Court clerks get immunity from liability for certain document releases if they act in good faith and follow the law and Texas Rules of Civil Procedure.
Sec. 51.609. IMMUNITY FROM LIABILITY FOR DISCLOSURE OR RELEASE OF COURT DOCUMENTS. (a) In this section: (1) "Court clerk" means the clerk of the supreme court or the court of criminal appeals or the clerk of a court of appeals district court, county court, statutory county court, statutory probate court, justice court, or municipal court. (2) "State court document database" means a database accessible by the public and established or authorized by the supreme court for storing documents filed with a court in this state. (b) A court clerk is not responsible for the management or removal of a document from a state court document database and is not liable for damages resulting from the release of a document in the database if the clerk in good faith performs the duties as clerk as provided by law and the Texas Rules of Civil Procedure. (c) If a court clerk in good faith performs the duties as a clerk as provided by law and the Texas Rules of Civil Procedure, the clerk, the county in which the court is located, and the commissioners court of the county in which the court is located are immune from suit and from liability for the release or disclosure of information that is confidential or otherwise prohibited from disclosure by law, rule, or court order and that is accessed from a state court document database. (d) A court clerk is not liable for the release of a sealed or confidential document in the clerk's custody unless the clerk acted intentionally, or with malice, reckless disregard, or gross negligence in the release of the document. Added by Acts 2019, 86th Leg., R.S., Ch. 1040 (H.B. 685), Sec. 1, eff. June 14, 2019.