Smith County Public Records
What Are Public Records in Smith County?
Public records in Smith County, Texas are official documents, files, and information created, maintained, or received by government agencies in the course of their official business. According to the Texas Public Information Act § 552.002, public records include "information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business."
Smith County maintains numerous categories of public records accessible to citizens:
- Court Records: Civil, criminal, probate, and family court cases processed through the Smith County District Clerk's Office
- Property Records: Deeds, mortgages, liens, and property assessments maintained by the County Clerk
- Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decrees
- Business Records: Business licenses, permits, and assumed name certificates (DBA)
- Tax Records: Property tax information, assessment records, and tax rolls
- Voting and Election Records: Voter registration data and election results
- Meeting Minutes and Agendas: Records of County Commissioner Court and other board meetings
- Budget and Financial Documents: County expenditures, budgets, and financial reports
- Law Enforcement Records: Arrest logs and certain incident reports (with statutory limitations)
- Land Use and Zoning Records: Planning documents, zoning maps, and permit applications
The Smith County Clerk's Office serves as the primary custodian for many county records, including property records, marriage licenses, and assumed name certificates. Court records are maintained by the District Clerk, while vital records such as birth and death certificates are available through the County Clerk's office for a limited period before being transferred to state repositories.
Is Smith County an Open Records County?
Smith County adheres to the Texas Public Information Act (TPIA) § 552.001, which establishes that "all government information is presumed to be available to the public." This fundamental principle guides the county's approach to records access.
The TPIA specifically states that "it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees."
Smith County has implemented procedures to comply with state transparency requirements. The county follows the state-mandated response timeline of 10 business days for public information requests as required under TPIA § 552.221.
Additionally, Smith County operates in accordance with Texas Open Meetings Act requirements, ensuring that government meetings remain accessible to the public. The county maintains an online portal for submitting public information requests to streamline the process for citizens seeking access to government records.
While Smith County follows state open records laws, certain records remain confidential under statutory exemptions, which are detailed in subsequent sections of this document.
How to Find Public Records in Smith County in 2026
Members of the public may access Smith County records through several established channels. The county provides multiple methods to obtain public information:
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Online Access: Many records are available through the county's official website. Citizens may search for:
- Property records through the Smith County Appraisal District
- Court case information via Smith County Judicial Records
- Commissioner's Court agendas and minutes on the county website
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In-Person Requests: Individuals may visit the appropriate county office during regular business hours:
- For property records, marriage licenses, and assumed names: Smith County Clerk's Office
- For court records: Smith County District Clerk
- For tax information: Smith County Tax Assessor-Collector
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Written Requests: Submit a written public information request to the specific department that maintains the desired records. Requests should include:
- Requestor's contact information
- Clear description of records sought
- Preferred format (paper copies, electronic files)
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Electronic Filing: Court documents may be filed electronically through the eFileTexas system, the official e-filing platform for Texas courts.
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Vital Records: Birth and death certificates can be requested through the Texas Department of State Health Services online ordering system.
For specialized records, contact the specific department directly:
- Law Enforcement Records: Contact the Smith County Sheriff's Office for incident reports and arrest records
- Property Tax Records: Visit the Smith County Appraisal District website
- Voter Registration: Contact the Smith County Elections Administrator
When requesting records, be specific about the information sought to expedite processing. Pursuant to TPIA § 552.222, county officials may ask for clarification if requests are unclear but cannot inquire about the purpose of the request.
How Much Does It Cost to Get Public Records in Smith County?
Smith County assesses fees for public records in accordance with Texas Administrative Code § 70.3, which establishes standard charges for public information. Current fees include:
- Standard Paper Copies: $0.10 per page for standard 8.5" x 11" copies
- Nonstandard Copies: Varies based on medium (CD, DVD, large format)
- Labor Charges: $15.00 per hour when applicable (for requests exceeding 50 pages or requiring programming/manipulation)
- Overhead Charge: 20% of labor charge when labor is applicable
- Certified Documents: Additional $5.00 per document
- Postage: Actual cost if mailed
Specific record types carry statutorily defined fees:
- Birth Certificates: $23.00 for the first copy
- Death Certificates: $21.00 for the first copy, $4.00 for additional copies
- Marriage Licenses: $82.00 to issue; $8.00 for certified copies
- Deed Records: $26.00 for first page, $4.00 for each additional page
- Court Records: Vary by case type and document requested
Payment methods accepted by Smith County offices include:
- Cash (in-person only)
- Personal checks
- Money orders
- Credit cards (subject to processing fee)
Fee waivers or reductions may be available in certain circumstances. Under TPIA § 552.267, a governmental body may waive or reduce charges if doing so is in the public interest. Additionally, § 552.261(d) allows for fee waivers when the cost of collecting the fee exceeds the amount of the fee.
Requestors should note that examination of records in person is typically available without charge, provided the records are readily available and do not require extensive retrieval or redaction.
Does Smith County Have Free Public Records?
Smith County provides several avenues for accessing public records at no cost:
In-person inspection of readily available public records is free of charge under the Texas Public Information Act. Citizens may visit the appropriate county office during regular business hours to examine records without paying fees, provided the records:
- Are readily available
- Do not require extensive programming or data manipulation
- Do not contain confidential information requiring redaction
The following resources offer free access to public information:
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Smith County Website: The official county website provides free access to:
- Commissioner's Court agendas and minutes
- County budget documents
- Public notices and announcements
- Department contact information
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Smith County Appraisal District: The online property search allows free access to property ownership and valuation information.
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Smith County Elections: Voter information, polling locations, and election results are available at no cost through the Elections Administration office.
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Court Docket Information: Basic case information is accessible through the Smith County Judicial Records search, though detailed documents may require payment.
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Public Meeting Access: Attendance at County Commissioner Court meetings and other public meetings is free and open to all citizens.
Pursuant to TPIA § 552.272, a governmental body shall provide a copy of public information without charge when the cost of processing the collection of a charge would exceed the amount of the charge.
Who Can Request Public Records in Smith County?
Under the Texas Public Information Act § 552.023, "all government information is presumed to be available to the public." The Act establishes broad eligibility for records requestors:
- Any person, regardless of citizenship or residency status, may request public records
- Requestors are not required to state a reason or purpose for their request
- Requestors may remain anonymous, though contact information is necessary for response
- Government officials cannot inquire about the intended use of the information
Specific considerations apply to certain record types:
For General Public Records:
- No identification is typically required
- No residency requirements exist
- No statement of purpose is needed
For Restricted Records:
- Birth certificates: Available only to the person named on the certificate, immediate family members, legal representatives, or those with a direct and tangible interest as defined by Texas Health and Safety Code § 191.051
- Criminal history information: Complete records available to the subject of the record; limited information available to the public
- Property records: Available to anyone, with certain personal information redacted
For Records About Oneself:
- Individuals have special right of access to information about themselves under TPIA § 552.023
- Proper identification is required when requesting personal records
- Authorization forms may be required when requesting records on behalf of another person
Government agencies in Smith County may not:
- Ask why the information is being requested
- Require the requestor to identify themselves (except for restricted records)
- Limit access based on intended use of the information
- Require requests to be made on specific forms (though they may offer optional forms)
What Records Are Confidential in Smith County?
Smith County maintains certain records as confidential in accordance with exemptions established under the Texas Public Information Act § 552.101-152. These protected records include:
- Personal Identifying Information: Social Security numbers, driver's license numbers, and financial account information are protected under TPIA § 552.147 and § 552.136
- Medical Records: Health information protected under HIPAA and TPIA § 552.115
- Juvenile Records: Court and law enforcement records involving minors, as specified in Texas Family Code § 58.007
- Ongoing Investigations: Records related to active law enforcement investigations under TPIA § 552.108
- Attorney-Client Communications: Legal advice and attorney work product under TPIA § 552.107
- Certain Personnel Information: Home addresses, phone numbers, emergency contact information, and family information of public employees under TPIA § 552.117
- Victim Information: Details about crime victims, particularly for sexual assault cases, under TPIA § 552.132
- Critical Infrastructure: Information related to security systems, emergency response plans, and infrastructure vulnerabilities under TPIA § 552.139
- Sealed Court Records: Records sealed by court order, including certain family law matters and expunged criminal records
- Adoption Records: Information about adoptions, which remains confidential under Texas Family Code § 162.022
- Trade Secrets: Proprietary business information submitted to government agencies under TPIA § 552.110
- Test Items: Standardized test questions and assessment instruments under TPIA § 552.122
When records contain both public and confidential information, Smith County officials must redact the confidential portions while releasing the public information, as required by TPIA § 552.114. The county applies the "public interest test" when determining whether discretionary exceptions apply to certain information.
Requestors seeking information that may contain confidential elements should be specific about the records sought. County officials are required to seek an Attorney General's opinion when they believe requested information falls under an exception to disclosure.
Smith County Recorder's Office: Contact Information and Hours
Smith County Clerk's Office
200 E. Ferguson, Suite 300
Tyler, TX 75702
(903) 590-4601
Smith County Clerk
Regular Office Hours:
Monday - Friday: 8:00 AM - 4:30 PM
Closed on weekends and county-observed holidays
Services Provided:
- Recording of deeds, mortgages, and other property documents
- Issuance of marriage licenses
- Filing of assumed name certificates (DBA)
- Maintaining county court records
- Processing of birth and death certificates (within 1 year of event)
- Passport application processing (by appointment only)
- Administering oaths and taking affidavits
- Maintaining Commissioner's Court records
Smith County District Clerk's Office
100 N. Broadway, Room 204
Tyler, TX 75702
(903) 590-1660
Smith County District Clerk
Regular Office Hours:
Monday - Friday: 8:00 AM - 5:00 PM
Closed on weekends and county-observed holidays
Services Provided:
- Maintaining district court records
- Processing jury summons
- Filing of civil and criminal cases
- Passport application processing
- Child support payment processing
Smith County Tax Office
1517 W. Front Street
Tyler, TX 75702
(903) 590-2920
Smith County Tax Office
Regular Office Hours:
Monday - Friday: 8:00 AM - 4:30 PM
Closed on weekends and county-observed holidays