General Counsel – General Correspondence, 1995-2014

Texas Governor Rick Perry:

An Inventory of Governor Rick Perry General Counsel General Correspondence at the Texas State Archives, 1995, 1999-2014

Arrangement History Scope and Contents Restrictions Related Materials Inventory

Note that these records are restricted. See the restrictions statement below for information on accessing the records.

Overview

govPerrylogoCreator: Texas. Governor (2000-2015 : Perry)
Title: Governor Rick Perry General Counsel general correspondence
Dates: 1995, 1999-2014
Abstract: The Office of the General Counsel in the Texas Governor’s Office was responsible for providing legal advice to Governor Rick Perry. The general correspondence of Texas Governor Rick Perry’s General Counsel consists of incoming and outgoing letters and attachments such as court records, legislation, and one audiocassette tape, dating 1995, 1999-2014. Topics covered in this correspondence concern executive clemency requests, inmate and parole matters, nursing homes and state health services, child protective services, legislative matters, and emergency management and disaster response services after Hurricanes Alex, Katrina, Rita, and Ike, along with fires, droughts, floods, and the West, Texas, explosion.
Quantity: 6 cubic ft. and 958 MB (2,779 files)
Language: These materials are written predominately in English with scattered Spanish throughout.
Repository: Texas State Archives


Other Finding Aids

A description of non-electronic records referenced in this finding aid are available at http://www.lib.utexas.edu/taro/tslac/50124/tsl-50124.html


Arrangement of the Records

These records are arranged roughly alphabetically in several groups as received from the Governor’s Office.


Agency History

The General Counsel position within the Texas Office of the Governor was created in October 1973 when the Executive Director of the Governor’s Criminal Justice Division appointed an individual as General Counsel, to assist him in providing statute interpretations and in other matters relating to policies and procedures. Today the Office of the General Counsel is a separate division in the Governor’s Office.

Duties of the General Counsel include providing statute interpretations; tracking inmates on death row as their cases move through the judicial process including all appeals to the governor for commutations or stays of execution; handling pardon requests sent to the governor; reviewing proposed settlements, land patents, grant requests, contracts, easements, and deeds for the governor; analyzing proposed legislation and regulations for validity and legal effect; assisting appointments staff in determining eligibility and other legal issues related to proposed appointments; handling extradition and requisition matters; coordinating ethics guidelines and training for the governor’s office; advising the governor on federal programs administered by the state; coordinating the governor’s criminal justice policy with the governor’s Policy Director; and providing legal advice and handling litigation filed against the governor or the Governor’s Office, in conjunction with actions of the Attorney General on the governor’s behalf.


Scope and Content of the Records

The Office of the General Counsel in the Texas Governor’s Office was responsible for providing legal advice to Governor Rick Perry. The general correspondence of Texas Governor Rick Perry’s General Counsel consists of incoming and outgoing letters and attachments such as court records, legislation, and one audiocassette tape, dating 1995, 1999-2014. Topics covered in this correspondence concern executive clemency requests, inmate and parole matters, nursing homes and state health services, child protective services, and legislative matters. A portion of the records include special project files related to emergency management and disaster response services after Hurricanes Alex, Katrina, Rita, and Ike, along with fires, droughts, floods, and the West, Texas, explosion.

Correspondents include state and federal officials, legislators, local officials, law firms, inmates, companies, board and commission members, and general counsel staff members. Correspondence with state agencies and commissions include Texas Department of Criminal Justice, Texas Attorney General’s office, Texas Department of Human Services, Texas Supreme Court, Texas Department of Transportation, and Texas Department of Family and Protective Services, among others. Most of the letters are addressed to Bill Jones or Brian Newby, each of whom served as general counsel to Governor Perry. A portion of the letters are addressed to Mary Ann Wiley, who served as deputy general counsel.

For constituent correspondence, please review the separate finding aid Governor Rick Perry Constituent Communication Office correspondence files.

Formats of the original electronic files include word processing or plain text files (.doc, .txt, .pdf), spreadsheets (.xls), and emails (.msg). Digital files presented for public use will generally be PDF for text documents or spreadsheets. Files in their original format are available on request; restrictions may apply.


Restrictions and Requirements

Restrictions on Access
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to: common law privacy (Texas Government Code, Section 552.101); attorney-client privilege (Texas Government Code, Section 552.107); agency memoranda (Texas Government Code, Section 552.111); email addresses (Texas Government Code, Section 552.137); social security numbers (Texas Government Code, Section 552.147); driver’s license numbers (Texas Government Code, Section 552.130); grand jury records (Texas Code of Criminal Procedure, Article 20.02); and information about inmates incarcerated by the Texas Department of Criminal Justice received from the Board of Pardons and Paroles (Texas Government Code, Section 552.101 (information confidential by law, Texas Government Code, Section 508.313)), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (Texas Government Code, Chapter 552).

Restrictions on Use
Most records created by Texas state agencies are not copyrighted. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).


The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive.

Texas State Archives
Texas Governor George W. Bush General Counsel general correspondence, 1963-1964, 1975, 1985-2000, bulk 1995-2000, 6.4 cubic ft.
Texas Governor Mark White records, 1947, 1962-1987, undated, bulk 1983-1986, 424.75 cubic ft. (see the series General Counsel files, 1947, 1962-1986, 4.3 cubic ft.)
Texas Governor Rick Perry Constituent Communication Office correspondence files, 2001-2015, undated, bulk 2001-2014, 2,636 cubic ft. and 157 GB (1,557,091 files)
Texas Governor Rick Perry General Counsel execution files, 1970-2014, bulk 1992-2014, 38 cubic ft. and 79.2 MB (50 files)
Texas Governor Rick Perry General Counsel legal opinions and advice, 2000-2014, bulk 2001-2003, 2.5 cubic ft. and 34.42 MB (42 files)
Texas Governor Rick Perry General Counsel litigation files, 1973, 1987, 1990-2014, 33 cubic ft. and 4.58 MB (5 files)

Administrative Information

Preferred Citation
(Identify the item), Texas Governor Rick Perry General Counsel general correspondence. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information
Accession numbers: 2015/067, 2015/117, 2016/170

Paper records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Office of the Governor on December 19, 2014 through March 2015 and on June 9, 2016. Electronic records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Office of the Governor on January 29, 2015.

Processing Information
Processed by Halley Grogan, May 2016


Inventory of the General Counsel general correspondence

For an inventory of the paper records please see the finding aid listed in the Other Finding Aids section.

Texas-Digital-Archive
E2015/117 Adjutant General, Texas Military Forces, June-August 2014
[National Guard request for permission to enter Texas to conduct training requirements to assist U.S. Customs and Border Patrol.]
Crime Stoppers, November 2013
Criminal Justice Division, June 2010
Economic Development:
Bank folder, May 2009
Capital Stakeholder Program, 2008-2009
Emergency Management:
Hurricane Alex, June-July 2010
Hurricane Ike, September 2008-June 2010
Hurricane Katrina, September 2005-January 2006
Hurricane Rita, 2005-2008
Drought, 2009, 2011
Fires, 2008-2009, 2011
Fireworks, 2008-2009, 2011-2012
Floods, 2008, 2012-2014
LP (liquefied petroleum) Gas, January 22, 2014
Memos, July 2008
West explosion, April-July 2013
West Nile virus, August 2012
Winter ice storm, January 2013
Research and Memos:
Abu Dhabi, August 2006
Colorado Street Mansion security, February 2011
Interns’ research, 2003-2014
SSA’s (Social Security Administration) Computer Data Agreement, April 2012
Texas Department of Transportation (TxDOT), 1995
Texas Film Commission, March 2014