicant

Access Constraints:
In the past, archival review has been required prior to use, due to personal privacy concerns. Long-time reference staff have confirmed that they have never found anything in the files to merit restriction based on confidentiality. Perhaps this restriction needs to be reconsidered given its vagueness and the age of the records. The only justification for exemption from disclosure under the Public Information Act would be that "information is excepted from the requirements of Section 552.021 if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision." (V.T.C.A., Government Code, Section 552.101).

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is an alphabetical index card file in the State Archives search room.

Gaps? 1846-1847, 1919-1931, 1936-[end of function]

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This function was transferred to the Board of Pardons and Paroles. I briefly reviewed the records retention schedule of the Pardons and Paroles Division of the Department of Criminal Justice, but could find no equivalent series.

Appraisal Decision:
Applications for pardons document in considerable detail one important aspect of executive clemency: the front end of the process. Researchers regularly request these files for their biographical, historical, and genealogical information. The existence of a name index makes them very accessible. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

Since no justification can be found in the Public Information Act for the previous State Archives' practice of restricting these records, that restriction is hereby lifted. These applications for pardons are opened to public scrutiny without review.

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Record Series Review
Series Title: Registers of applications for pardons

Agency: Secretary of State, Parole Division [now defunct]

Obsolete record series? Unknown; this function was taken over by the Board of Pardons and Paroles, which may maintain some equivalent series of indexes and/or logs.

Archival holdings:
Registers of applications for pardons, 1887-1891, 1915-1940, 2.68 cubic ft.

Description:
This series consists of six volumes, all maintained by the office of the Secretary of State, which are registers of applications for pardons, dating 1887-1891 and 1915-1940. Information included in these pardon registers includes number, name, county, offense, and punishment; each register is followed by an alphabetical index, which includes name, number, conviction date, and final action (including date of such). Thus a researcher can get from the name and the pardon information (in the second part of each register) to the conviction information (in the first part of each register). There are over 47,600 pardon applications documented in these registers.

Related Secretary of State series are Applications for pardons, Governor's clemency proclamations, and Indexes to clemency proclamations.

Purpose:
Pardon registers were created to keep track of pardon applications, and the indexes provided with each register serve to provide access to the applications, matching up the applicant's name with a number. The registers/indexes also give very basic information about each convict applying for a pardon, including name, county, offense, punishment, conviction date, and final action (including date of such).

Agency Program:
The Texas Constitution of 1845, Article V, Section 11, stated that "in all criminal cases, except those of treason [in which Senate approval was required] and impeachment, the Governor shall have power after conviction, to grant reprieves and pardons; and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures." Subsequent Constitutions in 1861 and 1866 repeated this charge. The only significant modification prescribed in the Constitutions of 1869 and 1876 was the requirement that the Governor file, in the office of the Secretary of State, his reasons for granting executive clemency. Prior to this, most clemency records were kept by the governor's office and consist only of a proclamation by the governor. Later, these records were transferred over to the Secretary of State's office.

In 1893, the Board of Pardon Advisors was created to assist the governor (Senate Bill 19, 23rd Legislature, Regular Session). The name was changed in 1929 to Board of Pardons and Paroles (Senate Bill 1, 41st Legislature, 1st Called Session).

(Texas Constitution, Article IV, Section 11; and V.T.C.A., Code of Criminal Procedure, Article 48.01)

Arrangement:
Numerical by pardon (?) number (which is also chronological). Each register contains an alphabetical index.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
Each register contains an alphabetical index.

Gaps? 1846-1886, 1892-1914, 1941-[end of function]

Problems: None

Known related records in other agencies:
Board of Pardon Advisors, Pardon books, 1898-1917 and 1926-1930, 2.03 cubic ft., are in the holdings of the Archives and Information Services Division of the Texas State Library and Archives Commission (1990/134-1 thru 5). These volumes give case number, convict's name, when sentenced, term of sentence, offense, county, date the petition was received, the action of the Board, and the action requested or taken by the Governor.

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This function was transferred to the Board of Pardons and Paroles. I briefly reviewed the records retention schedule of the Pardons and Paroles Division of the Department of Criminal Justice, and found the following possibly equivalent series, which is marked restricted:

Title: Case logs
Series item number: --
Agency item number: 08.08.02
Archival code: None
Retention: US + 3

Appraisal Decision:
Registers of applications for pardons complement and supplement the previous series, Applications for pardons. Together they document several important aspects of executive clemency (the crime and conviction, the application for pardon, and the governor's action on that application). The registers have considerable biographical, historical, and genealogical value. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Governor's clemency proclamations

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section [formerly in now defunct Parole Division]

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Governor's clemency proclamations, 1846-1995, 14.71 cubic ft.:

Executive clemency - Pardon proclamations, 1846-1988, 14.47 cubic ft. (Microfilm: 1.53 cubic ft.)
Clemency proclamations, 1988-1995, 0.24 cubic ft. (1996/014-1)

Description:
These records are pardon proclamations, dating 1846-1995. Proclamations usually give some or all of the following types of information: the proclamation number, the name of the pardoned individual, when convicted, where, the court, the crime, the punishment, length of sentence served, who recommends executive clemency, any conditions on the pardon, date of pardon, and the signatures of the governor and the clerk. Standardized proclamation forms came into use in the 1880s and were used in all of the ledger volumes. The format has changed over the years but the basic information is found in the pardons and paroles issued by the governor and since 1936 by the Board of Pardons and Paroles. The proclamations in this series are the official record copy kept by the Secretary of State. The proclamations are in ledger books from 1846-1913. From 1913 to 1988 the proclamations are on 16 mm microfilm. From 1988 to 1995 the State Archives Division retains the paper copy of pardon proclamations.

Related Secretary of State series are Applications for pardons, Registers of applications for pardons, and Indexes to clemency proclamations. Another related series is the Board of Pardons and Paroles series, Board of Pardon Advisors pardon books.

Purpose:
Clemency proclamations are created to serve as the official record of the granting of various kinds of executive clemency, including full pardon and restoration of full civil rights of citizenship, conditional pardon, remission of fines, medical emergency reprieve, commutation of a prison sentence, or (conversely) revocation of a conditional pardon.

Agency Program:
The Texas Constitution of 1845, Article V, Section 11, stated that "in all criminal cases, except those of treason [in which Senate approval was required] and impeachment, the Governor shall have power after conviction, to grant reprieves and pardons; and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures." Subsequent Constitutions in 1861 and 1866 repeated this charge. The only significant modification prescribed in the Constitutions of 1869 and 1876 was the requirement that the Governor file, in the office of the Secretary of State, his reasons for granting executive clemency.

In 1893, the Board of Pardon Advisors was created to assist the governor (Senate Bill 19, 23rd Legislature, Regular Session). The name was changed in 1929 to Board of Pardons and Paroles (Senate Bill 1, 41st Legislature, 1st Called Session). Beginning in 1936 (Senate Joint Resolution 26, 44th Legislature, Regular Session) the governor must have the written signed recommendation and advice of a majority of the Board of Pardons and Paroles to grant pardons, reprieves, and commutations of punishments, and to remit fines and forfeitures. In 1989 the Board of Pardons and Paroles was placed under the newly created Department of Criminal Justice (House Bill 2335, 71st Legislature, Regular Session).

(Texas Constitution, Article IV, Section 11; and V.T.C.A., Code of Criminal Procedure, Article 48.01)

One of the constitutional duties of the Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including proclamations. The Statutory Documents Section in the Office of the Secretary of State maintains the record copy of proclamations from the governor.

(Texas Constitution, Article IV, Section 21)

Arrangement: Numerical by proclamation number, which is also chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There are five volumes and four boxes containing indexes to clemency proclamations, dating 1846-1966. These are described in more detail in the record series review for Indexes to clemency proclamations.

Gaps?
The State Archives is missing 1996-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series. (The Texas State Library and Archives Commission initiated all of these requests for destruction (i.e., they were all de-accessioned):

Governor's clemency proclamations:

vols. 26-40, 1936-1943 (1960/023);
vols. 311-342, n.d. (unassigned);
vols. 343-362, 1936-1944 (1960/025);
vols. 363-389, 1944-1950 (1962/001);
vols. 390-404, 1950-1954 (1965/034);
vols. 426-465, 1960-1965 (1968/053)

(all approved November 30, 1967).

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office, 1870-1920. From 1870-1882, names of individuals receiving pardons are listed along with county, crime, sentence, date of sentence, and date of pardon; in 1870, the reason for pardon or remission is also given. After 1882, the reports include only statistics, the total numbers of pardons and other types of clemency.

Series data from agency schedule:
Title: Proclamations, Governor's Clemency
Series item number: --
Agency item number: 15.20
Archival code: A
Retention: 3 months

Appraisal Decision:
Governor's clemency proclamations are the official record copy of this important type of documentation. They are frequently requested (the older ones by historians, biographers, and genealogists; the more recent ones by the individuals who have received the pardon or by persons acting on their behalf). In other words, they have informational value, but also legal value as proof that clemency was granted. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Indexes to clemency proclamations

Agency: Secretary of State, Parole Division [now defunct]

Obsolete record series? No; unless the Secretary of State's alphabetical card index to Governor's proclamations does not include clemency proclamations.

Ongoing record series? Yes; unless the Secretary of State's alphabetical card index to Governor's proclamations does not include clemency proclamations.
Annual accumulation: fractional

Archival holdings:
Indexes to clemency proclamations, 1846-1966, 3.96 cubic ft.:

General indexes to pardons and remissions of fines, 1846-1945, 1.08 cubic ft.;
General indexes to paroles, remissions, and commutations, 1945-1954, 1 cubic ft.;
Indexes to Governor's [clemency] proclamations on microfilm, 1913-1966, 1.88 cubic ft.

Description:
This series consists of five volumes and four boxes containing indexes to clemency proclamations, dating 1846-1966, maintained by the office of the Secretary of State.

Three volumes are general indexes to pardons and remissions of fines, dating 1846-1945. The information included in these indexes includes the following: number of pardon, name of convict, county of conviction, date pardoned, book, and page. Columns for pardon number are blank until about 1913; book and page are left blank after Book 321 (1923).

There are also two alphabetical indexes to paroles, remissions, and commutations, 1945-1954, providing name, date, proclamation number, and county of conviction (1994/133-1 and 2).

Finally, there are four boxes of unbound indexes to Governor's [clemency] proclamations on microfilm, 1913-1966, which give only name and number.

Related Secretary of State series are Applications for pardons, Registers of applications for pardons, and Governor's clemency proclamations.

Purpose:
General indexes to pardons and remissions of fines were created to provide general access to pardon proclamations (giving either book and page numbers, or pardon number, or both). The indexes also give very basic information about each convict pardoned, including county of conviction and date pardoned.

Agency Program:
The Texas Constitution of 1845, Article V, Section 11, stated that "in all criminal cases, except those of treason [in which Senate approval was required] and impeachment, the Governor shall have power after conviction, to grant reprieves and pardons; and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures." Subsequent Constitutions in 1861 and 1866 repeated this charge. The only significant modification prescribed in the Constitutions of 1869 and 1876 was the requirement that the Governor file, in the office of the Secretary of State, his reasons for granting executive clemency.

In 1893, the Board of Pardon Advisors was created to assist the governor (Senate Bill 19, 23rd Legislature, Regular Session). The name was changed in 1929 to Board of Pardons and Paroles (Senate Bill 1, 41st Legislature, 1st Called Session). Beginning in 1936 (Senate Joint Resolution 26, 44th Legislature, Regular Session) the governor must have the written signed recommendation and advice of a majority of the Board of Pardons and Paroles to grant pardons, reprieves, and commutations of punishments, and to remit fines and forfeitures. In 1989 the Board of Pardons and Paroles was placed under the newly created Department of Criminal Justice (House Bill 2335, 71st Legislature, Regular Session).

(Texas Constitution, Article IV, Section 11; and V.T.C.A., Code of Criminal Procedure, Article 48.01)

One of the constitutional duties of the Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including proclamations. The Statutory Documents Section in the Office of the Secretary of State maintains the record copy of proclamations from the governor.

(Texas Constitution, Article IV, Section 21)

Arrangement:
Alphabetical by first letter of last name of pardoned convicts, and therein numerical (which is also chronological).

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
These records are indexes.

Gaps?
The State Archives is missing 1967-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and the following were found for this series or for equivalent or related series. (The Texas State Library and Archives Commission initiated all of these requests for destruction (i.e., they were all de-accessioned):
Indexes to Executive clemency records and pardon proclamations, 1909-1919, fractional [duplicated by the union index] (approved July 6, 1988).

Publications based on records: None

Series data from agency schedule:
Title: Proclamations, Governor's: Alphabetical Card Index
Series item number: 1.2.013
Agency item number: 15.30
Archival code: None
Retention: PM

Agency item number: 15.30-M [microfilm]
Archival code: None
Retention: PM

Appraisal Decision:
Indexes to clemency proclamations provide vital access to another series, Governor's clemency proclamations, which are the official record copy. Those proclamations are frequently requested (the older ones by historians, biographers, and genealogists; the more recent ones by the individuals who have received the pardon or by persons acting on their behalf). The indexes are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Reward records

Agency: Secretary of State, Parole Division [now defunct]

Obsolete record series? Unknown; the Secretary of State apparently no longer handles this function.

Archival holdings:
Reward records, 1856-1942, 9.85 cubic ft.:

Reward applications, 1856-1936 (bulk 1875-1915), 6.58 cubic ft.
Index to rewards for criminals, 1868-1873, 0.03 cubic ft.
Executive record books: Reward proclamations, 1883-1938, 2.46 cubic ft. microfilm: 0.03 cubic ft. (reels 3483, 3484, 3491)
Reward proclamations, 1937-1942, 0.24 cubic ft.
Requisitions and warrants, 1883-1915, 0.54 cubic ft. [also contain rewards]

Description:
These records consist of applications requesting that a reward be issued, and also reward proclamations issued by the governor. Dates covered are 1856-1942 (the bulk covering 1875-1915). The Secretary of State maintained the reward records for the governor.

The application files, which date 1856-1936 (the bulk covering 1875-1915), usually consist of correspondence that gives details of the crime, in order to convince the governor to issue a reward. The correspondence came from sheriffs, judges, district attorneys, juries, relatives of the victim, and members of the community. An application might also contain a copy of an indictment by a jury or other legal documents. For each application, a form was filled out by the Secretary of State and the accompanying correspondence placed inside. This form included such vital information as name of the applicant, date of the request, name of the fugitive, the criminal offense, where and when the alleged crime occurred, the amount of reward, and the date of the reward offer. Reward proclamations are occasionally found in these files.

Reward proclamations issued by the governor date 1883-1942. The original proclamations were issued on printed forms with the following information: amount of reward, name of fugitive, criminal charge, county, date, and signature of governor. Copies of most of these proclamations are in four volumes of Executive Record Books kept by the Secretary of State, 1883-1938. The volumes have alphabetical indexes in the front. In addition, there are loose proclamations dating 1937-1942 (#950-985).

Related records, which were described and appraised in an earlier report, on Republic of Texas records of the Secretary of State, are: Extradition records, 1837-1940 (bulk 1875-1900), 57 cubic ft..

Also related are the following Adjutant General's records: State Police records, Reports of crimes, arrests, and fugitives, 1870-1873; and Frontier Battalion records, Lists of fugitives, 1865-(1875)1879, 1898-1899.

Also related are Department of Criminal Justice, Escape records, 1851-1943.

Purpose:
Reward records were created for two reasons. Private citizens made applications to receive rewards offered for the apprehension of fugitives from justice. Texas governors issued the actual proclamations of those rewards, to authorize payment of such.

Agency Program:
Rewards are offered by the governor of Texas to aid in the apprehension of accused criminals who are evading arrest. Authority for the governor to issue rewards was first granted by an act of the 1st Legislature, passed April 18, 1846. The authority was codified in 1965 by Senate Bill 107, 59th Legislature, Regular Session.

(V.T.C.A., Code of Criminal Procedure, Article 51.11)

Arrangement:
Reward application files are alphabetical by name of the criminal. Reward proclamations are chronological, which is also numerical.

Access Constraints: None

Use Constraints:
The Executive record books are too fragile for use, so researchers must use the microfilm for these.

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that lists reward application files alphabetically by the name of the criminal.

Gaps? 1846-1855 and 1943-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office, 1870-1920. The reports include statistics: the total numbers of reward proclamations, sometimes broken down by type of crime (e.g. murder/other crimes in 1870, or eight categories of crimes in 1896), as well as of extraditions, requisitions made on governors of other states, and warrants issued on requisitions from governors of other states. In addition, three reports (1878, 1881, and 1882) actually list the details on each reward: the name of the fugitive, the county, the charge, the condition of payment (e.g., "on delivery to sheriff of Concho county, inside jail door"), the amount, and the date offered.

Series data from agency schedule:
The function no longer belongs to the Secretary of State. It is unknown to whom the function was transferred, if to anyone.

Appraisal Decision:
Reward records help to document the important issues of crime and law enforcement in Texas over a period of nearly a century. They nicely complement and supplement the Adjutant General records we already hold on fugitives from justice, the Department of Criminal Justice records we hold on escapes, as well as our Secretary of State records on extraditions. Reward records are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Deeds, abstracts, and deeds of cession of jurisdiction

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Deeds of cession, 1848-1978, 9.12 cubic ft.:

Deeds, abstracts, and cessions of jurisdiction (state parks, state colleges, state eleemosynary institutions, river improvements, military posts, etc.), 1848-1920, 1934, 1.88 cubic ft.
Deeds of cession from State of Texas to federal government, 1900-1978 (bulk 1928-1959), 4 cubic ft.
Deeds relinquishing state title to abandoned rights-of-way, and conveying and reconveying state title, plus other miscellaneous files, 1948-1963, 3 cubic ft.
Card file index to deeds of cession, 1900-1978 (bulk 1928-1959), 0.05 cubic ft.
Register of deeds of cession, 1900-1959 (bulk 1928-1959), 0.19 cubic ft.

Description:
This series consists of deeds to property, title abstracts, deeds of cession of jurisdiction, and other documents which legally transfer title of property and jurisdiction between the state of Texas and other parties, including private individuals, corporations, local governments, and the federal government of the United States. These documents date 1848-1978. Deeds of cession files contain the following types of documents: cessions of jurisdiction, general and special warranty deeds, deeds of conveyance, quitclaims deeds, abstracts of title, certificates of title, correspondence, affidavits, statements, maps, plats, field notes, bonds (construction, repair work, plumbing), warrant receipts, certificates of deposit, resolutions, city ordinances, contracts, bids, specifications, transfers of deed of trust lien, releases of mechanics lien, writs of possession, copies of judgements, condemnation proceedings, attorney general opinion on validity of title, etc. Deeds are in three major groups: property deeded to the State of Texas, property deeded by the State of Texas, and cessions of jurisdiction by the State of Texas to the United States government. The state, as conveyor or assignee, is a party to all these deeds; the other party can be an individual or a group, including local governments or the federal government. Many 20th century files cede constitutional jurisdiction to the federal government while the state retains concurrent jurisdiction for civil and criminal process; these deeds of cession were usually executed by the governor and filed with the secretary of state. Files relinquishing state title to abandoned rights-of-way consist of correspondence, the deed being deposited with the Highway Department.

Purpose:
Deeds, abstracts, and deeds of cession of jurisdiction are created to accomplish the legal transfer of property and/or jurisdiction over property to or from the State of Texas.

Agency Program:
According to the terms of the Articles of Annexation, the State of Texas, "when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy-yards, docks, ... and all other property and means pertaining to the public defence belonging to the said Republic of Texas ... shall also retain all the vacant and unappropriated lands lying within its limits .... the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct." (Joint Resolution, March 1, 1845, 5 U.S. Stat. 797)

One of the constitutional duties of the Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including deeds of cession. The Statutory Documents Section in the Office of the Secretary of State maintains the record copy of the deeds of cession. (Texas Constitution, Article IV, Section 21)

Arrangement:
Arrangement is first by type of property transfer: transfers to the State of Texas of property for state historical parks and monuments, state colleges and universities, and state eleemosynary institutions; then from the State of Texas to the United States government for military posts, post offices, federal buildings, national parks, etc.; and finally from the State of Texas to private parties, corporations, and local governments. Arrangement of the first type of records (to the state) is roughly alphabetical within each type of state property, then chronological within a file. Arrangement of cessions of jurisdiction to the federal government is numerical (which is also roughly chronological): 63-1 thru 168. Arrangement of the last type (from the state to other parties) is numerical (which is also roughly chronological): 97-42, 112, 116, etc. to 1025 (interfiled with numerous other miscellaneous files).

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a card file index to deeds of cession, 1900-1978 (bulk 1928-1959), 0.05 cubic ft. This index contains the county or the name of the fort, post office, etc.; the file number (beginning with 63-xxx); a file date; and a detailed description of the document(s). Supplementing this alphabetical index is a chronological register of deeds of cession, 1900-1959 (bulk 1928-1959), 0.19 cubic ft., giving year (beginning in 1900), month and day (beginning in 1943), file number, site name, and county. Because it gives the 63-xxx number, the alphabetical card index is a better finding aid.

There are also finding aids in the State Archives search room that contain numerical lists of deeds of cession. One covers parts of about 35 pages, dating 1912-1963; the other is a 25-page folder inventory of deeds, abstracts, and cessions of jurisdiction, 1848-1920, 1934.

Gaps? 1846-1847.
The State Archives is missing 1979-[ongoing].

Problems:
The card file index for cessions of jurisdiction has not been well-publicized, resulting in much wasted labor in searching the confusing folder inventory.
Many of the documents are poor quality reproductions.
Maps need to be transferred and cataloged.

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Deeds of Cession
Series item number: --
Agency item number: 63
Archival code: A
Retention: 10

Appraisal Decision:
Deeds, abstracts, and deeds of cession of jurisdiction are official copies of vital state documents, necessary for the state to conduct business; they involve transfers of land to and from the State of Texas, and by the State of Texas to the federal government. This alone makes them archival. In addition, the variety of materials in these files adds to their informational value; they have frequently been requested, both for legal and for historical research. A recent example was their use by the U.S. Army Corps of Engineers in the attempt to clean up hazardous waste sites. The Archives and Information Services Division of the Texas State Library and Archives Commission should retain all of these records.

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Record Series Review
Series Title: City charters and amendments

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 0.24 to 0.47 cubic ft.

Archival holdings:
City charters and amendments, 1913-1994, 14.14 cubic ft.

Description:
These records consist of home rule city charters and amendments to city charters filed with the Secretary of State, 1913-1994. A typical city charter contains articles, chapters, and/or sections on the following: the city's name, boundaries, and powers; the city council and mayor; administrative organization; municipal court; elections; initiative, referendum, and recall; finance; taxation; franchise and public utility; general provisions; submission of the proposed charter to voters; etc. Correspondence to and from the office of the Secretary of State is included, as well as ordinances, resolutions, council minutes, court orders, city election returns, etc.

Purpose:
City charters are created to serve as the official record of the creation or incorporation of a city, defining its boundaries and its form of government. Amendments to city charters certify changes to the terms of those charters.

Agency Program:
In 1913, House Bill 13, 33rd Legislature, Regular Session, was approved, providing that each city with a population of more than 5,000 must file certified copies of charters and amendments to charters with the Secretary of State. The Secretary of State then issues certification and files the charters and amendments by date of receipt. Prior to the law of 1913, cities were chartered by the Texas Legislature; therefore earlier charters and amendments were entered into the statutes.

The Statutory Documents Section records the charters of home rule cities and files amendments of charters of incorporated towns and villages.

(V.T.C.A., Local Government Code, Sections 9.007-9.008)

Arrangement: Chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that consists of an alphabetical index of cities, prepared by the Secretary of State, indicating the volume location of city charters and amendments. Before 1913, a Roman numeral indicates the volume, and an Arabic numeral the page, where a charter may be found in the Laws of Texas. After 1913, the book and page numbers (all in Arabic numerals) refer to the location of charters and amendments filed with the Secretary of State.

Gaps?
The State Archives is missing 1995-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series. However, one was found for a related series (now Agency item number 14.00 on the Secretary of State's records retention schedule):
Municipal boundary listings, pre-1987 (approved March 8, 1991).

Publications based on records: None

Series data from agency schedule:
Title: City Charters
Series item number: --
Agency item number: 12.90
Archival code: A
Retention: 4

Agency item number: 12.90-M [microfilm]
Archival code: None
Retention: PM

Appraisal Decision:
City charters and amendments are the official record of the creation or incorporation of a city in Texas, and as such are frequently requested for legal purposes. In addition, they have considerable value in documenting the historical growth of urbanization and of municipal government in Texas. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

This series is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are marked as permanent, but not archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Railroad charters and related records

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 0.25 cubic ft.

Archival holdings:
Railroad charters and related records, 1876-1982, 7.6 cubic ft.:

Railroad charters and related records, 1876-1982, 6.46 cubic ft.
Railroad charters, 1906, 1914-1929, 1.14 cubic ft.

Description:
Records in this series consist of railroad charters and related documents filed with the Secretary of State, dating 1876-1982. The charters provide the following information: name of the proposed railroad corporation, location and distance of track, principal place of business, life span of the corporation, amount of capital stock, names and addresses of those forming the corporation and of the first board of directors, and the number and amounts of shares. The related documents include amendments to charters, minutes of meetings and resolutions from stockholders and boards of directors, deeds of sale or merger, and renewals or dissolutions of railroad corporations. The charters and related documents are contained in fourteen bound volumes (Books A-K), plus one box containing three expanding folders (Books L-N). Two additional volumes serve as indexes with an alphabetical listing of the railroads. The earlier volumes (pre-1920) are mostly handwritten copies of the charters with some typed copies and some original documents taped onto the pages. The later volumes are photostatic copies. Orders to register, exchange or cancel bonds, or to extend bond maturity dates are interfiled with the charters under the name of the individual railroads. This same legislation requiring bond registration also required that railroads submit statements on the value of all of their lines of railway, and railroad property, rights and franchises. These statements include the value of the land for transportation expenses, the right of way and depot grounds, track ties and steel rails, bridges, embankments, furniture and fixtures, depots and section houses, and engineering expenses. Some of these valuation reports are also filed in with the railroad charters. Most of the valuation reports in this series date from the 1920s and 1930s.

Related records in the holdings of the Texas State Library and Archives Commission include the records of the Railroad Commission (described in a separate finding aid), especially the annual reports of railroad companies. They also include the following Secretary of State series, described in another Record series review: Railroad contracts and conditional sales, 1901-1956, 21.55 cubic ft.

Purpose:
Railroad charters are created to define the purpose, location and organization of a proposed railroad corporation. Charters are approved and granted by the state and give the railroad the legal authority to operate as a corporation in Texas.

Agency Program:
Prior to 1876, each railroad in Texas was granted its charter by special act of the Legislature. The 15th Legislature then approved Senate Bill 144 on August 15, 1876, which required persons forming a railroad corporation to have their charters first approved by the Attorney General and then be certified by and filed with the Secretary of State. Another piece of legislation, Substitute House Bill 227 of the 23rd Legislature, passed April 8, 1893, required the registration of certificates of stocks and bonds issued by railroads with the Secretary of State, once authorization to issue had been granted by the Railroad Commission.

During the 1970s and early 1980s, the Corporations Section filed charters and amendments for railroads; the Statutory Documents Section now handles that function.

(Vernon's Ann. Civ. St., Article 6264)

Arrangement: Chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
Railroad index cards (Agency item number 15.90 and 15.90-M on the Secretary of State's records retention schedule) are retained permanently at the office of the Statutory Documents Section, both originals and microfilm.

Two volumes in the series itself serve as indexes, with an alphabetical listing of the railroads. There is also a finding aid in the State Archives search room that matches volumes to years.

Gaps?
The State Archives is missing 1983-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. Virtually every report between 1878 and 1920 contains lists of railroad charters and amendments.

Series data from agency schedule:
Title: Railroad Filings (Railroad Charters)
Series item number: --
Agency item number: 15.80
Archival code: A
Retention: 10

Agency item number: 15.80-M [microfilm]
Archival code: None
Retention: PM

Appraisal Decision:
Railroad charters and related records are the record copies of this important filing, which was (and is) used as the legal basis for the existence of railroad companies. In addition, these records have considerable value in documenting the historical growth of transportation in Texas. Historians and railroad aficionados have heavily used them over the years. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

This series is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are marked as permanent, but not archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Railroad contracts and conditional sales

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? Unknown; an equivalent series is not listed on the agency's records retention schedule, unless it is considered part of the "railroad filings."

Archival holdings:
Railroad contracts and conditional sales, 1901-1956, 21.55 cubic ft.:

Railroad contracts and conditional sales, 1901-1953, 21.55 cubic ft.
Railroad contracts and conditional sales, 1953-1956 [microfilm]

Description:
Records in this series consist of copies of "railroad contracts and conditional sales," for the lease or conditional sale of railroad cars and locomotives (what is normally referred to as "rolling stock"), filed with the Secretary of State, dating 1901-1956. These are bound in 43 volumes, plus one volume with a general index to volumes 3-15. The earlier volumes contain fair copies, both typed and handwritten; the later volumes contain printed copies and also negative photostatic copies of contracts. The types of contracts include agreements, leases of railroad equipment, leases/conditional sales agreements, first mortgages and deeds of trust, assumption agreements, releases of chattel mortgages, etc.

Related records in the holdings of the Texas State Library and Archives Commission include the following: records of the Railroad Commission (described in a separate finding aid); and the following records of the Comptroller of Public Accounts: Reports of Taxable Property of Railroads in Texas, 1873-1876, 1883-1890, 1899, .97 cubic ft.; and Certificates of Rolling Stock (Circular 30), 1892-1919, 2.43 cubic ft. Related records also include the Secretary of State series described in the Record series review for Railroad charters and related records, 1876-1982, 7.6 cubic ft.

Purpose:
Railroad contracts and conditional sales are created to accomplish the lease or conditional sale of rolling stock (locomotives and railroad cars) in Texas.

Agency Program:
In 1887 (Senate Bill 272, 20th Legislature, Regular Session), a law was passed to require railroad companies to furnish sufficient cars to transport freight when they agreed with private persons and corporations to do so. Certain penalties were laid out for failure to fulfil this requirement; this law was amended in 1899 and again in 1913.

I could find no stipulation that contracts to lease or sell railroad cars must be filed with the Secretary of State; but this was consistently done from sometime before 1901, and continued until at least 1956. The filing may have stemmed from the requirement for filing railroad charters with the Secretary of State (for which see the record series review on that series).

(Vernon's Ann. Civ. St., Article 6481)

Arrangement: Chronological by date of filing with the Office of the Secretary of State

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
One volume (2-1/149) is a general index to railroad contracts and conditional sales, covering volumes 3 through 15, 1909-1929. Volume 2 (which is the first volume extant in the series) contains a forward and reverse index of its own. The general index contains the following information: the names of both of the parties to the contract, sale, agreement, etc.; the volumes and pages numbers; and (beginning with entries for volume 12, 1925) dates (presumably of the filing of the contract).

Gaps?
Volume 1 (prior to November 1901), and
Volume 4 (between March 15, 1913 and December 16, 1915).
The State Archives is missing 1957-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Railroad Filings (Railroad Charters)
Series item number: --
Agency item number: 15.80
Archival code: A
Retention: 10

Agency item number: 15.80-M [microfilm]
Archival code: None
Retention: PM)

Appraisal Decision:
Railroad contracts and conditional sales are the record copies of this filing, which was probably used to document railroad companies' compliance with the requirement to provide sufficient rolling stock to haul freight. These records have research value to economic historians and railroad aficionados. I believe them to be archival records, and that the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Notary public records

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 2 cubic ft.

Archival holdings:
Notary public records, 1849-1979, 74.15 cubic ft.:

Notary public records, 1849-1933, 31.02 cubic ft.
Notary public card index, 1901, 1.88 cubic ft.
Notary public lists (published), 1934-1941, 3.29 cubic ft.
Notary public lists, 1941-1967, 16.3 cubic ft.
Notary public lists, 1967-1979, 21.66 cubic ft.

Description:
This series contains various records of notaries public in Texas, mostly official lists, but also including some certificates of qualification and related correspondence, dating 1849-1979.

The earlier records, dating 1849-1933, contain the most variety. These consist mainly of official lists of notaries, usually with post office addresses and dates of qualification, mostly provided by the secretary of state to the county clerks. There are also some certificates of qualification, lists of applicants/persons desiring to be made notaries public (e.g. 1925 and 1931), and a card index organized by county (1901). Some of the files contain related correspondence, particularly in the earlier years before standard forms were developed.

Those records covering the years 1934-1941 consist exclusively of softbound published lists of notaries organized by county, which are alphabetical lists with post office addresses and dates of qualification.

The remainder of the records consists of bound, typescript volumes constituting official lists of notaries, dating 1941-1979. The information in these lists includes the names of notaries commissioned in each county, with the inclusive dates of their commissions.

Related record series maintained by the Secretary of State include:
Notary applications (The State and Local Government Records Management Division of the Texas State Library and Archives Commission microfilms these records, and the microfilm is retained for 60 years).
Notary public bonds (The State and Local Government Records Management Division of the Texas State Library and Archives Commission microfilms these records, and the microfilm is retained for 60 years).
Notary public personal files (The State and Local Government Records Management Division of the Texas State Library and Archives Commission microfilms these records, and the microfilm is retained for four years after microfilming).
Notary files (The State and Local Government Records Management Division of the Texas State Library and Archives Commission microfilms these records, and the microfilm is retained permanently).
Notary public appointments and reappointments (The State and Local Government Records Management Division of the Texas State Library and Archives Commission microfilms these records, and the microfilm is retained permanently).
Notary public reference files (The State and Local Government Records Management Division of the Texas State Library and Archives Commission microfilms these records, and the microfilm is retained for 50 year).
Notary public cleared suspense files (The State and Local Government Records Management Division of the Texas State Library and Archives Commission microfilms these records, and the microfilm is retained permanently).

Purpose:
Notary public lists are created to serve as the official record of the commissioning of notaries public in Texas. The Archives and Information Services Division of the Texas State Library and Archives Commission receives frequent requests (most commonly from the Secretary of State's office) for confirmation of a specific notary's commission for a specific time period.

Agency Program:
The Constitution of 1845, Article V, Section 19, along with an act of the 1st Texas Legislature "defining the office and duties of Notaries Public" (approved May 13, 1846) provided for the Governor of Texas to appoint notaries public for specific counties, for terms of four years. As amended on March 5, 1863, the law required the Secretary of State to forward notary public commissions to the county clerk of the county in which the notary was commissioned. The Constitution of 1869 simply provided for justices of the peace to be "commissioned to act as notaries public." To implement Article IV, Section 26 of the 1876 Constitution, the 15th Legislature revoked all previous notary public commissions and rewrote the law regulating notaries (approved June 24, 1876). Among other changes, the new law required the Secretary of State to furnish to each county clerk a printed list of all notaries public in the state. In 1881 the term of a notary public was reduced to two years; in 1923, it was increased to six years; but in 1963 it was once again set at four years. The 46th Legislature, Regular Session (1939), by Senate Bill 262, transferred the power of appointing notaries from the Governor to the Secretary of State. The Notary Public Act of 1943 (Senate Bill 335, 48th Legislature, Regular Session) stated that "neither the county clerk nor the secretary of state shall be required to furnish lists of names of persons appointed before their qualification nor lists of unreasonable numbers of qualified notaries public." This provision was repealed in 1987 (House Bill 1512, 70th Legislature, Regular Session), but the following was added: "All records concerning the appointment and qualification of notaries public shall be kept in the office of the secretary of state. The records are public information."

(Texas Constitution, Article IV, Section 26, and V.T.C.A., Government Code, Chapter 406.)

Arrangement:
First chronological by year or group of years, then alphabetical by county.

Official lists are arranged chronologically by biennium or by year, and then alphabetically by county. Under each county is an alphabetical list of notaries commissioned in that county. The volumes for 1941-1975 represent biennia (extending from June 1 to June 1). The remainder of 1975 covers June 1 through December 31. Finally, from 1976-1979 the volumes cover periods of one calendar year (January 1-December 31).

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that matches years to boxes/volumes for 1849-1957, and years and counties to volumes for 1957-1979.

Gaps? 1846-1848.
The State Archives is missing 1980-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. The following reports contain lists of notaries appointed: 1870, 1872, and 1884.

Series data from agency schedule:
Title: Official List of Notaries Public
Series item number: --
Agency item number: 14.90
Archival code: A
Retention: 10

Appraisal Decision:
Notary public lists and other records document an important function of the Secretary of State's office, the appointment, qualification, and regulation of notaries public. Since notarized documents are valid only if the notary is properly authorized, the lists themselves have legal value. They are the objects of frequent reference requests, especially from the Secretary of State's office. The related records in the files have informational value as well, for the history of the notary public in Texas. For both legal and historical purposes, these are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Governor's proclamations

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 0.25 cubic ft.

Archival holdings:
Governor's proclamations, 1893-1910, 1947-1948, 1984-1991, 2.34 cubic ft.:

Quarantine proclamations by the Governor, 1893-1910, 0.24 cubic ft.
Governor's proclamations, 1947-1948, 0.1 cubic ft.
Governor's proclamations, 1984-1991, 2 cubic ft.

Description:
These records consist of copies of proclamations made by governors of Texas and filed with the secretary of state. Proclamations date from 1893-1910, 1947-1948, and 1984-1991. Pardon/executive clemency proclamations and reward proclamations are maintained as separate record series, and are appraised elsewhere in this report.

The proclamations dated 1893-1910 are all quarantine proclamations, either establishing and lifting health quarantines following the recommendations of the Livestock Sanitary Commission or the Public Health Officer. Also included in these files are several oaths of office for quarantine officers.

The proclamations dating 1947-1948 and 1984-1991 are more all-inclusive, and were issued by Governors Beauford Jester, Mark White and William P. Clements, Jr. These proclamations have original signatures of the governor and the secretary of state and the seal of the State of Texas. Subjects of the 1947-1948 proclamations include primarily the proclaiming of special commemorative time periods (e.g., United Service to China Month, American Brotherhood Week, Newspaperboy Day), as well as declaring quarantines and calling for elections, etc. Subjects of the 1984-1991 proclamations include such things as the following: calling special sessions for the legislature, ordering general and special elections, bestowing the honor of burial in the state cemetery, establishing speed limits on interstate highways in Texas, announcing animal health regulations, and designating as disaster areas those portions of the state in need of emergency assistance. Proclamations are numbered consecutively.

Earlier gubernatorial proclamations (among other things) are found in Executive record books, 1836-1917 (a record series already appraised as archival in the first Secretary of State appraisal report).

Purpose:
Governor's proclamations are created for a variety of purposes, including establishing or lifting health quarantines, declaring commemorative days/weeks/months, calling special sessions of the legislature, ordering elections, establishing highway speed limits, declaring disaster areas, authorizing burial in the state cemetery, etc.

Agency Program:
One of the constitutional duties of the Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including gubernatorial proclamations. The Statutory Documents Section in the Office of the Secretary of State maintains the record copy of the proclamations.

(Texas Constitution, Article IV, Section 21)

Arrangement:
Proclamations are numbered consecutively and arranged numerically, which is also chronologically.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
The Statutory Document Section permanently maintains an alphabetical card index to Governor's proclamations. This index is also permanently maintained on microfilm.

There is also a finding aid in the State Archives search room for the 1984-1991 proclamations, that includes a folder inventory.

Gaps? 1918-1946 and 1949-1983.
The State Archives is also missing 1992-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Selected gubernatorial proclamations have been published in the Texas Register since 1976.

Series data from agency schedule:
Title: Proclamations, Governor's Official
Series item number: --
Agency item number: 41
Archival code: A
Retention: 5

Agency item number: 41-M [microfilm]
Archival code: None
Retention: AC + 100

Appraisal Decision:
Governor's official proclamations are the official record copies of documents that often seem at first glance to be lightweight (such as the designation of special days, weeks, or months). But while they may not have earth-shattering impact, these proclamations are nevertheless significant in demonstrating the political, economic, social, and cultural concerns of the day. Therefore I believe them to be archival. The Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

This series is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are retained for 100 years, but are not coded as archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Official memoranda by the Secretary of State or Governor

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Official memoranda by the Secretary of State or Governor, 1983-1987, fractional

Description:
Official memoranda consist of seven "memos" issued by either the governor or the secretary of state, dating 1983-1987. These memoranda, akin to proclamations, accomplish the following: designating Voter Registration Months, Partners in Health Day, Hurricane Awareness Week, and Severe Weather Awareness Week; and ordering flags to be flown at half-mast following the attack on the U.S.S. Stark in the Persian Gulf.

Related records include the records of the various Governors of Texas.

Purpose:
Official memoranda by the Secretary of State or Governor, very much like proclamations, are created to designate special days, weeks, or months, or to order flags to be flown at half-mast.

Agency Program:
One of the constitutional duties of the Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including official memoranda. The Statutory Documents Section in the Office of the Secretary of State maintains the record copy of the official memoranda from the governor.

(Texas Constitution, Article IV, Section 21)

Arrangement: Chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
None necessary, although there is a finding aid in the State Archives search room.

Gaps? 1846-1982.
The State Archives is missing 1988-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Official Memorandum [sic] by the Secretary of State or Governor
Series item number: --
Agency item number: 193
Archival code: A
Retention: 10

Appraisal Decision:
Official memoranda by the Secretary of State or Governor (like Governor's proclamations) are the official record copies of documents that seem to be trivial (mostly the designation of special days, weeks, or months). But while they may not have earth-shattering impact, these proclamations are nevertheless significant in demonstrating the political, economic, social, and cultural concerns of the day. Therefore I believe them to be archival. The Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Governor's official commissions

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 1 cubic ft.

Archival holdings:
Governor's official commissions, 1872-1874, 1941-1961, 1985-1991, 8.27 cubic ft.:

Register of commissions, 1872-1874, 0.03 cubic ft.
Governor's appointments (confirmations by Senate), 1941-1961, 1 cubic ft.
Commissions, governor's appointments, 1951-1961, 0.24 cubic ft.
Governor's appointments, 1985-1991 (bulk 1987-1990), 7 cubic ft.

Description:
This series contains a variety of different kinds of records -- registers, lists, correspondence, oaths of office, and curriculum vitae -- related to gubernatorial appointments, resulting in commissions issued by the Secretary of State. The records date 1872-1874, 1941-1961, and 1985-1991.

There is a small register of commissions, dating 1872-1874, which gives the following information: number [of commission?], name, office, post office (town or city), county, date(s) commission was issued and/or mailed, and remarks. The Governor was Edmund J. Davis.

A set of files dating 1941-1961 consists of unsigned copies of formal correspondence between the governor and the senate, whereby the governor requests confirmation of appointments to positions of public trust, and the secretary of the senate reports back with the approvals and refusals of those nominations. Governors included Coke R. Stevenson, Beauford H. Jester, Allan Shivers, and Price Daniel.

A loose-leaf notebook dating 1947-1953 lists all appointments made by Governor Allan Shivers to all boards, commissions, committees, etc. under his authority. Each such board, etc. is described on a sheet including the following: name of board/commission/committee, number of members, qualifications, term, legal authority, nature of compensation, names and cities of each of the incumbents, dates appointed, dates confirmed, and dates their term expires, plus any additional pertinent information. Also included are occasional press memoranda concerning appointments.

A small notebook lists all honorary commissions (Honorary Texas Citizen, and Honorary Admiral in the Texas Navy) made by Governor Price Daniel between October 1958 and February 1961. This notebook gives date, name, and title.

The largest group of files, dating 1985-1991, includes correspondence, oaths of office, and curriculum vitae. This series consists of records of appointments made by governors of Texas and filed with the secretary of state. Appointments date from 1985-1991. The governor of Texas appoints the secretary of state, the adjutant general, executive directors of several state agencies, members of numerous state boards and commissions, ship pilots and pilot boards at ports, and regents of state universities. He also fills vacancies in district attorney offices and judgeships, and various other posts. A few of these gubernatorial appointments were made by Mark White in 1985-1986 or Anne Richards in 1991 but the bulk of these were made by William P. Clements, Jr., in 1987-1990. Correspondence is from the governor to the secretary of state announcing appointments and from the secretary of state to the appointees informing them of their status. The letters give the name of the appointee, the position, the length of the term, and offer congratulations. Along with the letter there is usually a vita sheet of biographical information on each nominee compiled by the governor's office.

A related series is Election registers (a.k.a. Appointment registers).

Also related are the records of all the governors of Texas, especially appointment files of the following recent governors:

  • Governor William Clements (at Texas A&M University), 1979-1983, arranged alphabetically by individual appointee and also by agency;
  • Governor Mark White, 1983-1987, which are arranged by agency name and contain letters of appointment and vitae; and
  • Governor Ann Richards (at the University of Texas at Austin), 1991-1995, arranged alphabetically by individual appointee (and nominee) and by agency, and contain letters of appointment and vitae.

Purpose:
Governor's official commissions files are created to announce to all interested parties the appointments to state offices made by the Governor, and to enable the Secretary of State's office to properly issue commissions to these persons.

Agency Program:
The governor of Texas appoints the secretary of state, the adjutant general, executive directors of several state agencies, members of numerous state boards and commissions, ship pilots and pilot boards at ports, and regents of state universities. The governor also fills vacancies in district attorney offices and judgeships, and various other posts.

One of the constitutional duties of the Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including gubernatorial appointments. The Statutory Documents Section in the Office of the Secretary of State maintains the record copy of the appointments from the governor.

At least since 1985 (Senate Bill 616, 69th Legislature, Regular Session), the governor has issued commissions to each state or county officer who qualifies (except for the governor and lieutenant governor, and for state senators and representatives); the Secretary of State performs "ministerial duties" relating to these commissions.

(V.T.C.A., Government Code, Section 601.005; also Texas Constitution, Article IV, Section 21)

Arrangement:
Chronological. In many cases this arrangement is also numerical (e.g. 34-13 thru 34-639 for the 1985-1991 files).

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room for the 1985-1991 appointments, that includes a folder listing.

Gaps? 1846-1871, 1875-1940, 1962-1984.
The State Archives is also missing 1992-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: Gubernatorial appointments are published in the Texas Register, produced twice a week by the Office of the Secretary of State since 1976.

Series data from agency schedule:
Title: Commissions, Governor's Official
Series item number: --
Agency item number: 13.00
Archival code: A
Retention: 10

Agency item number: 13.00-M [microfilm]
Archival code: None
Retention: AC + 100

Appraisal Decision:
Governor's official commissions consist of a heterogeneous group of records currently held by the Archives and Information Services Division. Each portion needs to be considered separately.

The register of commissions is archival mainly for its age, dating 1872-1874, a critical period in Texas history.

Governor's appointments (with confirmations by the Senate), 1941-1961, complement (and may even duplicate) the records of Governors Stevenson, Jester, and Shivers in our holdings. The same is true of the Shivers notebook of appointments, 1947-1953, and the Daniels notebook of commissions, 1958-1961. They all document an important function of the governor, and are archival if they are not duplicated.

The largest group of appointment files, dating 1985-1991, poses a dilemma. These files contain three kinds of documents: letters announcing gubernatorial appointments, oaths of office, and curriculum vitae. The information in the announcements has been published in the Texas Register since 1976, and is therefore redundant. Oaths of office from the Republic era and the 19th century in general have been retained for their genealogical and (marginal) biographical value; I contend that late-20th century oaths are not archival, although that judgement may invoke the curse of late 21st-century genealogists. It is the last item that gives me trouble: vitae or resumes. These frankly offer a wealth of information to anyone researching the backgrounds and status of gubernatorial appointees, both individually and in the aggregate. I am reluctant to discard these, and removing them from the other documents would make it harder to match persons with positions and would thereby reduce their usefulness. They have been microfilmed, and if the vitae are also included, and microfilmed to archival standards, I believe that the originals could be discarded. I propose for now that the Archives and Information Services Division of the Texas State Library and Archives Commission should retain all of these records, but reappraise the appointment files during the last phase of appraisal, of the Secretary of State's current records.

This series is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are retained for 100 years, but are not coded as archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Commissioners of Deeds files

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Commissioners of Deeds, 1846-1912, 14.57 cubic ft.

Description:
These records contain files on persons appointed to be Commissioners of Deeds, and include correspondence concerning the position, oaths of office, official bonds, and letters of recommendation. The records date 1846-1912. States and territories represented are: Alabama, Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Indian Territory, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, and Wisconsin. Foreign nations represented are: Great Britain, Mexico, and the Philippines. These records are unusual in that they document persons who are not Texas residents or citizens of Texas.

Purpose:
Commissioners of Deeds files were created to appoint persons to that position. Researchers have used the records primarily for genealogical purposes.

Agency Program:
In 1846, the 1st Legislature authorized the Governor to appoint one or more persons in each state of the United States and in the District of Columbia to hold the office of Commissioner of Deeds. These persons would have the authority to do the following:

  • take acknowledgments and proofs of the execution of such legal papers as deeds, mortgages, or conveyances;
  • certify any contract, power of attorney, or other official record to be used or recorded in Texas, thereby giving it the force of Texas law; and
  • administer necessary oaths or affirmations.

The Commissioners of Deeds replaced the Texan Consuls appointed by the government of the Republic of Texas.

The powers of the Commissioners remained unchanged until the passage of Senate Bill 253, 19th Legislature, Regular Session, 1885, which provided for the appointment of Commissioners in foreign countries as well as in the United States and its territories. The authority of the foreign commissioners was limited to taking acknowledgments and proofs of execution of deeds, mortgages, or conveyances. One of the reasons stated for the passage of this 1885 law was that "in foreign countries exorbitant fees are now being charged citizens of this state ... for the registration of documents" by persons unfamiliar with Texas law."

The oath required of each Commissioner of Deeds is to be filed with the Secretary of State. This is very much a continuing office; the current law regulating it was passed by Senate Bill 894, 70th Legislature, Regular Session, 1987.

(V.T.C.A., Government Code, Sections 406.051-406.055)

Arrangement: Alphabetical by state (with foreign countries at the end), and chronological within each state's files

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that contains a name index, arranged three ways: alphabetically, chronologically, and by state/country. That name index is also mounted on the web page for the Texas State Library and Archives Commission (http://www.tsl.texas.gov)

Gaps? 1913-present

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Secretary of State, Biennial Reports of the Secretary of State, Austin, Texas: State Printing Office. The following reports contain lists of Commissioners of Deeds appointed: 1870, 1872, 1886, 1888, 1890, 1892, 1896, 1898, 1900, and 1902.

Series data from agency schedule:
Title: Commissions, Governor's Official
Series item number: --
Agency item number: 13.00
Archival code: A
Retention: 10

Agency item number: 13.00-M [microfilm; one of the microfilm titles listed is specifically "Commissioner of Deeds"]
Archival code: None
Retention: AC + 100

Appraisal Decision:
Since Commissioners of Deeds certify legal documents and perform other related duties, these files (like Notary public records) have legal value, despite their age. Commissioners of Deeds files also have genealogical and biographical value, and are readily accessible through a name index (which is also on-line). For these reasons, and also because of their age, they are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

The series of which these records are a part (Governor's Official Commissions) is also listed on the agency's records retention schedule as existing in microfilm form, with the original stored at the State Records Center. The retention period of these microfilm records is 100 years after the end of a given governor's term of office, but only the paper copies are coded as archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Applications for labor organizers' cards

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 1-2 cubic ft.

Archival holdings:
Applications for labor organizers' cards, 1943-1979, 44 cubic ft.

Description:
These records consist of applications for labor organizers' cards, dating 1943-1979. The application itself contains the following information: name of applicant, address, labor union affiliations (local, state, and national), and credentials. The credentials are usually attached, and include such things as copies of union membership cards, letters of certification from the union secretary or president, copies of minutes showing election or appointment, copies of union by-laws explaining the method of selecting organizers, etc.

Earlier applications contain additional questions: whether a citizen of the U.S.; whether convicted of a felony, and if so, the nature of the felony, the state of the Union, and whether citizenship had been restored. At least one application included a statement by the applicant that although he was registering, neither he nor the CIO was waiving their claim that this requirement of registration was an infringement of the right of free speech as guaranteed to them by both the federal and state Constitutions. Some later applications asked the applicant if they were a member of the Communist Party, if they had ever knowingly contributed funds of any character or property to the Communist Party, and if they were registered with the Texas Department of Public Safety under the Texas Communist Control Law (House Bill 20, 52nd Legislature, Regular Session, 1951).

Each application is accompanied by a cover letter from the Secretary of State, stating that their Labor Organizer's Card is enclosed and giving the card number.

Purpose:
Applications for labor organizers' cards are created to fulfil the statutory requirement for the registration of labor organizers, who would then be issued identification cards.

Agency Program:
In 1943, the Texas legislature (House Bill 100, 48th Legislature, Regular Session) passed a law requiring all labor union organizers operating in the state of Texas to apply to the Secretary of State for a labor organizer's card before soliciting any new members. The application has to give the name of the person applying, any labor union affiliations, and his or her credentials. The card so issued must have the designation "Labor Organizer," must give the name and union affiliation, and must be signed by the organizer and by the Secretary of State.

(V.T.C.A., Labor Code, Section 101.110)

Arrangement: Numerical, which is also chronological in the order in which the applications were received.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that contains a 10-page folder inventory of names of labor organizers for 1974-1979. This list is numerical, not alphabetical.

Gaps?
The State Archives is missing 1980-[ongoing].

Problems:
Lack of indexes for the entire series, and of even folder inventories for the earlier records (1943-1973).

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Labor organizer applications
Series item number: --
Agency item number: 30
Archival code: None
Retention: 5

Agency item number: 30-M [microfilm]
Archival code: None
Retention: AC + 25

Appraisal Decision:
Applications for labor organizers' cards provide considerable detail regarding the leadership of labor unions in Texas for more than three decades in the post-World War II era. The questions in those applications regarding citizenship, felony convictions, and Communist-party affiliations - and the reactions to those questions - are important to labor historians. Also significant as historical sources are the supporting documents regarding credentials, such as minutes and by-laws. The State Archives has very little in the way of documentation for labor or unionization. Therefore I believe these records to be archival, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

This series is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are retained for 25 years, but are not coded as archival. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Annual reports of labor organizations

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: 2 cubic ft.

Archival holdings:
Annual reports of labor organizations, 1975-1978, 8 cubic ft.

Description:
These records consist of annual financial reports of labor organizations operating in Texas, dating 1975-1978. The reports were made on one of two forms printed by the U.S. Department of Labor, depending on the labor organization's amount of receipts. Each financial report includes some basic details, including: the name and mailing address of the union; its affiliation; the names of all union officers and payments to or for them; fees and dues required; assets owned, debts owed, cash received, and cash paid out (all broken down by various categories). For organizations with $30,000 or more in receipts, and for labor organizations under trusteeship, the federal Labor-Management Reporting and Disclosure Act of 1959 required additional details. For example, cash receipts were broken down by dues, per capita tax, fees, fines, assessments, work permits, sale of supplies, interest, dividends, rents, loans obtained, sale of investments and fixed assets, repayment of loans, etc. For first-time filers, copies of the union constitution and/or by-laws are included.

These same reports were, of course, filed with the U.S. Department of Labor.

Purpose:
Annual reports of labor organizations are created to comply with federal law, to guard against corruption and conflict of interest. The filing of these reports with the office of the Secretary of State is required to ensure that financial reports of unions and other labor organizations are available for public inspection in Texas.

Agency Program:
Beginning in 1943 (House Bill 100, 48th Legislature, Regular Session), every labor union operating in Texas was required to file an annual report with the Secretary of State, including the following:

  • the name and address of the union;
  • the names and addresses of local union officers;
  • the names and addresses of state, national, and/or international organizations or unions with which the union is affiliated,
  • a complete financial statement including all fees, dues, fines, or assessments levied or received; an itemized list of expenditures with the names of recipients and purposes; and a complete statement of property owned by the union.

The first report filed by a union must contain copies of the constitution or other organization records.

In 1975 (Senate Bill 606, 64th Legislature, Regular Session), the legislature amended the law, to limit the requirement for the above-mentioned annual reports. Henceforth the state requirement applied only those labor unions which are required to file reports with the U.S. Secretary of Labor by the federal Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C., Section 431) or successor statutes. This 1975 law also authorized (but did not require) the Secretary of State to remove and destroy all reports filed pursuant to the 1943 law.

(V.T.C.A., Labor Code, Section 101.120)

Arrangement: Numerical, which is also chronological in the order in which the Secretary of State received the report

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that contains a 30-page folder inventory of labor organizations reporting. It is a numerical, not an alphabetical index.

Gaps? No reports are present dating 1943-1974 or 1979-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Labor Union reports
Series item number: --
Agency item number: 24
Archival code: R
Retention: 5

Agency item number: 24-M [microfilm]
Archival code: R
Retention: AC + 25

Appraisal Decision:
Annual reports of labor organizations provide detailed documentation of labor unionism in Texas, for a very limited time period (the late 1970s). The State Archives has very little in the way of documentation for labor or unionization. Therefore I believe these records to be archival. Copies of these reports were also filed with the U.S. Department of Labor, and presumably the National Archives would consider them archival as well. A search of the NARA Archival Information Locator (NAIL), however, failed to produce any information on such a record series; but NAIL is still very selective. Until we can determine whether these reports are duplicated in the National Archives, the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

This series is also listed on the agency's records retention schedule as existing in microfilm form; those microfilm records are retained for 25 years, and are coded for archival review. There are two important (and as yet unanswered) questions: whether all of the records in this series have been microfilmed, and whether that microfilm is of archival quality. I propose to resolve those questions in the next phase of appraisal of Secretary of State records.

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Record Series Review
Series Title: Labor exemption orders

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? Yes

Ongoing record series? No

Archival holdings:
Labor exemption orders, 1943-1945, 1966-1972, 3 cubic ft.:

1943-1945, 2 cubic ft.
1966-1972, 1 cubic ft.

Description:
This series consists of transcripts of testimony, orders of exemption (with extensions), findings of fact, and cover letters. They documented wartime exemptions from Texas law limiting the hours worked by female employees during World War II and the Vietnam War. There are two subseries, dating 1943-1945 and 1966-1972.

The first subseries contains transcripts of testimony of hearings before the Bureau of Labor Statistics concerning labor exemptions, and orders of exemption (with extensions), 1943-1945. The second subseries contains exemption orders for 6 months and temporary exemption orders for 30 days, cover letters from the Commissioner of Labor to the Secretary of State, and an occasional Commission's Findings of Fact on an applicants' application for exemption, 1966-1972.

Purpose:
Labor exemption orders were created during time of war to grant exemptions from Texas law limiting the hours worked by female employees.

Agency Program:
In 1943 the Texas Legislature passed Senate Bill 124, (48th Legislature, Regular Session), which limited the hours of labor of female employees. It limited the hours of female workers employed in any factory, mine, mill, workshop, mechanical or mercantile establishment, hotel, restaurant, rooming house, theater, moving picture show, barber shop, beauty shop, roadside drink and/or food vending establishment, telegraph or telephone office, express or transportation company, or any state institution, to 9 hours per day and 54 hours per week. It limited the hours of female workers in a laundry or cleaning and pressing establishment to 11 hours per day and 54 hours per week. It limited the hours of female workers in a factory manufacturing cotton, woolen or worsted goods to 10 hours per day and 60 hours per week. However, in time of war the Commissioner of Labor Statistics was allowed to order a temporary 30-day exemption from the provisions of this act if he found (based upon private investigation) that allowing the employment of female employees for 10 hours per day would not injure their health or morals and/or add to the hazards of their occupation, and that such hours of labor are in the public interest. A 6-month exemption could be made after holding a hearing, and 6-month extensions of the exemption could be made without a further hearing. The exemption orders were all filed with the Secretary of State.

Although the law was amended in 1961 and 1971, these changes did not seem to affect exemptions. Labor exemptions granted during the Vietnam War (i.e., those dating 1966-1972) were apparently approved under the same terms as those granted during World War II (i.e., those dating 1943-1945), except that the later exemptions seemed to be allowed only to defense-related industries.

This law was repealed in 1985 (House Bill 2287, 69th Legislature, Regular Session).

(Vernon's Ann. Civ. St., Article 5172a: repealed in 1985)

Arrangement: Numerical, which is also chronological in the order in which the exemptions were filed with the Secretary of State.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that contains a 3-page folder inventory of companies that requested labor exemptions for the period 1966-1972. This list is numerical, not alphabetical.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This series is obsolete, because the function has been abolished.

Appraisal Decision:
Labor exemption orders provide fascinating documentation of details which span a variety of historical subjects: feminism, labor history, and two American wars. The orders also furnish evidence of the functioning of the Bureau of Labor Statistics/Commissioner of Labor in this one specific situation. They are definitely archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Federal contracts

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? Unknown. The requirement to file with the Secretary of State was repealed, but, equivalent records may be filed with another federal or state agency.

Ongoing record series? Unknown

Archival holdings:
Federal contracts, 1946-1969 (bulk 1951-1969), 52 cubic ft.

Description:
This series consists of copies of contracts between state agencies (including state universities) and the federal government, plus accompanying correspondence with the Secretary of State (who received the filings), dating 1946-1969 (the bulk 1951-1969). Information provided by these contracts includes such things as the purpose of the contract or the title of the project, the amount of the approved budget, the estimated costs (both direct and indirect), support recommended for the remainder of the project period, general project conditions, regulations and procedures, etc. Among the federal agencies involved in these contracts and intergovernmental agreements are the following: the U.S. Department of Health, Education, and Welfare (Public Health Service, Vocational Rehabilitation Service, etc.); the Departments of the Army, of the Navy, and of the Air Force; the National Science Foundation; the U.S. Department of Agriculture (Soil Conservation Service, etc.); the Peace Corps; the U.S. Department of Commerce (Bureau of Public Roads, etc.); the U.S. Atomic Energy Commission; the U.S. Department of the Interior (Fish and Wildlife Service, etc.); and others. Examples of the types of contracts include the following: federal reimbursement of the state for road construction; the extension of intensive summer programs in languages; research projects such as one on fisheries investigations, or another on laboratory-acquired infections and accidents; the allocation of federal funds for Old Age Assistance, Aid to Dependent Children, Aid to the Needy Blind, and other state programs; etc.

Related records include another example of archival records containing federal contracts: the records of the Texas National Research Laboratory Commission (Superconducting Super Collider), especially the series U.S. Department of Energy-Property use agreement, and the series Final settlement.

Purpose:
Federal contracts are created to specify the terms of agreements made between the federal government and various Texas state agencies and universities. In the words of the enabling legislation: "Sound budgeting procedure requires that the Legislature have knowledge of the funds that State agencies expect to receive from the Federal government." In addition, "the Legislature should know the conditions contained in contracts between State agencies and the Federal government."

Agency Program:
In 1951, legislation (Senate Bill 118, 52nd Legislature, Regular Session) required the filing with the Secretary of State of any federal contract or agreement entered into by any agency or political subdivision of State government. The law requiring this filing was repealed in 1969 by Senate Bill 327, 61st Legislature, Regular Session.

(formerly Vernon's Ann. Civ. St., Article 4341a)

Arrangement: Numerical according to a number assigned by the office of the Secretary of State (125-1 thru 125-16502), which is also chronological in the order in which the contracts were filed.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Suggested series from state Records Retention Schedule:
Title: Contracts and Leases
Series item number: 5.1.001
Agency item number: --
Archival code: None
Retention: AC + 4

Appraisal Decision:
Federal contracts, 1946-1969, document a quarter-century of fairly intense state-federal cooperation, the Truman-Eisenhower-Kennedy-Johnson years, including the Fair Deal, the New Frontier, and the Great Society.

Our files contain a memo of preliminary appraisal dated March 6, 1986, from Carolyn Majewski: "The first couple years of these contracts seem more informative - includes narratives justifying the contract or the program it supports. In later years the files become very routine. At this time it is not known if the information in this series has ever been compiled in more summary form."

While it is possible that the National Archives retains copies of some or all of these contracts, that retention is unconfirmed at this time. Even if they are, their distance would be an inconvenience to a Texas researcher studying state-federal relations or the evolution of Texas governmental programs (including those at the university level). These files seem very meaty to me. I believe that they are archival records, and that the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

If at some later date we discover that federal contracts are permanently held at the National Archives and Records Administration, then we should re-appraise this series.

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Record Series Review
Series Title: Public utility reports

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? Unknown. The requirement to file with the Secretary of State was repealed, but equivalent records may be filed with the Public Utility Commission.

Ongoing record series? Unknown

Archival holdings:
Public utility reports, 1961-1980, 6.02 cubic ft.

Description:
This series consists of 25 bound volumes of public utility reports, dating 1961-1980. They contain annual reports filed by public utility companies with the Secretary of State, plus all associated correspondence. These reports give the following information concerning each corporation for that year: name and address, authorized capital stock, bonded indebtedness, other fixed liens or mortgages on property, floating indebtedness (including all bills payable), value of visible tangible property, annual cost of operating (broken down by maintenance and repairs, salaries, labor, interest, etc.), annual gross earnings, and prices charged the public (for electric light and power, gas, water, street railway fairs, and sewerage). Other documents attached include policies and regulations, procedures for application, etc.

Purpose:
Public utility reports were created by law to document the financial status of each public utility corporation in Texas, and also to establish whether or not the rates charged the public were fair.

Agency Program:
Beginning in 1905 (Substitute Senate Bill 12, 29th Legislature, Regular Session), Texas law required every corporation owning, leasing or operating a street railway, electric lighting or power plant, gas plant, water plant, or sewerage company, and furnishing these utilities to the public in towns and cities over 2,500 population, to file an annual report with the Secretary of State. These reports included statements of liabilities and assets, and of rate schedules. The requirement for this filing was repealed in 1981 by House Bill 509, 67th Legislature, Regular Session.

The Public Utility Commission was created in 1975 by the Public Utility Regulatory Act (House Bill 819, 64th Legislature, Regular Session).

(Formerly Vernon's Ann. Civ. St., Articles 1441-1446)

Arrangement: Chronological by year, and then alphabetical by the name of the utility corporation.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
None, except that each volume includes a list of utility corporations whose reports are contained in that volume.

Gaps? No volumes are in the Archives' holdings before 1961 or after 1980.

Problems: None

Known related records in other agencies:
Public Utility Commission, Earnings monitoring reports, 1989-ongoing.
Public Utility Commission, Form 10-K annual utility company reports, late 1970s-ongoing (filed with the U.S. Securities and Exchange Commission).

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This function no longer belongs to the Secretary of State, but possibly was transferred to the Public Utility Commission. I briefly reviewed the records retention schedule of the Public Utility Commission, but could find no equivalent series.

Appraisal Decision:
Public utility reports document in considerable detail the financial status of each public utility corporation in Texas for a period of two decades. This time period includes the 15 years before the creation of the Public Utility Commission, which began operations in 1976; the reports then continue another four years.

Similar and/or equivalent reports of the Public Utility Commission have subsequently been reviewed in an appraisal report completed April 1999. One series (Earnings monitoring reports, 1989-ongoing) has been determined to be archival, partly because it supplements the series of reports which was required to be filed by state law with the Secretary of State until 1981. The other series (Form 10-K annual utility company reports, late 1970s-ongoing) has been determined to be not archival, partly because it is also filed with the U.S. Securities and Exchange Commission.

The reports transferred by the Secretary of State are for all these reasons archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Public weighers files

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No, according to the agency's records retention schedule.

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Public weighers files, 1879-1882, 1.41 cubic ft.

Description:
This series consists of letters and petitions to the Governor of Texas requesting an appointment to the position of public weigher, either for the correspondent or for a third party or parties. These petitions, to Governor O.M. Roberts, date 1879-1882. Petitioners include farmers, merchants, attorneys, and others. Occasionally the letters reflect special circumstances, as for example: disapproval of the Governor's appointment; requests for the establishment of the position of Public Weigher; resignations; a request for a delay in the appointment to allow for resolution of a conflict in a city charter; etc.

Related records are in the records of Governor O.M. Roberts, 1861-1883 (bulk 1878-1883), 8.93 cubic ft. In fact, this series is listed in the finding aid for Governor Roberts' records.

Purpose:
Public weighers records (petitions) were created to request the Governor's appointment of individuals to the office of Public Weigher, and to correspond with him concerning other matters involving such appointments.

The Secretary of State's office apparently received these records when the function of appointing Public Weighers was transferred to that department in 1967.

Agency Program:
In a law effective September 1, 1856, the 6th Legislature, Adjourned Session, created one Weigher of Cotton for each of the ports of Indianola, Lavaca, Houston, Richmond, and Galveston, to be appointed by the Governor. This law was amended by the 8th Legislature, effective February 7, 1860, allowing the mayor of each incorporated city or town to appoint up to six Public Weighers for one-year terms, to weigh all cotton, sugar produce or merchandise.

Effective April 19, 1879, the 16th Legislature once more made the Governor responsible for appointing Public Weighers of cotton, wool, sugar, and hides: five in Galveston, and between one and three in Houston, Sherman, Dallas, Austin, Waco, plus other towns at the judgment of the Governor, all for two-year terms. This law was amended by the 18th Legislature, effective April 12, 1883, whereby the Governor would continue to appoint five Public Weighers in each city receiving more than 100,000 bales of cotton for sale or shipment; in those cities where the number of bales was less than 100,000, the commissioners court could order an election for Public Weighers.

In 1967 (Senate Bill 364, 60th Legislature, Regular Session), the law was amended once more, assigning the appointment of Public Weighers in cities meeting certain criteria to the Secretary of State. Finally, this duty of appointment was transferred in 1981 to the Department of Agriculture (Senate Bill 1276, 67th Legislature, Regular Session).

(V.T.C.A., Agriculture Code, Section 13.252)

Arrangement:
alphabetical by county, and therein chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room under Governor's records, for Governor O. M. Roberts.

Gaps? 1856-1878.
The State Archives is also missing 1883-[ongoing]. It is not yet known what dates are represented in the files of the Secretary of State.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Public weighers
Series item number: --
Agency item number: 15.75
Archival code: None
Retention: AC + 50

Appraisal Decision:
Public weighers files document requests for appointments to this unusual government job during a three-year period in the late 19th century. In a very minimal way, they reflect some of the attitudes and concerns of Texans at that time; but this could be said of almost all files containing correspondence from the general public. As files on persons, they might have some marginal genealogical value. Since they are not indexed, however, there is very limited access. These files cover a very small time-span (three years), and are primarily requests for an appointment to another government position, of which we have thousands of other examples. For all of these reasons, they are not archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission will de-accession them.

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Record Series Review
Series Title: Cash management notes file

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Cash management notes file, 1986, fractional

Description:
These records consist of a legal opinion delivered to the Secretary of State by Vinson & Elkins, Attorneys at Law, in their capacity as bond counsel for the State of Texas, dated November 1986, concerning $600 million of State of Texas Tax and Revenue Anticipation Notes.

Purpose:
The cash management notes file involves one aspect of the issuance of Tax and Revenue Anticipation Notes (also called cash management notes) to deal with temporary cash shortfalls in the General Revenue Fund. The one item the file contains was created by Vinson & Elkins, Attorneys at Law, in their capacity as bond counsel for the State of Texas, to convey to the Secretary of State a legal opinion concerning state Tax and Revenue Anticipation Notes.

Agency Program:
In 1986, Senate Bill 5, 69th Legislature, 3rd Called Session created the Cash Management Committee to assist in the management of temporary cash shortfalls in the General Revenue Fund by the issuance of Tax and Revenue Anticipation Notes. (This committee does not include the Secretary of State.)

(V.T.C.A., Government Code, Sections 404.121-404.125)

Arrangement:
Chronological (if there is ever more than one item)

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access? None is necessary.

Gaps?
The State Archives is missing 1987-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Cash Management Notes
Series item number: --
Agency item number: 203
Archival code: A
Retention: 10

Appraisal Decision:
The subject of cash shortfalls is a critical dilemma in the conduct of state government, and it is important that the state's response be documented. The cash management notes file is very small, containing (for now) only one legal opinion. For its legal value, it is archival and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain it.

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Record Series Review
Series Title: Roster of registered architects

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No; however, the requirement for filing this roster with the Secretary of State was repealed.

Ongoing record series? Yes, at the Board of Architectural Examiners.

Archival holdings:
Rosters of registered architects, 1937-1949, 1.20 cubic ft.

Description:
This series consists of three volumes entitled "Registered Architects," dating 1937-1949. They contain the following information on architects registered with the Texas Board of Architectural Examiners: registration number, name, sex, address, date of registration, date filed for record, qualification basis, renewal dates, renewal address, revocation dates, and reinstatement dates. Five categories of qualification are given: (A) examination; (B) six months practice prior to enactment of law; (C) ten years practice out, or in and out, of state; (D) out of state registration; and (E) education and training. The first two volumes contain alphabetical indexes.

Related records include the Texas Board of Architectural Examiners, Meeting Minutes and Agenda, 1937-[ongoing], in the holdings of the Archives and Information Services Division of the Texas State Library and Archives Commission. These minutes contain names of architects whose status require some kind of action by the Board. Until 1963, the minutes apparently give the names of all architectural registrants, according to the method of certification; after 1963, however, the minutes deal primarily with unusual or problem cases.

Purpose:
Rosters of registered Architects were created by law to serve as a permanent record of architects registered with the Texas Board of Architectural Examiners, along with pertinent information on each architect.

Agency Program:
The original law of 1937 that created the Texas Board of Architectural Examiners required the Board to record each registration certificate in a book kept by the Secretary of State, labeled "Register of Architects" (House Bill 144, 45th Legislature, Regular Session, 1937). The legislature abolished this requirement in 1951, noting the following: "The fact that a record of registered architects is maintained by the Secretary-treasurer of the Texas Board of Architectural Examiners and the maintaining of such a duplicate, expensive and burdensome record, which serves no useful purpose, by the Secretary of State creates an emergency..." (House Bill 556, 52nd Legislature, Regular Session, 1951).

Arrangement: Numerical, which is also chronological in the order in which the architects were registered.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
The first two volumes contain alphabetical indexes.

Gaps? 1950-1951

Problems: None

Known related records in other agencies:
Board of Architectural Examiners, Registrants--Permanent Record Book (AR-16 on that agency's records retention schedule).

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Texas Board of Architectural Examiners, Roster of Registered Architects. The Texas Documents Collection of the Archives and Information Services Division, Texas State Library and Archives Commission has the following rosters, published annually: 1938, 1943-1944, 1946-1953, 1955-1957, 1959-1973, 1975-1977, 1981, 1983, 1985. The published roster gives names alphabetically; it does not give either the method or the exact date of certification.

Series data from agency schedule:
This series is no longer filed with the Secretary of State. The following data is from the records retention schedule of the Board of Architectural Examiners:

Title: Registrants--Permanent Record Book
Series item number: --
Agency item number: AR-16
Archival code: A
Retention: PM

Appraisal Decision:
These rosters document one of the primary functions of the Board of Architectural Examiners, the registration of architects. Normally, the Archives and Information Services Division of the Library and Archives Commission has determined that the types of records maintained primarily to contain professional information on individuals who are regulated by state agencies will not be designated archival. However, since architects are professionals whose conduct can potentially result in significant harm to the State or its citizens, it is particularly important that a record of the registration of architects be preserved permanently.

Researchers seeking this kind of information have at least three other sources:

  • the Permanent Record Book of Registrants, which is maintained permanently by the Division of Architects of the Board of Architectural Examiners;
  • the published Rosters of Registered Architects, which provides names and addresses. The Texas Documents Collection of the Archives and Information Services Division, Texas State Library and Archives Commission holds an incomplete run of these. Being alphabetical rather than numerical/chronological, the roster is much easier to use than the permanent record book of registrants, although the published roster does not give either the method or the exact date of certification.
  • board meeting minutes, which contain names of architects whose status require some kind of action by the Board. Until 1963, the minutes apparently give the names of all architectural registrants, according to the method of certification; after 1963, however, the minutes deal primarily with unusual or problem cases.

None of the preceding sources, however, give the amount of detail provided in one convenient source by the Rosters of registered architects in our holdings. Furthermore, the existence of alphabetical indexes in the first two rosters increases their value. Architecture is an old and honored profession, and these rosters could benefit historical, biographical, and genealogical researchers. Therefore I believe these rosters are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Rosters of professional engineers

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Rosters of professional engineers, 1958, 1963, 1965-1972, 1974, 1 cubic ft.

The Texas Documents Collection of the Archives and Information Services Division, Texas State Library and Archives Commission has a complete set of these rosters (volumes 1-49), 1938-1997. They were annual through 1976, and biennial thereafter.

Description:
This series consists of nine paperbound volumes of rosters of professional engineers, dating 1963 and 1965-1972. Each roster lists the name and mailing address of each person registered with the Texas State Board of Professional Engineers for that year. Also included are the following: a section of listings by geographical distribution, showing the cities and towns within Texas in which engineers are located, plus listings by state and by nation of all out-of-state registrants; an "in memoriam" list of deceased engineers; a summary of the status of applications for that year (e.g. in good standing, retired, deceased, rejected, pending, etc.); a description of the National Council of State Boards of Engineering Examiners; the addresses of all the state boards in the United States; the names of all members of the Texas State Board of Professional Engineers (past and present); the text of the Texas Engineering Practice Act; and the Code of Ethics for engineers. These rosters were published annually, 1938-1976, and biennially beginning with 1977-1978.

Related records include Texas State Board of Professional Engineers, minutes of meetings, 1972-1997.

Purpose:
Rosters of professional engineers are created to serve as a directory of engineers registered with the Texas State Board of Professional Engineers.

Agency Program:
The Texas State Board of Professional Engineers was created in 1937 by Senate Bill 74, 45th Legislature, Regular Session. Its function is to examine and license applicants as professional engineers, and to enforce the rules and regulations governing professional engineers, thus protecting the public by eliminating unqualified practitioners and ensuring performance standards. The enabling legislation requires the Board to file a roster of professional engineers annually with the Secretary of State, beginning in July 1938.

(Vernon's Ann. Civ. St., Article 3271a, Section 11)

Senate Bill 234, 76th Legislature, Regular Session, 1999 (Relating to the filing of reports with the secretary of state regarding persons licensed by the state) has passed in both the Senate and the House; if the Governor signs it into law, this legislation will remove the requirement that the Texas State Board of Professional Engineers file its rosters with the Secretary of State.

Arrangement: Chronological by year, and therein alphabetical by last name of registrant.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room, but it simply gives box numbers. No index is really necessary.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: This series is a publication.

Series data from agency schedule:
Title: Engineers, Registration of Professional
Series item number: --
Agency item number: 158
Archival code: A
Retention: 10

Appraisal Decision:
These rosters document one of the primary functions of the State Board of Professional Engineers, the registration of professional engineers. Normally, the Archives and Information Services Division of the Library and Archives Commission has determined that the types of records maintained primarily to contain professional information on individuals who are regulated by state agencies will not be designated archival. However, we encourage the maintenance of published rosters in the Texas Documents Collection. The more recent ones obviously help fulfil the purpose of the law in registration of engineers; the older ones (and eventually all of them) will meet the requirements of genealogists and biographers. I believe these rosters to be archival records. However, since the Texas Documents Collection, Archives and Information Services Division, Texas State Library and Archives Commission has a complete set, it is also safe to de-accession the extra copies which were formally accessioned. Should the Texas Documents Collection ever be weeded or abolished, all of the rosters should then be transferred to the State Archives.

We will reappraise the roster when we appraise the records of the State Board of Professional Engineers, and we will review this decision at that time.

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Record Series Review
Series Title: Names of all duly licensed funeral directors, embalmers, and funeral establishments

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Names of all duly licensed funeral directors, embalmers, and funeral establishments, 1981-1983, fractional

Description:
This series consists of lists of names of all duly licensed funeral directors, embalmers, and funeral establishments, which are attached to State Board of Morticians annual reports for fiscal years 1981 and 1982, covering the dates 1981-1983. Each annual report contains the following sections in addition to the lists: history and responsibilities, board office, funding of board activities, board members and officers, activities of the board, representation at local and national meetings, statistics on the written and practical examinations, and statistics on compliance and enforcement (investigative case activity, analysis of cases, reprimands, probation, revocation, and letter of advisement). The lists of all licensed funeral directors, embalmers, and funeral establishments licensed by the State Board of Morticians include one list of funeral establishments (giving establishment number, name, and city), and one list of licensed individuals (giving funeral director number, embalmer number, name, city, and state).

Purpose:
Names of all duly licensed funeral directors, embalmers, and funeral establishments are created and filed with the Secretary of State, as required by state law, to provide the public with an official list of those businesses and individuals who are licensed by the Funeral Service Commission.

Agency Program:
The State Board of Embalming was created in 1903 (Senate Bill 76, 28th Legislature, Regular Session,) to license and regulate embalmers in containing contagious diseases that affected public health. In 1938 the law was amended to encompass funeral directors. The revised statute prohibited licensees from using fraud or misrepresentation in the conduct of business, using false or misleading advertising, soliciting, and refusing to promptly surrender a body, thus changing the agency's mission from the protection of public health to the protection of public welfare. In 1953 the agency became the State Board of Morticians (Senate Bill 21, 53rd Legislature, Regular Session). In 1987 the legislature renamed the agency the Texas Funeral Service Commission and granted it authority to assess administrative penalties (Senate Bill 95, 70th Legislature, Regular Session).

The law requires the Funeral Service Commission to file with the Secretary of State its annual report, containing a list of the names of all duly licensed funeral directors, embalmers, and funeral establishments.

(Vernon's Ann. Civ. St., Article 4582b, Section 2(E)2.)

Senate Bill 234, 76th Legislature, Regular Session, 1999 (Relating to the filing of reports with the secretary of state regarding persons licensed by the state) has passed in both the Senate and the House; if the Governor signs it into law, this legislation will remove the requirement that the Funeral Service Commission file its rosters with the Secretary of State.

Arrangement: Chronological; within a fiscal year, the lists are alphabetical by name of funeral establishment, then alphabetical by name of individual.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
None, but none is really necessary.

Gaps? (There are no lists prior to 1981.)
1984-1993.

Problems: None

Known related records in other agencies:
Funeral Services Commission, Licensing logs, 1994-[ongoing]. The licensing log gives the date the license was issued, the license number, name of individual or funeral establishment, type of license issued (funeral director, funeral establishment, embalmer), a control number, and the initials of the staff members logging in the information. The agency is required by statute to deposit a certified annual filing of the log with the Secretary of State, which is the record copy of the log.

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Names of all Duly Licensed Funeral Directors, Embalmers, and Funeral Establishments
Series item number: --
Agency item number: 192
Archival code: A
Retention: 10

Appraisal Decision:
Appraisal Archivist Laura Saegert completed an appraisal report on the records of the Funeral Service Commission in April 1997. At that time we appraised the series Licensing logs as non-archival, because the agency maintained a convenience copy, with the record copy being sent to the Secretary of State; we decided to appraise the series when the Secretary of State's records were appraised. This is that appraisal.

Lists of the names of all duly licensed funeral directors, embalmers, and funeral establishments (or more properly, State Board of Morticians annual reports) document one of the primary functions of the Funeral Service Commission. Normally, the Archives and Information Services Division of the Library and Archives Commission has determined that the types of records maintained primarily to contain professional information on individuals who are regulated by state agencies will not be designated archival. However, we encourage the maintenance of published rosters in the Texas Documents Collection. The more recent ones obviously help fulfil the purpose of the law in registration of funeral directors, embalmers, and funeral establishments; the older ones (and eventually all of them) will meet the requirements of genealogists and biographers. Currently the Archives Division has only two years of funeral services rosters; the Texas Documents Collection has none. Furthermore, the lists are part of a record series (annual/biennial reports) which we have determined to be archival. Therefore I believe these rosters are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

Senate Bill 234 (Relating to the filing of reports with the secretary of state regarding persons licensed by the state) was passed this legislative session. If the Governor signs it into law, we should also contact the Funeral Service Commission and inform them of our decision to appraise their roster as archival, since they will no longer be required to send them to the Secretary of State. Their retention schedule would need to reflect this new decision.

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Record Series Review
Series Title: Board of Medical Examiners' registers

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No, although this series is not found on the Secretary of State's records retention schedule.

Ongoing record series? Yes, but probably at the Board of Medical Examiners.

Archival holdings:
Board of Medical Examiners' registers, 1907-1983, 1.44 cubic ft.:

Board of Medical Examiners' registers, 1907-1979, 1.44 cubic ft.
Roster of Medical Examiners, 1979-1983

Description:
These records consist of registers of the Board of Medical Examiners, containing the names, addresses, medical education and method of licensing for those seeking to practice medicine in Texas. Dates covered are 1907-1983. The Board of Medical Examiners transmitted these reports to the Secretary of State. The 1907 law required the registers to contain the following information: name, age, place and duration of residence of each applicant, time spent in respective medical schools, year and school from which degrees were granted to the applicant, and whether the applicant was rejected or licensed.

Purpose:
Registers of the Board of Medical Examiners were created as the official record of all applications to practice medicine in Texas, and to serve as "prima facie evidence of all matters contained therein."

Agency Program:
The 1907 "Act to Define and Regulate the Practice of Medicine" (Senate Bill 26, 30th Legislature, Regular Session) created the Texas State Board of Medical Examiners, giving it the power to examine and license individuals practicing medicine in Texas, and to enforce the laws concerning that practice. The original law required the newly created board to maintain this register of applicants to practice medicine in Texas. It also required the secretary of the Board of Medical Examiners to send an official copy of the Board's register to the Secretary of State by March 1 of each year, to be the permanent record. This requirement was repealed in 1981 (Senate Bill 5, 67th Legislature, 1st Called Session).

(Vernon's Ann. Civ. St., Article 4495b, Sections 2.01 and 2.09(d))

Arrangement: Chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid listed under Board of Medical Examiners.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records:
Texas Board of Medical Examiners, Handbook of Information with Official List of Authorized Medical Practitioners, 1937-1959; and Directory of Medical Practitioners, 1960-1997. The Texas Documents Collection of the Archives and Information Services Division, Texas State Library and Archives Commission has a set of these rosters that is about 80 percent complete, 1937-1997 (missing only 1940, 1942-1943, 1948, 1951-1953, and 1977-1980). They were annual through 1976, and biennial thereafter. These rosters at first gave only name and town/city of each medical practitioner; later rosters included only slightly more information.

Series data from agency schedule:
This series is no longer filed with the Secretary of State. I briefly reviewed the records retention schedule of the Board of Medical Examiners, but could find no equivalent series.

Appraisal Decision:
These registers document one of the primary functions of the Board of Medical Examiners, the registration of physicians. Normally, the Archives and Information Services Division of the Library and Archives Commission has determined that the types of records maintained primarily to contain professional information on individuals who are regulated by state agencies will not be designated archival. However, since physicians are professionals whose conduct can potentially result in significant harm to the State or its citizens, it is particularly important that a record of their registration be preserved permanently. Medicine is an old and honored profession, and these registers could benefit historical, biographical, and genealogical researchers. The published rosters cover only the years since 1937, and do not include anywhere near the same detail as the registers. Therefore the registers are archival records, and the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Rosters of physical therapists

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Rosters of physical therapists, 1972-1995, 2.16 cubic ft.

Description:
These records consist of computer printouts of rosters of physical therapy examiners. These rosters date 1972-1995. The Board of Physical Therapy Examiners, which does the actual licensing of physical therapists, furnishes the rosters annually to the Secretary of State. The rosters list all licensed physical therapists and physical therapist assistants in Texas. In 1991, there were over 6,000 therapists licensed with the Board. Rosters include license number, name, address, status, license date, type of license, and license expiration date.

Purpose:
Rosters of physical therapists are created to serve as the official record of the licensing of physical therapists and physical therapist assistants in Texas. For many years the Secretary of State had arranged for the Archives and Information Services Division of the Texas State Library and Archives Commission to provide copies of these lists to interested parties for the price of copying and mailing them.

Agency Program:
The Board of Physical Therapy Examiners was created in 1971 (Senate Bill 344, 62nd Legislature, Regular Session). Its functions include the examining and licensing of all physical therapists and physical therapist assistants, and the registration and regulation of physical therapy facilities. The board is authorized to revoke or suspend licenses and to reprimand or place on probation licensed practitioners who violate the Texas Physical Therapy Practice Act or board rules. More than 8,600 physical therapists and physical therapist assistants held active licenses in 1995.

The law requires the board to transmit an annual list of all licensed physical therapy practitioners to the Secretary of State.

(Vernon's Ann. Civ. St., Article 4512e, Section 4(a))

Senate Bill 234, 76th Legislature, Regular Session, 1999 (Relating to the filing of reports with the secretary of state regarding persons licensed by the state) has passed in both the Senate and the House; if the Governor signs it into law, this legislation will remove the requirement that the Board of Physical Therapy Examiners file its rosters with the Secretary of State.

Arrangement:
Chronologically by roster, then alphabetically within each roster.

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is a finding aid in the State Archives search room that matches years with boxes.

Gaps? None have been received since 1995.

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Physical Therapy Examiners, Board of
Series item number: --
Agency item number: 160
Archival code: A
Retention: one day

Appraisal Decision:
These rosters document one of the primary functions of the Board of Physical Therapy Examiners, the registration of physical therapists and physical therapist assistants. Normally, the Archives and Information Services Division of the Library and Archives Commission has determined that the types of records maintained primarily to contain professional information on individuals who are regulated by state agencies will not be designated archival. However, we encourage the maintenance of published rosters. The Board of Physical Therapy Examiners publishes this computer printout in lieu of a bound roster, so there are no rosters in the Texas Documents Collection. Furthermore, until several years ago the Board had a specific arrangement with the Texas State Library and Archives Commission, whereby we furnished copies to the public. Mainly for those reasons, I believe these rosters to be archival records. The Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

However, we will reappraise the roster when we appraise the records of the Board of Physical Therapy Examiners, and we will review this decision at that time.

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Record Series Review
Series Title: Governor for a Day reports

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Governor for a Day reports, 1985, 1987-1994, 0.24 cubic ft.

Description:
This series consists of financial reports, both final and supplemental, with accompanying correspondence, detailing all contributions received and expenditures paid in conjunction with Governor for a Day ceremonies, dating 1985 and 1987-1994. Each report contains the following information:

  • (beginning 1987) a cover sheet giving the name, business address and telephone number of the designated chairman, the date of the ceremony and the date of the report, and totals of contributions and expenditures over $50 and under $50;
  • for all contributions exceeding $50, the name and address of each contributor, the amount of the contribution, and (beginning 1987) the market value of any in-kind contribution (dates of contributions are given in 1985); and
  • for all expenditures exceeding $50, the name and address of each payee or creditor, the purpose, and the amount of the expenditure (dates of expenditures are given in 1985).

Purpose:
Governor for a Day reports are created to account for all contributions and expenditures relating to the Governor for a Day ceremony, held during the tenure of a state senator serving as president pro tempore, to honor the senator and to recognize the senator's services to the state.

Agency Program:
In 1983, Senate Bill 1245 (68th Legislature, Regular Session) provided for the Governor for a Day ceremony, to honor the state senator holding the position of president pro tempore, for their service to the state of Texas. The person so honored is required to designate a chairman responsible for conducting the Governor for a Day ceremony, prior to the collection of any contributions or the expenditure of any funds for that purpose. A final financial report of these contributions and expenditures must be filed with the Secretary of State not later than the 60th day after the ceremony, and a supplemental report must be filed not later than the 30th day after any outstanding debt is retired.

(V.T.C.A., Government Code, Chapter 303)

Arrangement: Chronological by year

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? No reports were received for 1984 or 1986.
The State Archives is missing 1995-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Governor for a Day Reports
Series item number: --
Agency item number: 13.40
Archival code: A
Retention: 1

Appraisal Decision:
Governor for a Day reports serve to maintain accountability for the financing of a purely ceremonial function that I find of little enduring value. The accountability reasonably expires at the end of the agency's retention period, which is one year. These records are not archival; the Archives and Information Services Division of the Texas State Library and Archives Commission will de-accession them.

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Record Series Review
Series Title: Speaker's Day reports

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Speaker's Day reports, 1985, 1987-1993, 0.24 cubic ft.

Description:
This series consists of financial reports, both final and supplemental, with accompanying correspondence, detailing all contributions received and expenditures paid in conjunction with Speaker's Day ceremonies, dating 1985 and 1987-1993. Each report contains the following information:

  • a cover sheet giving the name, business address and telephone number of the designated chairman, the date of the ceremony and the date of the report, and totals of contributions and expenditures over $50 and under $50;
  • for all contributions exceeding $50, the name and address of each contributor, the amount of the contribution, and the market value of any in-kind contribution; and
  • for all expenditures exceeding $50, the name and address of each payee or creditor, the purpose, and the amount of the expenditure.

Purpose:
Speaker's Day reports are created to account for all contributions and expenditures relating to the Speaker's Day ceremony, held during the tenure of a Speaker of the House of Representatives to honor the speaker and to recognize the speaker's services to the state.

Agency Program:
In 1983, Senate Bill 1245 (68th Legislature, Regular Session) provided for the Speaker's Day ceremony, to honor the Speaker of the Texas House of Representatives for their service to the state of Texas. The person so honored is required to designate a chairman responsible for conducting the Speaker's Day ceremony, prior to the collection of any contributions or the expenditure of any funds for that purpose. A final financial report of these contributions and expenditures must be filed with the Secretary of State not later than the 60th day after the ceremony, and a supplemental report must be filed not later than the 30th day after any outstanding debt is retired.

(V.T.C.A., Government Code, Chapter 303)

Arrangement: Chronological by year

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
There is neither an index, nor a finding aid.

Gaps? No reports were filed for 1984 or 1986.
The State Archives is missing 1994-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Speaker's Day Reports
Series item number: --
Agency item number: 16.30
Archival code: A
Retention: 1

Appraisal Decision:
Speaker's Day reports serve to maintain accountability for the financing of a purely ceremonial function that I find of little enduring value. The accountability reasonably expires at the end of the agency's retention period, which is one year. These records are not archival; the Archives and Information Services Division of the Texas State Library and Archives Commission will de-accession them.

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Record Series Review
Series Title: Inaugural fund filings

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? No

Ongoing record series? Yes
Annual accumulation: fractional

Archival holdings:
Inaugural fund filings, 1979-1983, 1986-1987, 0.24 cubic ft.

Description:
Types of records include correspondence, official proclamations from the Secretary of State, a report, receipt vouchers, and lists of expenditures and contributors. Records date from 1979 to 1987. Records are filings made by three different Inaugural Committees with the Secretary of State: one, for the inauguration of Governor William Clements in January 1979; the second, for Governor Mark White in January 1983; the third, for Governor William Clements in January 1987. The records from the 1979 inauguration include acknowledgments of receipt from the Secretary of State to donors of the inaugural fund, the committee's final report, and lists of expenditures and contributors. Records related to the 1983 and 1987 inaugurations consist of correspondence, appointments to the Inaugural Committee, and proclamations by the Secretary of State.

Related records include:
Inaugural Committee: Richards-Bullock inauguration records, 1932, 1963-1991 (bulk 1990-1991), 3.24 cubic ft. (AC 1991/185)
Inaugural Committee: Bush-Bullock inauguration records, 1994-1995, 0.47 cubic ft. (AC 1996/072)

Purpose:
Inaugural fund filings are created to document the receipt and expenditure of funds to pay for the inaugural ceremonies of Texas Governors, plus other activities of the inaugural committees. Such information is intended to maintain public accountability.

Agency Program:
In 1979 the Texas legislature passed legislation regulating the inaugurations of Texas governors and lieutenant governors (Senate Bill 1137, 66th Legislature, Regular Session, 1979). An inaugural committee makes necessary arrangements for conducting ceremonies and events to observe the inauguration of the governor. The governor-elect and the lieutenant governor-elect appoint the chair and co-chair (respectively) of the inaugural committee. Members of the committee serve without compensation but may employ staff or engage the services of consultants to assist in its work. Inaugural celebrations are funded by an inaugural fund established in the State Treasury and also by contributions of individuals, associations, corporations, or other legal entities. Such contributions are not considered political contributions under state law but are reported by the inaugural committee in its final report to the Secretary of State. After the receipt of a list of total contributions and expenditures and the committee's final report, the Secretary of State issues a proclamation to that effect and the inaugural committee is dissolved.

(Vernon's Ann. Civ. St., Article 6145-12, Section 11)

Arrangement: Chronological

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
None necessary, although there is a finding aid in the State Archives search room.

Gaps? 1984-1985.
The State Archives is also missing 1988-[ongoing].

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
Title: Inaugural Fund
Series item number: --
Agency item number: 183
Archival code: A
Retention: 10

Appraisal Decision:
Inaugural fund filings serve to maintain accountability for the financing of the inaugural ceremonies for Texas governors. While ceremonial, these functions are considerably more elaborate, and hence more expensive, than those for Governor for a Day and Speaker's Day ceremonies. The 10-year retention period probably takes care of the accountability issue, but I think that there may be some historical research value in preserving the files permanently. Perhaps also they may have value to future committees seeking to plan (and to finance) inaugurations in the 21st century and beyond. Therefore I believe these records to be archival; the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Sam Houston Bicentennial Celebration Commission financial report

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? Yes

Ongoing record series? No

Archival holdings:
Sam Houston Bicentennial Celebration Commission financial report, 1993, fractional

Description:
These records include the "Final Report of Contributions Received and Expenditures Made" from the Sam Houston Bicentennial Celebration Commission to the Secretary of State and a cover letter from an accountant to the Secretary of State verifying the information in the report. Both of these documents date from December 1993. For each contributor, the Final Report lists the date, name, address and amount of contribution and for each expenditure the date, recipient, and amount.

Purpose:
The Sam Houston Bicentennial Celebration Commission financial report was created to account for all contributions to and expenditures by that commission, to maintain public accountability.

Agency Program:
The Sam Houston Bicentennial Celebration Commission was created in April 1991 through House Bill 1519, 72nd Legislature, Regular Session. The bill allowed for the creation and operation of the Commission in order to coordinate the celebration of the bicentennial of the birth of Sam Houston, born March 2, 1793. The Commission was to make a report to the Secretary of State at the end of 1993 of contributions received and expenditures made from nonappropriated funds.

(Vernon's Ann. Civ. St., Article 4591c, Section 7a)

Arrangement: Not applicable

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
None necessary, although there is a finding aid in the State Archives search room.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This series is obsolete, because this commission has been abolished.

Appraisal Decision:
The Sam Houston Bicentennial Celebration Commission financial report served to maintain accountability for the financing of the ceremonies of the Sam Houston Bicentennial in 1993. While ceremonial, these functions were more elaborate, and hence more expensive, than those for Governor for a Day and Speaker's Day ceremonies. Although there is no designated retention period, the five years that have passed since the report probably have taken care of the accountability issue; nevertheless I think that there may be some historical research value in preserving the files permanently. Perhaps also they may have value to future committees seeking to plan (and to finance) such celebrations in the 21st century and beyond. Therefore I believe these records to be archival; the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

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Record Series Review
Series Title: Stephen F. Austin Bicentennial Celebration Commission financial statement

Agency: Secretary of State, Statutory Filings Division, Statutory Documents Section

Obsolete record series? Yes

Ongoing record series? No

Archival holdings:
Stephen F. Austin Bicentennial Celebration Commission financial statement, 1993, fractional

Description:
These records include a small amount of correspondence and a financial statement from the Stephen F. Austin Bicentennial Commission to the Secretary of State, all dating from December 1993. Correspondence consists of two items: a cover letter from the Commission to the Secretary of State conveying the financial statement and a letter from the accounting firm to the Commission explaining the accounting methods used in preparing the statement. The financial statement itself is one page and lists cash receipts, disbursements, and net income of the Commission.

Purpose:
The Stephen F. Austin Bicentennial Celebration Commission financial statement was created to account for all contributions to and expenditures by that commission, to maintain public accountability.

Agency Program:
The Stephen F. Austin Bicentennial Commission was established in November 1992 (Senate Concurrent Resolution 3, 72nd Legislature, 4th Called Session). Its purpose was to organize and coordinate activities in 1993 to celebrate the bicentennial of the birth of Stephen F. Austin, the "Father of Texas," born on November 3, 1793. After the observances, the Commission was to cease its functions at the end of 1993 and submit a financial statement to the Secretary of State showing contributions, income, and expenses of the Commission during its tenure. The chairman of the Commission was Robert T. Handy.

Arrangement: Not applicable

Access Constraints: None

Use Constraints: None

Indexes or finding aids required for, or an aid to access?
None necessary, although there is a finding aid in the State Archives search room.

Gaps? None

Problems: None

Known related records in other agencies: None

Previous destructions:
Destruction requests on file in the Archives and Information Services Division of the Library and Archives Commission were checked for the Secretary of State, and none were found for this series or for equivalent or related series.

Publications based on records: None

Series data from agency schedule:
This series is obsolete, because this commission has been abolished.

Appraisal Decision:
The Stephen F. Austin Bicentennial Celebration Commission financial statement served to maintain accountability for the financing of the ceremonies of the Stephen F. Austin Bicentennial in 1993. While ceremonial, these functions were more elaborate, and hence more expensive, than those for Governor for a Day and Speaker's Day ceremonies. Although there is no designated retention period, the five years that have passed since the report probably have taken care of the accountability issue; nevertheless I think that there may be some historical research value in preserving the files permanently. Perhaps also they may have value to future committees seeking to plan (and to finance) such celebrations in the 21st century and beyond. Therefore I believe these records to be archival; the Archives and Information Services Division of the Texas State Library and Archives Commission should retain them.

Page last modified: August 31, 2011