The State Archives Answers FAQs for Legislators
What
does the Archives want?
Under Texas Government Code § 441.006 the
Texas State Library and Archives Commission must identify, take custody
of, preserve, and make available for public use state records and other
historical resources that document the history and culture of Texas. The
staff of the State Archives has determined that many of the records produced
by the Texas Legislature, particularly the records of individual legislators,
committees, and the administrative arms, provide uniquely valuable insight
into and documentation of the role and development of Texas law and government.
According to law, therefore, when you leave office the records created
by you and your staff during your term of service must be transferred
to the Commission. Campaign files of legislators are considered personal
records and should not be transferred to the State Archives. Legislative
working files provides a summary of the types of materials that must
be sent to the State Archives.
Members and staff should consult the Records
Retention Schedule for their respective house and can talk with their
Records Management Officers. For the House, contact the Records Management
Officer James Freeman by email or at 512-463-0865. For the Senate, contact the Records Management
Officer Nancy Alliegro
by email or at 512-463-0100.
When
does the Archives want our records?
The records of State Representatives should
be formally transferred to the State Archives in accordance with the records
retention schedule of the Texas House of Representatives, specifically
three years after the representative leaves office. Official committee
records may be transferred three years after the end of term of each Chair.
The House of Representatives will store the records for the three years
following the end of term, during which time the records will remain in
the legal custody of the House.
The records of State Senators should be formally
transferred to the State Archives in accordance with the records retention
schedule of the Texas Senate, specifically at the end of the term of office.
Official committee records may be transferred when they are of no further
administrative use to the Committee.
What's
the difference between the State Archives and the State Records Center?
Once your records are transferred to the
legal custody of the Texas State Archives they become the property and
the responsibility of the Texas State Library and Archives Commission.
They cannot be transferred back to you. Generally, records transferred
to the State Archives are meant to be kept forever, however, it is possible
that a reappraisal or reevaluation of the long-term value of the records
will lead to their destruction. That decision is the prerogative of the
State Archivist. The State Archives receives and fulfills Public Information
Act requests on records in its custody. The records cannot be transferred
back. The records may be consulted during regular business hours by you
and/or your staff depending on your election under Government Code Chapter
306 and Chapter 323. See the Confidential records section
for more information. Photocopying services are available.
Records held temporarily at the State Records
Center remain your property and your responsibility. Records are in storage
for a fixed length of time. At the end of that time the records are destroyed
(with the approval of the House or Senate Records Management Officer)
or transferred to the State Archives. Records in storage at the State
Records Center that are responsive to Public Information Act requests
are the responsibility of the House or the Senate. Records in storage
may be removed or temporarily called back.
Can records be returned to my legislative
office from the State Archives?
No. Once your records are transferred to
the legal custody of the Texas State Archives they become the property
and the responsibility of the Texas State Library and Archives Commission.
The records cannot be transferred back to their creator. You or your staff
may consult the records during regular business hours depending on your
election under Government Code Chapter 306 and Chapter 323. See the Confidential
records section for more information. Photocopying services are available.
May I place my records
in an alternate depository?
Your records may be placed in one of the
Texas State Library and Archives Commission's designated Regional Historical
Resource Depositories, provided that the institution has an archivist
on staff and possesses adequate and acceptable storage space for the records.
To select a depository and to obtain approval for the transfer, please
contact the State Archivist (the position of State Archivist is vacant as of September 1, 2009; instead email
Laura Saegert, Appraisal Archivist, or call 512-463-5500). Please see our list
of depositories.
Keep in mind that when records are transferred
to a Regional Historical Resource Depository they are in the legal custody
of the Texas State Archives and they become the property and the responsibility
of the Texas State Library and Archives Commission. The records cannot
be transferred back to their creator.
Confidential
records
As a part of the transfer of records, the
Library and Archives Commission, in accordance with Texas Government Code
Chapter 306 and Chapter 323, needs a letter or formal statement from you
indicating the extent to which you wish to allow public access your communications
with citizens/residents of this state and with the Texas Legislative Council.
Government
Code Chapter 306 governs public access to certain official state records
of legislators, both in their individual capacities and as members of
legislative committees, task forces, joint committees, and other legislative
bodies. In accordance with the provisions of this statute, communications
of citizens/residents of this state to legislators, created or maintained
on or after June 12, 1985, are confidential unless disclosed/released
by the legislator. Communications affected by this law include all forms
of constituent correspondence, including letters, e-mail, telephone message
slips, etc., on any and all subjects. Government
Code Section 323.017 governs public access to communications between
a member of the legislature or the lieutenant governor and the Texas Legislative
Council.
You should be aware that providing public
access under Chapter 306 and Chapter 323 does not waive the mandatory
exceptions of the Texas Public Information Act. Legislative records must,
and will, continue to be reviewed to enforce access restrictions. Such
restrictions prevent the release, for example, of medical records, the
identities of social service benefit recipients, juvenile offender information,
or information covered by common-law privacy.
Accordingly, when you begin to transfer your
official state records to the State Archives or one of its Regional Depositories,
the Commission will send you a form (or you can print the form from the
link below) to allow you to designate the degree of access you wish to
allow the public. The form will provide you with three options, you may:
1) immediately open your communications; (which we strongly recommend);
2) close your communications until a specific day and year; or 3) permanently
close your communications to the public. If the Commission does not receive
a completed copy of this form, or other written statement of your wishes
in regard to Texas Government Code Chapter 306 and Chapter 323 before
you leave office, the Commission must, by default, permanently close your
communications. House form.
Senate form.
How do we get our records
to you?
For records in your offices:
If the archival records total 50 cubic
feet or less (about 25 file drawers), pack the records into records storage
boxes. (Records storage boxes are available from TIBH Industries -- http://www.tibh.org. The
boxes are called "Fiberboard Case Storage Box. Archive Box." You can do a Product Search for the Commodity
Code 615-37-13085). Keep the records in order and leave them in their
folders. Read Packing Instructions for
Transfer of Archival Records and Box
Assembly Instructions. Contact the Accessions Archivist (Rebecca
Romanchuk by email or call 512-475-1734) to arrange for the records'
acceptance at the State Archives.
For records totaling over 50 cubic feet,
the records are transferred to the legal custody of the State Archives,
but held at the State Records Center. You will need to provide us with
the same detailed information regarding the records to be transferred
that you would provide to the State Records Center for temporary storage
of records. Please read Information
Required when Transferring Records. Also read Preparing
Records for Storage at State Records Center. Contact the Accessions
Archivist (Rebecca Romanchuk
by email or call 512-475-1734) to arrange for the transfer.
For records at the State Records Center:
Staff of the State Records Center will notify
the House or the Senate Records Management Officer when the records have
fulfilled their storage retention and are eligible for final disposition.
Once disposition is approved and the records are archival, they will be
transferred to the State Archives.
What legislative records
are already held by the State Archives?
Descriptions of many, but not all the holdings
of the State Archives can be found on the Texas
State Library and Archives Commission's web site. For more detailed
information contact the Archives reference staff at archinfo@tsl.state.tx.us
or 512-463-5480
Contacting the State Archives
|
General information |
Archives reference staff |
Archives Information |
512-463-5480 |
|
Accessions Archivist |
Rebecca Romanchuk, Accessions Archivist |
Rebecca Romanchuk |
512-475-1734 |
|
State Archivist |
|
As of September 1, 2009 the State Archivist position is vacant; please email or call Laura Saegert, Appraisal Archivist |
512-463-5500 |
|
