Yes it is a bad situation but one that has existed for many years in every county that puts the images online. Anyone who trusts these websites is taking a horrible risk if you do not verify all your research with a trip to the County Courthouse. I have yet to find a County Website that does not provide the same warning in their disclaimer or TOS.

As far as whether the disclaimer removes the county from liability for removal of records, my guess is that it does. Remember, the clerk did not remove anything from the official records. Official records were always available at the courthouse for the public to view. Only the records displayed on the website were removed and the website disclaimer clearly warns anyone who uses the website that records displayed may not be complete and are not the official records.

Yes the records displayed on county websites are "public records" but they are not the Official Public Records . It also depends on who you think the "public" is. Is it anyone, from anywhere in the world  who has access to internet and a desire to exploit the records for whatever purpose? Texas doesn't require clerks to publish records online where just anyone can access them and it isn't what the public of Texas wants. Clerks who publish images online do so at their own political risk.

 I've never seen any disclaimer posted at the courthouse denying liability. I've only seen these disclaimers posted on websites. Local officials are responsible to their voters and not the wishes of people outside their jurisdiction.

As far as where this leaves people who rely on online databases, all I can say is I wouldn't want to be in your shoes when a judge or your liability carrier asked you, "Did You Read the Disclaimer"?