County clerks in Texas are custodians of public records dealing with real estate, misdemeanor crimes, and other matters, and act as the chief local election officials in most of the state.
Each of the 254 counties of Texas has a county clerk.
Roles and Responsibilities
County clerks in Texas have the following roles and responsibilities:
- issuing marriage licenses
- serving as custodian of records for the commissioners court, which is the governing body of the county, and for civil and criminal county courts
- acting as a recorder of public records, including all bonds, deeds, birth and death certificates, and livestock brands,
- ensuring that county records are maintained in a secure manner
- serving as chief elections officer in most counties.
In most counties of Texas, county clerks and their staff are responsible for running elections. However, some Texas counties rely instead on a County Elections Administrator, a position created by the Commissioner’s Court.
Minimum Qualifications
A county clerk must meet the following qualifications at the time of appointment or election:
- U.S. Citizen
- Resident of Texas for at least 12 consecutive months
- Resident of the county for at least six consecutive months
- Registered to vote in the county
- At least 18 years of age
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote
County Clerks vs District Clerks
County clerks differ from district clerks in terms of which courts they serve. The county clerk in a county serves the county courts, while the district clerk serves the district courts, which handle felony criminal cases and higher-stakes civil litigation.
Like county clerks, district clerks are elected, unless appointed to fill a vacancy. However, in counties with a population less than 8,000, a combination county/district clerk may be elected unless the voters choose to elect separate offices.
