Hays County Public Records
What Are Public Records in Hays County?
Public records in Hays County are defined according to the Texas Public Information Act, specifically under Texas Government Code § 552.002, which states that public information means "information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business." These records document government activities and are generally accessible to the public upon request.
Hays County maintains numerous types of public records, including:
- Court records (civil, criminal, probate, family)
- Property records (deeds, mortgages, liens, assessments)
- Vital records (birth, death, marriage, divorce certificates)
- Business records (licenses, permits, fictitious names)
- Tax records (property tax, assessment records)
- Voting and election records
- Meeting minutes and agendas (county commission, boards)
- Budget and financial documents
- Law enforcement records (arrest logs, incident reports - where allowed)
- Land use and zoning records
The Hays County Clerk's Office serves as the primary custodian for many county records, including property records, marriage licenses, assumed names, and county court records. The Hays County District Clerk maintains district court records, including felony criminal cases, civil cases, and family law matters. Property tax records are maintained by the Hays County Tax Assessor-Collector, while property appraisal records are kept by the Hays Central Appraisal District.
Is Hays County an Open Records County?
Hays County adheres to the Texas Public Information Act (TPIA), codified under Texas Government Code Chapter 552. This comprehensive state law governs public access to government records throughout Texas, including Hays County.
Under Texas Government Code § 552.021, "public information is available to the public at a minimum during the normal business hours of the governmental body." This provision establishes the fundamental right of public access to government information in Hays County.
The county follows the state's presumption of openness as outlined in § 552.001(a), which states: "Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, 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."
Hays County has implemented specific procedures for handling public information requests in compliance with state law. The county maintains a Public Information Request process that outlines how citizens can submit requests for county records.
Additionally, Hays County complies with the Texas Open Meetings Act (Texas Government Code Chapter 551), which requires governmental bodies to conduct open meetings and provide public notice of meeting times, locations, and subject matters.
How to Find Public Records in Hays County in 2026
Members of the public seeking records in Hays County may utilize several methods to locate and obtain the information they need. The county provides both in-person and online options for accessing public records.
For online access to court records, individuals may use the Hays County Courts Records portal. This system provides access to criminal case records, civil, family and probate case records, court calendars, and jail records.
To request specific records not available online, individuals may:
- Submit a Public Information Request through the county's official website
- Visit the appropriate county office in person during regular business hours
- Mail a written request to the relevant department
For property records, the Hays County Clerk's self-service portal provides online access to recorded documents. Property tax information can be accessed through the Hays County Tax Assessor-Collector's website.
When submitting a public information request, requestors should:
- Clearly identify the records sought
- Provide contact information for response
- Specify preferred format (electronic or paper)
- Include date parameters if applicable
Pursuant to Texas Government Code § 552.221, the county must "promptly produce public information for inspection, duplication, or both" upon request. The law defines "promptly" as "as soon as possible under the circumstances, that is, within a reasonable time, without delay."
How Much Does It Cost to Get Public Records in Hays County?
Hays County assesses fees for public records in accordance with guidelines established by the Texas Attorney General under Texas Government Code § 552.262. The current fee structure balances public access with cost recovery for providing records.
Standard fees for public records in Hays County include:
- Paper copies: $0.10 per page for standard letter or legal size
- Certified copies: $5.00 per document plus copy charges
- Electronic records: Varies based on format and storage medium
- Labor charges: $15.00 per hour (only applicable when request exceeds 50 pages or requires programming/manipulation)
- Overhead charges: 20% of labor charge (when labor charges apply)
The county accepts the following payment methods:
- Cash (in-person only)
- Check or money order
- Credit/debit cards (subject to processing fee)
Certain specialized records have statutorily defined fees:
- Birth certificates: $23.00 for first copy, $3.00 for additional copies
- Death certificates: $21.00 for first copy, $4.00 for additional copies
- Marriage licenses: $82.00
- Certified copies of property records: $5.00 for certification plus $1.00 per page
Under Texas Government Code § 552.267, a governmental body may waive or reduce charges if doing so is in the public interest. Additionally, § 552.261(b) prohibits charging for inspection of records unless the request requires programming or manipulation of data.
Does Hays County Have Free Public Records?
Hays County provides free inspection of most public records in accordance with Texas Government Code § 552.221, which states that "a requestor may inspect the requested information in the offices of the governmental body" without charge. This provision ensures that citizens can view public records without financial burden.
Several free online resources are available to access Hays County records:
- The Hays County website provides access to meeting agendas, minutes, and various county reports
- Commissioners Court agendas and minutes are freely available online
- The Hays County Courts Records system offers free searches of court case information
- Basic property information can be searched at no cost through the Hays Central Appraisal District
- Voter registration status can be verified for free through the Texas Secretary of State
While inspection is free, charges may apply for copies or certified documents as outlined in the fee schedule. Additionally, certain records with high public interest value may be proactively published on the county website at no cost to promote transparency and reduce the need for formal requests.
Who Can Request Public Records in Hays County?
Under the Texas Public Information Act, specifically Texas Government Code § 552.023, any person may request access to public records maintained by Hays County. The law does not restrict access based on citizenship, residency, or purpose of the request for most public records.
Key eligibility considerations include:
- Requestors need not be Texas residents
- Identification is generally not required except for specific record types
- Purpose or intended use of the information need not be disclosed
- Requestors may remain anonymous for most record types
However, certain records have restricted access based on state law:
- Medical records may only be accessed by the individual or their authorized representative
- Certain criminal history information is restricted to the subject of the record
- Juvenile records have heightened confidentiality protections
- Records containing personal identifying information may be restricted to the individual
Under Texas Government Code § 552.275, a governmental body may establish reasonable limits on the amount of time personnel are required to spend producing information for a requestor. This provision helps prevent excessive requests that could impair governmental functions.
For records containing both public and confidential information, the county must redact confidential portions and release the remainder, as required by § 552.114.
What Records Are Confidential in Hays County?
Certain records maintained by Hays County are confidential by law and exempt from public disclosure. These exemptions are primarily established under Texas Government Code Chapter 552, Subchapter C.
Records that are generally confidential include:
- Medical records (protected under § 552.101 and HIPAA)
- Personnel information including home addresses, phone numbers, social security numbers, and family information of county employees (§ 552.117)
- Juvenile records (§ 552.101 and Family Code § 58.007)
- Certain law enforcement records related to ongoing investigations (§ 552.108)
- Information related to security measures and critical infrastructure (§ 552.139)
- Social security numbers and other personal identifying information (§ 552.147)
- Certain economic development information (§ 552.131)
- Attorney-client privileged communications (§ 552.107)
- Certain audit working papers (§ 552.116)
- Certain motor vehicle records (§ 552.130)
- Birth records less than 75 years old and death records less than 25 years old (§ 552.115)
- Certain victim information in criminal cases (§ 552.1325)
Texas Government Code § 552.101 also protects information considered confidential under other laws, including federal statutes, judicial decisions, and constitutional provisions.
When a request includes both public and confidential information, Hays County must redact the confidential portions and release the remainder. If uncertain about confidentiality, the county may seek an opinion from the Texas Attorney General as provided under § 552.301.
Hays County Recorder's Office: Contact Information and Hours
Hays County Clerk's Office (Records Division)
111 E. San Antonio Street, Suite 105
San Marcos, TX 78666
(512) 393-7330
Hays County Clerk
Public Counter Hours:
Monday - Friday: 8:00 AM - 4:30 PM
Closed on weekends and county holidays
The Hays County Clerk serves as the county recorder and maintains various public records including:
- Real property records (deeds, mortgages, liens)
- Marriage licenses
- Assumed name certificates (DBA)
- Military discharge records (DD214)
- County civil and probate court records
- Commissioners Court minutes
Hays County District Clerk
Hays County Government Center
712 S. Stagecoach Trail, Suite 2211
San Marcos, TX 78666
(512) 393-7660
Hays County District Clerk
Public Counter Hours:
Monday - Friday: 8:00 AM - 5:00 PM
Closed on weekends and county holidays