Local Government Records Act
Local Government Bulletin D
Fifth edition, September 1999
(incorporating amendments, effective September 1999, enacted by
the 76th Legislature)
This bulletin contains the text of the Local Government Records
Act of 1989 (Chapters 201 to 205, Local Government Code) and provisions
of Chapter 441, Government Code, relating to the administration
of the Act.
Contents
202.001. Destruction of Records
202.002. Litigation and Open
Records Requests
202.003. Method of Destruction
202.004. Alienation of Records
202.005. Right of Recovery
202.006. Destruction of Nonrecord
Material
202.007. Personal Liability
202.008. Penalty: Destruction
or Alienation of Record
202.009. Penalty: Possession
of Record by Private Entity
Chapter 203. Management and
Preservation of Records Subchapter
A. Elective County Offices
203.001. Records Management
Officer
203.002. Duties and Responsibilities
of Elected County Officers as Records Management Officers
203.003. Duties of Commissioners
Court
203.004. Director and Librarian
203.005. Records Management
Program to be Established
B. All Other Local Government
Offices
203.021. Duties and Responsibilities
of Governing Body
203.022. Duties and Responsibilities
of Custodians
203.023. Duties of Records
Management Officers
203.024. Director and Librarian
203.025. Designation of
Records Management Officer
203.026. Records Management
Program to be Established
C. Records Control Schedules
203.041. Preparation and
Filing of Records Control Schedules
203.042. Retention Periods
203.043. Filing of Records
Control Schedules
203.044. Initial Destruction
of Obsolete Records
203.045. Destruction of
Unscheduled Records
203.046. Recordkeeping Requirements
203.047. New Local Governments
203.048. Care of Records
of Permanent Value
203.049. Transfer of Records
of Permanent Value
203.050. Inspection of Permanent
Records
Chapter 204. Microfilming
of Records
204.001. Definitions
204.002. Authorization
204.003. Microfilm Produced
Under Prior Law
204.004. Standards and Procedures
204.005. Rules to be Updated
204.006. Indexing
204.007. Destruction of
Original Records
204.008. Destruction of
Permanent Records
204.009. Microfilm of Permanent
Records to be Supplied
204.010. Commercial Microfilm
Storage Facilities
204.011. Effective as Original
Record
Chapter 205. Electronic Storage
of Records
205.001. Definitions
205.002. Authorization
205.003. Standards and Procedures
to be Adopted
205.004. Rules to be Updated
205.005. Supreme Court Rules
205.006. Index
205.007. Electronic Storage
Authorization Requests
205.008. Destruction of
Source Documents
205.009. Denial of Access
Prohibited
Texas Government Code, Subchapter
J, Chapter 441, Libraries and Archives
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Records Provisions Applying to More than One
Type of Government
Local Government Code, Subchapter C
Chapter 201. General Provisions
Section 201.001. Short Title.
This subtitle may be cited as the Local Government Records Act.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989.
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Section 201.002. Purpose.
Recognizing that the citizens of the state have a right to expect,
and the state has an obligation to foster, efficient and cost-effective
government and recognizing the central importance of local government
records in the lives of all citizens, the legislature finds that:
(1) the efficient management of local government records is
necessary to the effective and economic operation of local and
state government;
(2) the preservation of local government records of permanent
value is necessary to provide the people of the state with resources
concerning their history and to document their rights of citizenship
and property;
(3) convenient access to advice and assistance based on well-established
and professionally recognized records management techniques
and practices is necessary to promote the establishment of sound
records management programs in local governments, and the state
can provide the assistance impartially and uniformly; and
(4) the establishment of uniform standards and procedures for
the maintenance, preservation, microfilming, or other disposition
of local government records is necessary to fulfill these important
public purposes.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989.
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Section 201.003. Definitions.
In this subtitle:
(1) "Commission" means the Texas State Library and Archives
Commission.
(2) "Custodian" means the appointed or elected public officer
who by the state constitution, state law, ordinance, or administrative
policy is in charge of an office that creates or receives local
government records.
(3) "Designee" means an employee of the commission designated
by the director and librarian as provided by Section 441.167,
Government Code.
(4) "Director and librarian" means the executive and administrative
officer of the Texas State Library and Archives Commission.
(5) "Essential record" means any local government record necessary
to the resumption or continuation of government operations in
an emergency or disaster, to the re-creation of the legal and
financial status of the government, or to the protection and
fulfillment of obligations to the people of the state.
(6) "Governing body" means the court, council, board, commission,
or other body established or authorized by law to govern the
operations of a local government. In those instances in which
authority over an office or department of a local government
is shared by two or more governing bodies or by a governing
body and the state, the governing body, for the purposes of
this subtitle only, is the governing body that provides most
of the operational funding for the office or department.
(7) "Local government" means a county, including all district
and precinct offices of a county, municipality, public school
district, appraisal district, or any other special-purpose district
or authority.
(8) "Local government record" means any document, paper, letter,
book, map, photograph, sound or video recording, microfilm,
magnetic tape, electronic medium, or other information recording
medium, regardless of physical form or characteristic and regardless
of whether public access to it is open or restricted under the
laws of the state, created or received by a local government
or any of its officers or employees pursuant to law, including
an ordinance, or in the transaction of public business. The
term does not include:
(A) extra identical copies of documents created only for
convenience of reference or research by officers or employees
of the local government;
(B) notes, journals, diaries, and similar documents created
by an officer or employee of the local government for the
officer's or employee's personal convenience;
(C) blank forms;
(D) stocks of publications;
(E) library and museum materials acquired solely for the
purposes of reference or display;
(F) copies of documents in any media furnished to members
of the public to which they are entitled under Chapter 552,
Government Code, or other state law; or
(G) any records, correspondence, notes, memoranda, or documents
other than a final written agreement described by Section
2009.054(c), Government Code, associated with a matter conducted
under an alternative dispute resolution procedure in which
personnel of a state department or institution, local government,
special district, or other political subdivision of the state
participated as a party, facilitated as an impartial third
party, or facilitated as the administrator of a dispute resolution
system or organization.
(9) "Office" means any office, department, division, program,
commission, bureau, board, committee, or similar entity of a
local government.
(10) "Permanent record" or "record of permanent value" means
any local government record for which the retention period on
a records retention schedule issued by the commission is given
as permanent.
(11) "Record" means a local government record.
(12) "Records control schedule" means a document prepared by
or under the authority of the records management officer listing
the records maintained by a local government or an elective
county office, their retention periods, and other records disposition
information that the records management program in each local
government or elective county office may require.
(13) "Records management" means the application of management
techniques to the creation, use, maintenance, retention, preservation,
and disposal of records for the purposes of reducing the costs
and improving the efficiency of recordkeeping. The term includes
the development of records control schedules, the management
of filing and information retrieval systems, the protection
of essential and permanent records, the economical and space-effective
storage of inactive records, control over the creation and distribution
of forms, reports, and correspondence, and the management of
micrographics and electronic and other records storage systems.
(14) "Records management officer" means the person identified
under Section 203.001 or designated under Section 203.025 as
the records management officer.
(15) "Records retention schedule" means a document issued by
the Texas State Library and Archives Commission under authority
of Subchapter J, Chapter 441, Government Code, establishing
mandatory retention periods for local government records.
(16) "Retention period" means the minimum time that must pass
after the creation, recording, or receipt of a record, or the
fulfillment of certain actions associated with a record, before
it is eligible for destruction.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90),
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 31, Sec. 3, eff. Sept.
1, 1997; HB 826, 76th Leg.
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Section 201.004. Record Books.
If a state law relating to the keeping of records by a local government
officer or employee requires the records to be kept in a "book,"
"record book," or "well-bound book," or contains any similar requirement
that a record be maintained in bound paper form, the record whose
creation is called for in the provision may be maintained on microfilm
or stored electronically in accordance with the requirements of
Chapters 204 and 205 and rules adopted under those chapters unless
the law specifically prohibits those methods.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989.
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Section 201.005. Declaration of Records as
Public Property; Access.
(a) Local government records created or received in the transaction
of official business or the creation or maintenance of which were
paid for by public funds are declared to be public property and
are subject to the provisions of this subtitle and Subchapter
J, Chapter 441, Government Code.
(b) A local government officer or employee does not have, by
virtue of the officer's or employee's position, any personal or
property right to a local government record even though the officer
or employee developed or compiled it.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989.
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Section 201.006. Records to be Delivered
to Successor in Office.
(a) A custodian of local government records shall, at the expiration
of the custodian's term of office, appointment, or employment,
deliver to the custodian's successor, if there is one, all local
government records in custody. If there is no successor, the governing
body shall determine which officer of the local government shall
have custody.
(b) If the functions of an office of one local government are
assumed by another local government, the governing bodies of the
two local governments shall determine in which local government
custody of the records of the office shall be vested.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989.
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Section 201.007. Records of Abolished Local
Governments.
(a) If a local government is abolished or declared void pursuant
to state law, the records of the local government shall be dealt
with according to this section.
(b) After the settlement of the outstanding indebtedness of an
abolished municipality and the satisfaction of the other applicable
requirements of Chapter 62, Local Government Code, the municipality's
governing body at the time the municipality is abolished, or the
receiver or trustees if appointed by a court, shall transfer the
records of the municipality to the custody of the General Services
Commission. A record of an abolished municipality may not be sold
to satisfy an outstanding indebtedness.
(c) After the settlement of the outstanding indebtedness of an
abolished special-purpose district or authority, other than a
school district, and the satisfaction of the other applicable
requirements of state law establishing or permitting the establishment
of the district or authority or governing its abolition, the district's
governing body at the time the district is abolished shall transfer
the records of the district to the custody of the General Services
Commission. A record of an abolished special-purpose district
or authority may not be sold to satisfy an outstanding indebtedness.
(d) As an exception to Subsections (b) and (c), if some or all
of the functions of an abolished municipality or special-purpose
district or authority, other than a school district, are assumed
by another local government, the records of the abolished local
government relating to the assumed functions shall be transferred
to the appropriate offices of the local government assuming the
functions.
(e) The records of annexed, consolidated, or abolished school
districts shall be transferred as provided by this subsection.
The records of an annexed school district shall be transferred
to the custody of the governing body of the school district to
which the abolished school district has been annexed. The records
of each of two or more school districts that have been consolidated
shall be transferred to the custody of the governing body of the
consolidated school district. The records of an abolished school
district whose entire territory is annexed to another school district
shall be transferred to the custody of the governing body of that
school district. The commissioner of education shall determine
to which governing body custody of the records of an abolished
school district shall be transferred in those instances in which
the territory of the abolished district is divided among two or
more school districts.
(f) The cost of transfer of records to the General Services Commission
under this section shall be paid for out of funds of the abolished
local government. If funds of the local government are not available
for this purpose, the cost of the transfer shall be paid out of
the funds of the General Services Commission.
(g) The records retention schedules issued by the commission
shall be used, as far as practicable, as the basis for the retention
and disposition of local government records transferred to the
custody of the General Services Commission under this section.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 558, Sec. 1, eff.
Sept. 1, 1997.
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Section 201.008. Records of Abolished Offices
of County Superintendents of Schools.
(a) Records of an office of county superintendent of schools
or county superintendent of education abolished under Section
17.95, Education Code, before September 1, 1989, that are still
in the possession of a custodian of county records or a county
officer shall be transferred to the custody of the commission
by order of the director and librarian.
(b) The director and librarian shall determine the time and manner
of the transfer of the records on a county-by-county basis. The
cost of the transfer shall be paid for out of funds of the commission.
(c) The county judge of a county in which a custodian of county
records has possession of the records of an abolished office of
the county superintendent of schools may petition the director
and librarian to allow the county to retain all or part of the
records and the director and librarian may grant the petition.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989. Acts 1997, 75th Leg., ch. 165, Sec. 6.70,
eff. Sept. 1, 1997.
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Section 201.009. Access to Records.
(a) Local government records are subject to Chapter 424, Acts
of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
Vernon's Texas Civil Statutes).
(b) Any local government record to which public access is denied
under Chapter 424, Acts of the 63rd Legislature, Regular Session,
1973 (Article 6252-17a, Vernon's Texas Civil Statutes), is, if
still in existence, open to public inspection 75 years after it
was originally created or received. However, a birth record maintained
by a local registrar is, if still in existence, open to public
inspection 100 years after it was originally created or received
and a death record maintained by a local registrar is, if still
in existence, open to public inspection 55 years after it was
originally created or received. This subsection does not limit
the authority of a governing body or an elected county officer
to establish retention periods for records under Section 203.042.
(c) Subsection (b) does not apply to a local government record
whose public disclosure is prohibited by an order of a court or
by another state law.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989. Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90),
eff. Sept. 1, 1995.
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Chapter 202. Destruction and Alienation of
Records.
Section 202.001. Destruction of Records.
(a) A local government record may be destroyed if:
(1) the record is listed on a records control schedule accepted
for filing by the director and librarian as provided by Section
203.041 and either its retention period has expired or it has
been microfilmed or stored electronically in accordance with
the requirements of Chapters 204 and 205;
(2) the record appears on a list of obsolete records approved
by the director and librarian as provided by Section 203.044;
or
(3) a destruction request is filed with and approved by the
director and librarian as provided by Section 203.045 for a
record not listed on an approved control schedule.
(b) The following records may be destroyed without meeting the
conditions of Subsection (a):
(1) records the destruction or obliteration of which is directed
by an expunction order issued by a district court pursuant to
state law; and
(2) records defined as exempt from scheduling or filing requirements
by rules adopted by the commission or listed as exempt in a
records retention schedule issued by the commission.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 202.002. Litigation and Open Records
Requests.
(a) Regardless of any other provision of this subtitle or rules
adopted under it, a local government record the subject matter
of which is known by the custodian to be in litigation may not
be destroyed until the litigation is settled.
(b) Regardless of any other provision of this subtitle or rules
adopted under it, a local government record subject to a request
under Chapter 424, Acts of the 63rd Legislature, Regular Session,
1973 (Article 6252-17a, Vernon's Texas Civil Statutes), may not
be destroyed until the request is resolved.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(90), eff. Sept. 1, 1995.
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Section 202.003. Method of Destruction.
(a) A local government record may be destroyed by burning, shredding,
pulping, or burial in a landfill or by sale or donation for recycling
purposes except as provided by Subsection (b).
(b) Records to which public access is restricted under Chapter
424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
6252-17a, Vernon's Texas Civil Statutes), or other state law may
be destroyed only by burning, pulping, or shredding.
(c) A local government that sells or donates records for recycling
purposes shall establish procedures for ensuring that the records
are rendered unrecognizable as local government records by the
recycler.
(d) The director and librarian may approve other methods of destruction
that render the records unrecognizable as local government records.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76,
Sec. 5.95(90), eff. Sept. 1, 1995.
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Section 202.004. Alienation of Records.
(a) A local government record may be sold or donated, loaned,
transferred, or otherwise passed out of the custody of a local
government to any public institution of higher education, public
museum, public library, or other public entity with the approval
of the local government's records management officer and after
the expiration of the record's retention period under the local
government's records control schedule.
(b) A local government record may not be sold or donated (except
for the purposes of recycling), loaned, transferred, or otherwise
passed out of the custody of a local government to any private
college or university, private museum or library, private organization
of any type, or an individual, except with the consent of the
director and librarian and after the expiration of its retention
period under the local government's records control schedule.
(c) A records management officer or custodian may temporarily
transfer a local government record to a person for the purposes
of microfilming, duplication, conversion to electronic media,
restoration, or similar records management and preservation procedures.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86,
Sec. 28, eff. Sept. 1995.
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Section 202.005. Right of Recovery.
(a) The governing body may demand and receive from any person
any local government record in private possession created or received
by the local government the removal of which was not authorized
by law.
(b) If the person in possession of a local government record
refuses to deliver the record on demand, the governing body may
petition the district court of the county in which the person
resides for the return of the record. If the court finds that
the record is a local government record, the court shall order
the return of the record.
(c) As part of the petition to the district court or at any time
after its filing, the governing body may petition to have the
record seized pending the determination of the court if the governing
body finds the record is in danger of being destroyed, mutilated,
altered, secreted, or removed from the state.
(d) The director and librarian may demand and receive from any
person any local government record of permanent value in private
possession.
(e) If the person in possession of the local government record
of permanent value refuses to deliver the record on demand, the
director and librarian may ask the attorney general to petition
for the recovery of the record as provided by this section. As
part of the petition or at any time after its filing, the attorney
general may petition to have the record seized pending the determination
of the court if the governing body finds the record is in danger
of being destroyed, mutilated, altered, secreted, or removed from
the state.
(f) A local government record recovered as the result of a petition
by the attorney general shall be transferred to the custody of
the commission or, at the discretion of the director and librarian,
be returned to the local government that originally had custody
of the record.
(g) If a local government refuses to deliver custody of a record
to the commission as provided by Section 201.007, 201.008, or
203.050, the director and librarian may ask the attorney general
to petition for recovery of the record. If the court determines
that the director and librarian has acted in accordance with Section
201.007, 201.008, or 203.050, as applicable, and with regard to
Section 203.050, the court finds that the survival of the record
is imperiled, the court shall order the record to be transferred
to the custody of the commission.
(h) If a governing body petitions a court for the recovery of
a record under Subsection (b) and prevails or if the attorney
general petitions a court for the recovery of a record under Subsection
(e) or (g) and prevails, the court shall award attorney's fees
and court costs to the prevailing party.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 202.006. Destruction of Nonrecord
Material.
(a) Material that is not included in the definition of a local
government record and is described by Section 201.003(8)(A), (B),
or (C) may be disposed of at the discretion of the custodian or
the creator of the document, as applicable, subject to any policies
developed in each local government or elective county office regarding
the destruction.
(b) Extra identical copies of a local government record to which
public access is restricted under Chapter 424, Acts of the 63rd
Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
Texas Civil Statutes), or other state law may be destroyed only
by burning, pulping, or shredding.
Source: Amended by Acts 1989, 71st Leg., ch. 1248, Sec.
1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76,
Sec. 5.95(90), eff. Sept. 1, 1995.
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Section 202.007. Personal Liability.
A custodian of local government records, records management officer,
or other officer or employee of a local government may not be held
personally liable for the destruction of a local government record
if the destruction is in compliance with this subtitle and rules
adopted under it.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 202.008. Penalty: Destruction or
Alienation of Record.
An officer or employee of a local government commits an offense
if the officer or employee knowingly or intentionally violates this
subtitle or rules adopted under it by destroying or alienating a
local government record in contravention of this subtitle or by
intentionally failing to deliver records to a successor in office
as provided by Section 201.006(a). An offense under this section
is a Class A misdemeanor.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 202.009. Penalty: Possession of Record
by Private Entity.
(a) A private college or university, a private museum or library,
a private organization of any other type, or an individual commits
an offense if the entity knowingly or intentionally acquires or
possesses a local government record. An offense under this subsection
is a Class A misdemeanor.
(b) It is a defense to prosecution under this section that a
private college, university, museum, or library, by agreement
with the commission under Subchapter J, Chapter 441, Government
Code, provides physical housing for a local government record
the title to which has been vested in the commission.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Chapter 203. Management and Preservation of
Records
Subchapter A. Elective County Offices
Section 203.001. Records Management Officer.
Each elected county officer is the records management officer for
the records of the officer's office.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.002. Duties and Responsibilities
of Elected County Officers as Records Management Officers.
The elected county officer shall:
(1) develop policies and procedures for the administration
of an active and continuing records management program;
(2) administer the records management program so as to reduce
the costs and improve the efficiency of recordkeeping;
(3) prepare and file with the director and librarian the records
control schedules and amended schedules required by Section
203.041 and the list of obsolete records as provided by Section
203.044;
(4) prepare requests for authorization to destroy records not
on an approved control schedule as provided by Section 203.045,
requests to destroy the originals of permanent records that
have been microfilmed as provided by Section 204.008, and electronic
storage authorization requests as provided by Section 205.007;
(5) identify and take adequate steps to preserve records that
are of permanent value;
(6) identify and take adequate steps to protect the essential
records of the office;
(7) ensure that the maintenance, preservation, microfilming,
destruction, or other disposition of records is carried out
in accordance with the policies and procedures of the records
management program and the requirements of this subtitle and
rules adopted under it; and
(8) cooperate with the commission in its conduct of statewide
records management surveys.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.003. Duties of Commissioners
Court.
The commissioners court of each county shall:
(1) promote and support the efficient and economical management
of records of all elective offices in the county to enable elected
county officers to conform to this subtitle and rules adopted
under it;
(2) facilitate the creation and maintenance of records containing
adequate and proper documentation of the organization, functions,
policies, decisions, procedures, and essential transactions
of each elective office and designed to furnish the information
necessary to protect the legal and financial rights of the local
government, the state, and the persons affected by the activities
of the local government;
(3) facilitate the identification and preservation of the records
of elective offices that are of permanent value;
(4) facilitate the identification and protection of the essential
records of elective offices;
(5) establish a county clerk records management and preservation
fund for fees subject to Section 118.0216, and approve in advance
any expenditures from the fund; and
(6) establish a records management and preservation fund for
the records management and preservation fees authorized under
Sections 118.052, 118.0546, and 118.0645, Section 51.317, Government
Code, and Article 102.005(d), Code of Criminal Procedure, and
approve in advance any expenditures from the fund, which may
be spent only for records management, preservation, or automation
purposes in the county.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 675, Sec.
4, eff. Sept. 1, 1993.
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Section 203.004. Director and Librarian.
The director and librarian shall provide advice and assistance
to records management officers in establishing records management
programs and in carrying out the other requirements of this subtitle
and rules adopted under it.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.005. Records Management Program
to be Established.
(a) On or before January 1, 1991, each elected county officer
shall adopt a written plan establishing an active and continuing
program for the efficient and economical management of the records
of the elective office of which the elected officer is custodian.
(b) The plan must provide policies, methods, and procedures to
fulfill the duties and responsibilities set out in Section 203.002
concerning the management and preservation of records. The plan
may establish additional policies or procedures for the operation
of the records management program that are consistent with the
requirements of this subtitle and rules adopted under it.
(c) A copy of the plan must be filed by the elected county officer
with the director and librarian within 30 days after the date
of its adoption.
(d) A plan establishing or relating to a records management program
adopted before September 1, 1989, must be amended if any provision
of the plan is in conflict with this subtitle or a rule adopted
under it. A copy of the amended plan shall be filed with the director
and librarian as provided by Subsection (c).
(e) A copy of an amended plan relating to the establishment or
operation of the records management plan must be filed with the
director and librarian within 30 days after the date of its adoption.
(f) The director and librarian or the designee of the director
and librarian shall within a reasonable time bring to the attention
of the elected county officer in writing any aspect of a plan
filed in the office of the director and librarian or that otherwise
comes to the attention of the director and librarian that is inconsistent
with requirements of this subtitle or rules adopted under it.
(g) An elected county officer is authorized, instead of or in
conjunction with submitting a plan and establishing an independent
records program for the elective office, to participate in a county
program established as provided by Subchapter B or in one or more
specific components of a county program and to authorize the records
management officer of the county program to act as the records
management officer for the records of the elective office.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
[Sections 203.006-203.020 reserved for expansion]
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Subchapter B. All Other Local Government Offices
Section 203.021. Duties and Responsibilities
of Governing Body.
The governing body of a local government, including a commissioners
court with regard to nonelective county offices, shall:
(1) establish, promote, and support an active and continuing
program for the efficient and economical management of all local
government records;
(2) cause policies and procedures to be developed for the administration
of the program under the direction of the records management
officer;
(3) facilitate the creation and maintenance of local government
records containing adequate and proper documentation of the
organization, functions, policies, decisions, procedures, and
essential transactions of the local government and designed
to furnish the information necessary to protect the legal and
financial rights of the local government, the state, and persons
affected by the activities of the local government;
(4) facilitate the identification and preservation of local
government records that are of permanent value;
(5) facilitate the identification and protection of essential
local government records; and
(6) cooperate with the commission in its conduct of statewide
records management surveys.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.022. Duties and Responsibilities
of Custodians.
(a) Custodians of records in each local government shall:
(1) cooperate with the records management officer in carrying
out the policies and procedures established by the local government
for the efficient and economical management of records and in
carrying out the requirements of this subtitle;
(2) adequately document the transaction of government business
and the services, programs, and duties for which the custodian
and the custodian's staff are responsible; and
(3) maintain the records in the custodian's care and carry
out their preservation, microfilming, destruction, or other
disposition only in accordance with the policies and procedures
of the local government's records management program and the
requirements of this subtitle and rules adopted under it.
(b) State law relating to the duties, other responsibilities,
or recordkeeping requirements of a custodian of local government
records do not exempt the custodian or the records in the custodian's
care from the application of this subtitle and rules adopted under
it and may not be used by the custodian as a basis for refusal
to participate in the records management program of the local
government whose establishment is required by this chapter.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.023. Duties of Records Management
Officers.
The records management officer in each local government shall:
(1) assist in establishing and developing policies and procedures
for a records management program for the local government;
(2) administer the records management program and provide assistance
to custodians for the purposes of reducing the costs and improving
the efficiency of recordkeeping;
(3) in cooperation with the custodians of the records:
(A) prepare and file with the director and librarian the
records control schedules and amended schedules required by
Section 203.041 and the list of obsolete records as provided
by Section 203.044; and
(B) prepare or direct the preparation of requests for authorization
to destroy records not on an approved control schedule as
provided by Section 203.045, of requests to destroy the originals
of permanent records that have been microfilmed as provided
by Section 204.008, and of electronic storage authorization
requests as provided by Section 205.007.
(4) in cooperation with custodians, identify and take adequate
steps to preserve local government records that are of permanent
value;
(5) in cooperation with custodians, identify and take adequate
steps to protect essential local government records;
(6) in cooperation with custodians, ensure that the maintenance,
preservation, microfilming, destruction, or other disposition
of records is carried out in accordance with the policies and
procedures of the local government's records management program
and the requirements of this subtitle and rules adopted under
it;
(7) disseminate to the governing body and custodians information
concerning state laws, administrative rules, and the policies
of the government relating to local government records; and
(8) in cooperation with custodians, establish procedures to
ensure that the handling of records in any context of the records
management program by the records management officer or those
under the officer's authority is carried out with due regard
for:
(A) the duties and responsibilities of custodians that may
be imposed by law; and
(B) the confidentiality of information in records to which
access is restricted by law.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.024. Director and Librarian.
The director and librarian shall provide advice and assistance
to governing bodies, custodians, and records management officers
in establishing records management programs and in carrying out
the other requirements of this subtitle and rules adopted under
it.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.025. Designation of Records Management
Officer.
(a) On or before June 1, 1990, the governing body of each local
government shall designate a records management officer by:
(1) designating an individual; or
(2) designating an office or position, the holder of which
shall be the records management officer.
(b) The name, office, or position of the records management officer
shall be entered on the minutes of the governing body.
(c) The name or the name and office or position of the records
management officer shall be filed by the records management officer
with the director and librarian within 30 days after the date
of the designation.
(d) The designation of a new individual or a new office or position
shall be entered on the minutes and reported by the records management
officer to the director and librarian in the same manner as the
original designation.
(e) If the order designating a records management officer designates
an office or position rather than an individual, a new holder
of that office or position must file the holder's name with the
director and librarian within 30 days after the date of assuming
the office or position.
(f) Through an agreement or contract under The Interlocal Cooperation
Act (Article 4413(32c), Vernon's Texas Civil Statutes), a person
may serve as records management officer to more than one local
government if the person is employed by one of the local governments
that is party to the contract or agreement or employed by an administrative
agency that is created by the contract or agreement.
(g) An elected county officer may not be designated as records
management officer for the nonelective offices of a county without
the county officer's consent.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.026. Records Management Program
to be Established.
(a) On or before January 1, 1991, each governing body by ordinance
or order, as appropriate, shall establish a records management
program to be administered by the records management officer.
(b) The ordinance or order must provide methods and procedures
to enable the governing body, custodians, and the records management
officer to fulfill the duties and responsibilities set out in
Sections 203.021, 203.022, and 203.023 concerning the management
and preservation of records. The ordinance or order may prescribe
any policies or procedures for the operation of the records management
program that are consistent with the requirements of this subtitle
and rules adopted under it.
(c) A copy of the ordinance or order must be filed by the records
management officer with the director and librarian within 30 days
after the date of its adoption.
(d) An ordinance or order establishing or relating to a records
management program adopted before September 1, 1989, must be amended
if any provision of the ordinance or order is in conflict with
this subtitle or a rule adopted under it. A copy of the amended
ordinance or order shall be filed with the director and librarian
as provided by Subsection (c).
(e) A copy of an amended ordinance or revised order relating
to the establishment or operation of the records management program
must be filed by the governing body with the director and librarian
within 30 days after the date of its adoption.
(f) The director and librarian or the designee of the director
and librarian shall within a reasonable time bring to the attention
of the governing body in writing any aspect of an ordinance or
order filed in the office of the director and librarian or that
otherwise comes to the attention of the director and librarian
that is inconsistent with the requirements of this subtitle or
rules adopted under it.
(g) The governing body in a records management program established
under this section may require the mandatory destruction of any
record of the local government when its retention period has expired
on a records control schedule developed under Section 203.041.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
[Sections 203.027-203.040 reserved for expansion]
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Subchapter C. Records Control Schedules
Section 203.041. Preparation and Filing of
Records Control Schedules.
(a) On or before January 4, 1999, the records management officer
shall prepare and file with the director and librarian:
(1) a records control schedule listing the following records
and establishing a retention period for each as provided by
Section 203.042:
(A) all records created or received by the local government
or elective county office;
(B) any record no longer created or received by the local
government or elective county office that is still in its
possession and for which the retention period on a records
retention schedule issued by the commission has not expired;
and
(C) any record no longer created or received by the local
government or elective county office that is still in its
possession and for which the retention period on a records
retention schedule issued by the commission has expired but
which will not be destroyed as provided by Section 203.044;
or
(2) the records management officer, in lieu of filing a records
control schedule, may file with the director and librarian a
written certification of compliance that the local government
or the elective county office has adopted records control schedules
that comply with the minimum requirements established on records
retention schedules issued by the commission.
(b) At the discretion of the records management officer the records
control schedule may also list and provide retention periods for
material that is excluded from the definition of a local government
record by Section 201.003(8) and exempted records described by
Section 202.001(b) if in the officer's opinion the inclusion of
the material or records is necessary to ensure the periodic destruction
of the material or records in the interest of efficient records
management.
(c) A records management officer, in lieu of filing an amended
records control schedule, may file with the director and librarian
an amended written certification of compliance that the local
government or the elective county office has adopted amended records
control schedules to comply with the minimum requirements established
on records retention schedules issued by the commission including
any revised schedules issued by the commission.
(d) The records management officer shall review the records control
schedules of the local government or elective county office and
prepare amendments to the schedules as needed to reflect new records
created or received by the government or office or revisions to
retention periods established in a records retention schedule
issued by the commission. Amendments to records control schedules
shall be filed with the director and librarian in the same manner
as the original schedules.
(e) The governing body shall require in the ordinance or order
establishing the records management program the review or approval
of a records control schedule or amended schedule by the officers
of the local government as it considers necessary. The records
control schedule or amended schedule for an elective county office
need only be approved by the elected official in charge of that
office.
(f) Records control schedules may be filed on an office-by-office
basis or on a department-by-department basis within each office.
(g) A local government that intends to retain all records permanently
or that destroys only those records for which no retention periods
have been established in a records retention schedule established
under Section 441.158, Government Code, is not required to submit
a records control schedule under this section.
(h) The director and librarian shall determine the form and manner
of the filing of records control schedules, amended schedules,
the written certification of compliance described by Subsection
(a)(2), and the amended written certification of compliance described
by Subsection (c). The director and librarian may request that
the records management officer file with the written certification
of compliance or the amended written certification of compliance
any amendment that establishes a records series or retention requirement
other than that issued on a commission records retention schedule.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
29, eff. Sept. 1, 1995.
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Section 203.042. Retention Periods.
(a) A retention period for each record on the records control
schedule shall be determined by the governing body or under its
direction or by the elected county officer, as applicable.
(b) A retention period may not be less than:
(1) a retention period prescribed by a state or federal law,
regulation, or rule of court; or
(2) a retention period for the record established on a records
retention schedule issued by the commission.
(c) If at the time a records control schedule is filed by a local
government or elected county officer with the director and librarian
as provided by Section 203.041, a records retention schedule for
the records of that type of local government or elective county
office has not been issued by the commission, the records control
schedule filed with the director and librarian must be amended
to conform with the commission schedule when it is issued to the
extent that any retention period on a records control schedule
is less than a retention period for the same record on the commission
schedule
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.043. Filing of Records Control
Schedules.
(a) If the director and librarian or the designee of the director
and librarian accepts the records control schedule, amended schedule,
written certification of compliance described by Section 203.041(a)(2),
or amended written certification of compliance described by Section
203.041(c) for filing, the acceptable records control schedule
may be used as the basis for the destruction of records listed
on it without additional notice to the director and librarian.
(b) If the director and librarian or the designee of the director
and librarian rejects the records control schedule, amended schedule,
written certification of compliance described by Section 203.041(a)(2),
or amended written certification of compliance described by Section
203.041(c) for filing, the reasons for the rejection shall be
stated in writing within a reasonable time to the records management
officer and the schedule, amended schedule, written certification
of compliance, or amended written certification of compliance
shall be corrected and resubmitted.
(c) The director and librarian or the designee of the director
and librarian may reject a records control schedule or amended
schedule for filing only if a retention period listed on it is
less than a retention period for the same record established on
a records retention schedule issued by the commission or if the
schedule is in violation of this subtitle or a rule adopted under
it. The director and librarian or the designee of the director
and librarian may reject a written certification of compliance
described by Subsection (a)(2), or an amended written certification
of compliance described by Subsection (c) for filing only if the
records management officer files a written certification of compliance
in a form and manner that has not been approved by the director
and librarian.
(d) The director and librarian or the designee of the director
and librarian may make it a condition of acceptance of a records
control schedule or amended schedule for filing that a record
listed on the schedule be transferred to the custody of the commission
on the expiration of its retention period rather than being destroyed.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
30, eff. Sept. 1, 1995.
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Section 203.044. Initial Destruction of Obsolete
Records.
(a) In preparing a records control schedule required by Section
203.041, the records management officer may list separately those
obsolete records no longer created or received by the local government
or elective county office whose retention periods on a records
retention schedule issued by the commission have expired and that
the local government or elected county officer wishes to destroy.
(b) The lists of obsolete records to be destroyed must be reviewed
or approved in the same manner as records control schedules must
be reviewed or approved under Section 203.041(e).
(c) The lists shall be submitted to the director and librarian
for approval. If the director and librarian or the designee of
the director and librarian approves the list, the records listed
on it may be destroyed. If the director and librarian or the designee
of the director and librarian disapproves the list, the director
and librarian or the designee shall state in writing within a
reasonable time to the records management officer the record or
records on the list that must be retained by the government or
elective county office or transferred to the custody of the commission.
(d) The director and librarian shall determine the form and manner
of submission of requests to destroy obsolete records.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.045. Destruction of Unscheduled
Records.
(a) Before the filing of a records control schedule or a written
certification of compliance as provided by Section 203.041, a
local government record may be destroyed only with the prior approval
of the director and librarian.
(b) After the filing of a records control schedule, amended schedule,
written certification of compliance described by Section 203.041(a)(2),
or amended written certification of compliance described by Section
203.041(c), a record that does not appear on a records control
schedule or amended schedule may be destroyed only with the prior
approval of the director and librarian.
(c) Requests for authorization to destroy unscheduled records
shall be submitted by the records management officer or under
the officer's direction. However, if the request is submitted
before the filing of a records control schedule or a written certification
of compliance as provided by Section 203.041 and a records management
officer has not yet been designated as provided by Section 203.025,
the request shall be submitted by the custodian.
(d) If the director and librarian or the designee of the director
and librarian approves the request, the records listed on it may
be destroyed. If the director and librarian or the designee disapproves
the request, the director and librarian or the designee shall
state in writing within a reasonable time to the records management
officer or custodian the record or records on the list that must
be retained by the government or transferred to the custody of
the commission.
(e) The director and librarian shall determine the form and manner
of submission of requests to destroy unscheduled records.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
31, eff. Sept. 1, 1995.
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Section 203.046. Recordkeeping Requirements.
As the governing body may require, the records management officer
shall keep accurate lists of records destroyed, their volume, and
other information of records management activities.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.047. New Local Governments.
A local government established after September 1, 1989, shall fulfill
the requirements of Sections 203.025, 203.026, and 203.041 within
one year after the date of its establishment.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.048. Care of Records of Permanent
Value.
The commission shall adopt rules establishing standards for the
proper care and storage of local government records of permanent
value. The commission may require that certain local government
records of permanent value be created on permanent-durable paper,
the standards for which shall be established by rule. The rules
must be approved as required by Section 441.165, Government Code.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.049. Transfer of Records of Permanent
Value.
(a) The governing body or elected county officer may offer to
transfer records of permanent value not needed in the day-to-day
business of the local government to the custody of:
(1) the commission; or
(2) another local government that operates an archives, library,
or museum that meets standards for the care and storage of permanent
records established by the commission as provided by Section
203.048.
(b) Transfers of permanent records to another local government
require the prior approval of the director and librarian.
(c) In a transfer of permanent records under this section, title
and control of the records and all rights pertaining to the records
granted by law to the original custodian or elected county officer
are vested in the commission or the local government that receives
the records.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 203.050. Inspection of Permanent
Records.
(a) The director and librarian or the authorized representative
of the director and librarian is entitled to inspect in the offices
of any local government or elected county officer the condition
of any permanent record to which access by the director and librarian
or the representative is not restricted by law. The inspection
is not a release of a record to a member of the public under Chapter
424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
6252-17a, Vernon's Texas Civil Statutes).
(b) The director and librarian, in writing, shall bring to the
attention of the governing body or elected county officer, any
aspect of the storage, handling, or use of the record that imperils
its survival and state what measures must be taken to properly
care for and preserve the record.
(c) If, after having been notified by the director and librarian
as provided by Subsection (b), the governing body or the elected
county officer fails to take required measures to preserve the
record, the director and librarian may:
(1) if the record is an obsolete record whose creation is no
longer required by law, demand and receive delivery of the record
to the custody of the commission; or
(2) if the record is required for current use by the local
government, make copies of the record for the purpose of preservation
by the commission.
(d) The cost of transferring or copying records under this section
shall be paid for out of funds of the commission.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(90), eff. Sept. 1, 1995.
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Chapter 204. Microfilming of Records
Section 204.001. Definitions.
In this chapter:
(1) "Microfilm" means roll microfilm, microfiche,
and all other formats produced by any method of microphotography
or other means of miniaturization on film.
(2) "Microfilming" means the methods, procedures,
and processes used to produce roll microfilm, microfiche, or
other microphotographic formats.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.002. Authorization.
Any local government record may be maintained on microfilm in addition
to or instead of paper or other media, subject to the requirements
of this chapter and rules adopted under it.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.003. Microfilm Produced Under
Prior Law.
(a) All microfilm produced before June 1, 1990, under prior law
is validated to the extent the microfilm was produced in the manner
and according to the standards prescribed by prior law.
(b) In rules adopted under Section 204.004, the commission may
establish procedures for the retrospective certification of uncertified
or improperly certified microfilm produced before April 1, 1990,
that otherwise meets the standards prescribed by prior law.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.004. Standards and Procedures.
(a) The commission shall adopt rules on or before April 1, 1990,
establishing standards and procedures for the microfilming of
local government records. The rules must be approved as required
by Section 441.165, Government Code.
(b) The rules must prescribe:
(1) standards for film quality, resolution, density, definition,
and chemical stability;
(2) tests and other methods of inspection required to establish
that prescribed standards have been met;
(3) procedures for verifying that records have been filmed
accurately;
(4) procedures for the certification of microfilmed records;
(5) standards for the use of editorial and technical targets
on microfilm;
(6) standards for the production of use copies from and the
storage of master microfilm negatives;
(7) procedures for the labeling and indexing of microfilmed
records;
(8) procedures establishing the manner in which court case
papers must be filmed;
(9) procedures for the expunction of criminal records on microfilm
pursuant to court order;
(10) standards for computer-output microfilm; and
(11) standards for providing access by the members of the public
to records on microfilm to which they are entitled under law.
(c) In rules adopted under this section, the commission may establish
differing standards and procedures for the microfilming of:
(1) any permanent record;
(2) any record of a municipal, justice, county, or district
court; or
(3) any record to which access is restricted under Chapter
424, Acts of the 63rd Legislature, Regular Session, 1973 (Article
6252-17a, Vernon's Texas Civil Statutes), or other state law.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th. Leg., ch. 76, Sec.
5.95(90), eff. Sept. 1, 1995.
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Section 204.005. Rules to be Updated.
The director and librarian shall monitor standards relating to
microfilming developed for use by federal agencies or adopted by
national organizations that develop and set standards in the fields
of information and records management in order to recommend to the
commission any needed amendments to rules.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.006. Indexing.
An index to a microfilm record must show the same information that
may be required by state law for an index to the same record if
it is not microfilmed.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.007. Destruction of Original
Records.
(a) Except as provided by Section 204.008, the original of a
record that has been microfilmed pursuant to this chapter and
rules adopted under it may be destroyed before the expiration
of its retention period on a records retention schedule issued
by the commission.
(b) A list of the originals of microfilmed records destroyed
shall be filed with the records management officer.
(c) The microfilm record must be retained until the expiration
of the retention period for the original record.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.008. Destruction of Permanent
Records.
(a) The original of a permanent record may not be destroyed until
a destruction authorization request is submitted to the director
and librarian certifying that the microfilm of the record meets
the standards of this chapter and rules adopted under it.
(b) Requests shall be submitted by the records management officer
or under the officer's direction or, if a records management officer
has not yet been designed under Section 203.025, by the custodian
of the microfilm records.
(c) If the director and librarian or the designee of the director
and librarian approves the request, the original record may be
destroyed.
(d) In lieu of destruction, the director and librarian may require
that the original record be transferred to the custody of the
commission.
(e) If the director and librarian or the designee of the director
and librarian disapproves the request, the reasons for the disapproval
shall be stated in writing within a reasonable time to the records
management officer or custodian. The original records may not
be destroyed until the microfilm of the records is brought into
compliance with this chapter and the rules adopted under it as
evidenced by the submission of a new destruction authorization
request.
(f) The director and librarian shall determine the form and manner
of submission of destruction authorization requests required by
this section.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.009. Microfilm of Permanent Records
to be Supplied.
(a) A local government or elected county officer, at the request
of the director and librarian, shall supply to the commission
a copy of the microfilm of any permanent record to which access
is not restricted by law.
(b) The commission shall reimburse the local government or elected
county officer for the cost of the copy. If the film duplication
is performed by the local government or elected county officer,
the cost must be the same as that paid by state agencies to the
Texas State Library for a similar microfilm copy. If the film
duplication is done by a commercial microfilming service under
contract with the local government or elected county officer,
the cost of the copy may not exceed the cost paid by the local
government or elected county officer for a copy under the contract.
(c) The director and librarian or an employee of the commission
may not provide certified copies of a record on microfilm obtained
under this section without the consent of the original local custodian
of the record.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.010. Commercial Microfilm Storage
Facilities.
(a) The commission may establish a program for the certification
of commercial microfilm storage facilities for the storage of
the master microfilm negatives of local government records.
(b) If the commission establishes a certification program, the
procedures of this subsection apply. On request by the commercial
storage facility, the director and librarian shall inspect the
facility to determine if the facility meets the minimum standards
established by the commission under Section 204.004 for the storage
of the microfilm of local government records. If the commercial
storage facility meets the minimum standards established by the
commission, the name of the facility shall be added to a list
of certified storage facilities to be prepared by the director
and librarian and made available on request to a local government,
elected county officer, or other interested party. The inspection
and certification of commercial storage facilities shall be on
a fee basis to be determined by the commission.
(c) The commission shall determine the period a certification
made under this section is effective.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 204.011. Effective as Original Record.
(a) A microfilmed record created in compliance with this chapter
and rules adopted under it, including microfilm validated by Section
204.003, is an original record and shall be accepted by any court
or administrative agency of this state.
(b) If issued and certified by a local government recordkeeper,
a copy on paper or film of a microfilmed record shall be accepted
by a court or administrative agency of this state as a certified
copy of an original record.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989
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Chapter 205. Electronic Storage of Records
Section 205.001. Definitions.
In this chapter:
(1) "Electronic storage" means the maintenance of
local government record data in the form of digital electronic
signals on a computer hard disk, magnetic tape, optical disk,
or similar machine-readable medium.
(2) "Local government record data" means the information
that by law, regulation, rule of court, ordinance, or administrative
procedure in a local government comprises a local government
record as defined by Section 201.003.
(3) "Source document" means the local government
record from which local government record data is obtained for
electronic storage. The term does not include backup copies
of the data in any media generated from electronic storage.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.002. Authorization.
Any local government record data may be stored electronically in
addition to or instead of source documents in paper or other media,
subject to the requirements of this chapter and rules adopted under
it.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.003. Standards and Procedures
to be Adopted.
(a) The commission shall adopt rules establishing standards and
procedures for the electronic storage of any local government
record data of permanent value and may adopt rules establishing
standards and procedures for the electronic storage of any local
government record data whose retention period is at least 10 years
on a records retention schedule issued by the commission. The
rules must be approved as required by Section 441.165, Government
Code.
(b) With regard to the types of local government record data
covered by Subsection (a), the rules may require or prescribe:
(1) standards and procedures for the generation of backup or
preservation copies of the local government record data on paper,
microfilm, electronic, or other approved media;
(2) standards and procedures for the recopying or duplication
of the magnetic tape, optical disk, or similar machine-readable
medium on which the local government record data are stored;
(3) standards and procedures for the physical storage and maintenance
of magnetic tapes, optical disks, or similar machine-readable
media;
(4) standards and procedures for providing access by members
of the public to electronically stored local government record
data to which they are entitled under law; and
(5) other standards and procedures that the commission considers
necessary to ensure the availability, readability, or integrity
of the local government record data.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.004. Rules to be Updated.
The director and librarian shall monitor standards and procedures
relating to electronic storage developed for use by federal agencies
or adopted by national organizations that develop and set standards
in the fields of records and information management in order to
recommend to the commission any needed amendments to rules.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.005. Supreme Court Rules.
This chapter is not intended to conflict with Subchapter I, Chapter
51, Government Code, relating to the electronic filing of certain
documents in district and county courts. The commission shall incorporate
any rules adopted under that subchapter into its own.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.006. Index.
An index to local government record data stored electronically
must provide the same information that may be required by state
law for an index to the source document, if applicable.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.007. Electronic Storage Authorization
Requests.
(a) Before the electronic storage of any local government record
data of permanent value or, if stipulated in commission rules,
any local government record data whose retention period is at
least 10 years on a records retention schedule issued by the commission,
an electronic storage authorization request shall be submitted
to the director and librarian for approval.
(b) Electronic storage authorization requests shall be submitted
by the records management officer or under the officer's direction
or, if a records management officer has not yet been designated
under Section 203.025, by the custodian of the local government
record data to be stored electronically.
(c) If the director and librarian or the designee of the director
and librarian approves the request, the local government record
data may be stored electronically.
(d) If the director and librarian or the designee of the director
and librarian disapproves the request, the reasons for the disapproval
shall be stated in writing within a reasonable time to the records
management officer or custodian. Electronic storage of the local
government record data may not take place until an electronic
storage authorization request receives the approval of the director
and librarian or the designee of the director and librarian.
(e) The director and librarian or the designee of the director
and librarian may disapprove an electronic storage authorization
request only if the standards and procedures proposed for the
electronic storage of the local government record data are in
violation of this chapter or rules adopted under it.
(f) The director and librarian shall determine the form and manner
of submission of authorization requests required by this chapter.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.008. Destruction of Source Documents.
(a) The source document, if any, for electronically stored local
government record data covered by Section 205.007(a) may be destroyed
or returned to the person who filed it for record if the electronic
storage authorization request is approved.
(b) The magnetic tape, optical disk, or similar medium containing
the local government record data and the hardware and software
necessary to provide access to it must be retained by the local
government or be available to the local government until the expiration
of the retention period for all source documents, subject to the
rules adopted under this chapter.
(c) The source document, if any, for electronically stored local
government record data not covered by Section 205.007(a) may be
destroyed before the expiration of the retention period for the
source document in a records retention schedule issued by the
commission if the magnetic tape, optical disk, or similar medium
and hardware and software necessary to provide access to local
government record data on the media are retained for the retention
period in the schedule. Conversely, the magnetic tape, optical
disk, or similar medium may be erased, written over, or destroyed
before the expiration of the retention period for a source document
for local government record data not covered by Section 205.007(a),
if the source document, if any, is retained until the expiration
of its retention period or, if the source document has already
been destroyed, paper or microfilm copies are generated from the
magnetic tape, optical disk, or similar medium before destruction
or erasure and retained until the expiration of the retention
period for the source document.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 205.009. Denial of Access Prohibited.
A person under contract or agreement with a local government or
elected county officer to create, file, or store local government
record data electronically or to provide services, equipment, or
the means for the creation, filing, or storage, may not, under any
circumstances, refuse to provide local government record data to
the local government in a timely manner in a format accessible and
useable by the local government.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
[Chapters 206 to 210 reserved for expansion.]
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Libraries and Archives
Government Code Chapter 441, Subchapter J
Provisions of the Subchapter Relating to the Management of Local Government Records
Contents
Texas Government Code, Subchapter
J, Chapter 441, Libraries and Archives
441.158. Local Government Records
Retention Schedules
441.159. Prior Retention Periods
in County Records Manual
441.160. Revisions to Records
Retention Schedules
441.161. Local Government Records
Committee
441.162. Composition of the Committee
441.163. Appointment of Local
Government Records Committee; Compensation
441.164. Term; Qualification;
Vacancy
441.165. Certain Commission
Rules
441.166. State Agency Rules
441.167. Statutory Filing and
Review
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Section 441.158. Local Government Records
Retention Schedules.
(a) The director and librarian, under the direction of the commission,
shall prepare and distribute free of charge to records management
officers of affected local governments the records retention schedules
for each type of local government, including a schedule for records
common to all types of local government. The commission shall
adopt the schedules by rule.
(b) Each records retention schedule must:
(1) list the various types of records of the applicable local
government;
(2) state the retention period prescribed by a federal or state
law, rule of court, or regulation for records for which a period
is prescribed; and
(3) prescribe retention periods for all other records, which
periods have the same effect as if prescribed by law after the
records retention schedule is adopted as a rule of the commission.
(c) In preparing the records retention schedules, the director
and librarian shall consult with custodians and other local government
officials whose records are affected by the schedules and with
appropriate state agencies.
(d) Before the adoption of a records retention schedule by the
commission, it must be approved by the local government records
committee established under Section 441.161.
(e) After the adoption of a records retention schedule, a retention
period for a record prescribed in a new or amended federal or
state law, rule of court, or regulation that differs from that
in a records retention schedule prevails over that in the schedule.
(f) The initial records retention schedules adopted by the commission
must be adopted not later than January 2, 1996. This subsection
expires January 5, 1999.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
22, eff. Sept. 1, 1995.
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Section 441.159. Prior Retention Periods
in County Records Manual.
Retention periods for county records contained in the county records
manual or any amendments to the manual approved before September
1, 1989, as provided under prior law are validated and have the
same effect as retention periods in a records retention schedule
adopted under Section 441.158. Any amendments to retention periods
in the manual after September 1, 1989, must be in accordance with
Section 441.160.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 441.160. Revisions to Records Retention
Schedules.
The records retention schedules may be revised and the revisions
take effect according to their terms when they are approved and
adopted in the same manner as provided by Section 441.158. However,
editorial changes that do not substantively change the description
of a record or its retention period and changes to retention periods
as the result of changes to retention periods prescribed in a federal
or state law, rule of court, or regulation do not require approval
of the local government records committee before adoption.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1,
eff. Sept. 1, 1989.
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Section 441.161. Local Government Records
Committee.
(a) A local government records committee shall be established
to:
(1) review and approve each of the records retention schedules
prepared by the director and librarian as provided by Section
441.158;
(2) review and approve certain rules to be considered for adoption
by the commission as provided by Section 441.165; and
(3) advise the commission and the director and librarian on
all matters concerning the management and preservation of local
government records.
(b) In reviewing and approving records retention schedules and
rules under this section, each committee member shall consider
the costs of implementation and other factors that may affect
local governments.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
23, eff. Sept. 1, 1995.
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Section 441.162. Composition of the Committee.
(a) The committee includes as ex officio members:
(1) the attorney general or the designee of that officer; and
(2) the comptroller of public accounts or the designee of that
officer.
(b) The other members of the committee shall consist of 10 individuals;
two of whom represent counties, one of whom must be a county clerk
or a district clerk; two of whom represent municipalities; two
of whom represent school districts; two of whom represent appraisal
districts; and two of whom represent water districts. At least
one member must be a records management officer under Chapter
203, Local Government Code, who is not also an elected county
officer. At least four members must represent either a county
with a population of fewer than 10,000 or a municipality or district
that does not extend into a county with a population of 10,000
or more.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
24, eff. Sept. 1, 1995.
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Section 441.163. Appointment of Local Government
Records Committee; Compensation.
(a) Each of the members of the committee, except the ex officio
members, shall be appointed by the director and librarian as provided
by this section.
(b) On or before the 30th day before the date the director and
librarian makes an appointment, the director and librarian shall
cause to be published in the Texas Register a notice of the intent
to make an appointment.
(c) A nomination for appointment may be made by an organization
representing officers or employees of the type to be appointed
that has as members at least 50 of those officers or employees.
A nomination under this subsection shall include a nominee who
represents a county with a population of 10,000 or more and a
nominee who represents a county with a population of fewer than
10,000 or a municipality or district that does not extend into
a county with a population of 10,000 or more.
(d) After the 30th day after the date the notice is published
under Subsection (b), the director and librarian shall appoint
a nominee or shall appoint an officer chosen by the director and
librarian, if there are no nominees.
(e) The director and librarian shall appoint members to give
representation to all geographical regions of the state.
(f) On or before the 30th day after the date of the appointment
of the last committee member under Subsections (a) through (e),
the director and librarian shall have a complete list of committee
members published in the Texas Register.
(g) Service on the local government records committee by a local
government officer or employee is an additional duty of the person's
office or employment. A member of the committee may not receive
compensation for service on the committee but is entitled to be
reimbursed from funds of the commission for actual and necessary
expenses incurred on committee business, subject to any limit
provided by the General Appropriations Act. Expenses of the attorney
general and the comptroller of public accounts or their designees
shall be paid from the funds of their respective offices.
(h) The committee members shall elect a presiding officer at
the first meeting held by newly appointed or reappointed members
after February 1 of odd-numbered years. The director and librarian
shall call that first meeting.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
25, eff. Sept. 1, 1995.
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Section 441.164. Term; Qualification; Vacancy.
(a) Except for the ex officio members, committee members are
appointed for two-year terms expiring on February 1 of odd-numbered
years.
(b) To remain eligible to serve on the committee, a person must
continue to hold the office or position the person was appointed
to represent.
(c) A vacancy on the committee shall be filled in the same manner
as an original appointment.
(d) No two committee members may hold office in or be employed
by the same local government.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
26, eff. Sept. 1, 1995.
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Section 441.165. Certain Commission Rules.
Rules and any revisions to the rules developed under Sections 203.048,
204.004, and 205.003, Local Government Code, must be approved by
the local government records committee established under Section
441.161.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec.
27, eff. Sept. 1, 1995.
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Section 441.166. State Agency Rules.
A state agency other than the commission, the Texas Supreme Court,
or the Texas Court of Criminal Appeals may not require a local government
to retain a record for any specific period of time unless the requirements
are imposed by federal law or regulation, state law, or rules adopted
by the agency under Chapter 2001.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(50), eff. Sept. 1, 1995.
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Section 441.167. Statutory Filing and Review.
The director and librarian may designate employees of the commission
to act as deputies in the approval or disapproval or acceptance
or rejection for filing of any records control schedule, destruction
authorization request, electronic storage authorization request,
or other statutory filing required by Subtitle C, Title 6, Local
Government Code, or rules adopted under it.
Source: Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2,
eff. Sept. 1, 1989.
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