Local Schedule PS
Retention Schedule for Records of Public Safety Agencies
Effective October 20, 1997
Preface
This schedule establishes mandatory minimum retention periods for
the records listed. No local government office may dispose of a
record listed in this schedule prior to the expiration of its retention
period. A records control schedule of a local government may not
set a retention period for a record that is less than that established
for the record on this schedule. The originals of records listed
in this schedule may be disposed of prior to the expiration of the
stated minimum retention period if they have been microfilmed or
electronically stored pursuant to the provisions of the Local Government
Code, Chapter 204 or Chapter 205, as applicable, and rules of the
Texas State Library and Archives Commission adopted under authority
of those chapters. Actual disposal of such records by a local government
or an elective county office is subject to the policies and procedures
of its records management program.
Destruction of local government records contrary to the provisions
of the Local Government Records Act of 1989 and administrative rules
adopted under its authority, including this schedule, is a Class
A misdemeanor and, under certain circumstances, a third degree felony
(Penal Code, Section 37.10). Anyone destroying local government
records without legal authorization may also be subject to criminal
penalties and fines under the Open Records Act (Government Code,
Chapter 552).
Introduction
The Government Code, Section 441.158, provides that the Texas State
Library and Archives Commission shall issue records retention schedules
for each type of local government, including a schedule for records
common to all types of local government. The law provides further
that each schedule must state the retention period prescribed by
federal or state law, rule of court, or regulation for a record
for which a period is prescribed; and 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.
Local Schedule PS sets mandatory minimum retention periods for
records series (identified in the Records Series Title column) commonly
found in law enforcement agencies, fire departments and rural fire
prevention districts, emergency medical departments, emergency communications
agencies and districts, county medical examiner departments, county
and district attorneys offices, and community supervision and corrections
departments. In addition to counties and cities, this schedule should
also be used by other local governments, such as junior college
districts and river authorities, who employ law enforcement officers
or fire fighting personnel. If the retention period for a record
is established in a federal or state law, rule of court, or regulation,
a citation to the relevant provision is given; if no citation is
given, the authority for the retention period is this schedule.
The retention period for a record applies to the record regardless
of the medium in which it is maintained. Some records listed in
this schedule are maintained electronically in many offices, but
electronically stored data used to create in any manner a record
or the functional equivalent of a record as described in this schedule
must be retained, along with the hardware and software necessary
to access the data, for the retention period assigned to the record,
unless backup copies of the data generated from electronic storage
are retained in paper or on microfilm for the retention period.
Unless otherwise stated, the retention period for a record is in
calendar years from the date of its creation. The retention period,
again unless otherwise noted, applies only to an official record
as distinct from convenience or working copies created for informational
purposes. Where several copies are maintained, each local government
should decide which shall be the official record and in which of
its divisions or departments it will be maintained. Local governments
in their records management programs should establish policies and
procedures to provide for the systematic disposal of copies.
If a record described in this schedule is maintained in a bound
volume of a type in which pages are not designed to be removed,
the retention period, unless otherwise stated, dates from the date
of last entry.
If two or more records listed in this schedule are maintained together
by a local government and are not severable, the combined record
must be retained for the length of time of the component with the
longest retention period. A record whose minimum retention period
on this schedule has not yet expired and is less than permanent
may be disposed of if it has been so badly damaged by fire, water,
or insect or rodent infestation as to render it unreadable, or if
portions of the information in the record have been so thoroughly
destroyed that remaining portions are unintelligible. If the retention
period for the record is permanent on this schedule, authority to
dispose of the damaged record must be obtained from the director
and librarian of the Texas State Library. The Request for Authority
to Destroy Unscheduled Records (Form SLR 501) should be used for
this purpose.
Requests for Authority to Destroy Unscheduled Records (SLR 501),
whose submission to the director and librarian of the Texas State
Library is required by the Local Government Code, Section 203.045,
need not be filed for records shown as exempt from the requirement.
Certain records listed in this schedule are assigned the retention
period of AV (as long as administratively valuable). This retention
period affords local governments the maximum amount of discretion
in determining a specific retention period for the record described.
Although AV may be used as a retention period on a records control
schedule of a local government, it is in the best interests of any
records management program that fixed retention periods be assigned
for each records series. AV records tend to accumulate and go unmanaged.
Amendment Notice
An item number that is preceded by an asterisk (*) indicates either
that the retention period or the description of the record series
has been changed from that which appeared in the edition of Local
Schedule PS, effective November 1, 1994, or the records series is
new to this schedule. An asterisk is also used before a retention
note that has been amended or added at the beginning of the schedule
or any of its parts or sections. Changes to legal citations or non-substantive
editorial changes are not noted.
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Table of Contents
Part 1: Records Common to Public
Safety Agencies
Section 1-1: General Operations
Records
Section 1-2: Vehicle, Equipment,
and Animal Records
Section 1-3: Personnel Records
Section 1-4: Emergency Communications
Records
Part 2: Law Enforcement Records
Section 2-1: Arrest and Offense
Records
Section 2-2: Incident Records
Section 2-3: Operational Support
Records
Section 2-4: Jail Records
Section 2-5: Juvenile Delinquency
Records
Section 2-6: Records of Writs
and Process
Section 2-7: Permit Records and
Associated Documentation
Section 2-8: Financial Records
Section 2-9: Personnel and Training
Records
Section 2-10: Miscellaneous Records
Part 3: Records of County Medical
Examiners
Section 3-1: Death Investigation
Records
Section 3-2: Laboratory Records
Section 3-3: Miscellaneous Records
Part 4: Records of Fire Fighting
and Emergency Medical Service Agencies
Section 4-1: Fire and Emergency
Medical Response Records
Section 4-2: Fire Prevention and
Inspection Records
Section 4-3: Apparatus and Equipment
Records
Section 4-4: Training Records
Section 4-5: Miscellaneous Records
Part 5: Records of Community Supervision
and Corrections (Adult Probation) Departments
Part 6: Records of County, District,
and Criminal District Attorneys
Section 6-1: Case Records
Section 6-2: Administrative and
Financial Records
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Abbreviations Used In This Schedule
AV - As long as administratively valuable
CE - Calendar year end
CFR - Code of Federal Regulations
FE - Fiscal year end
TAC - Texas Administrative Code
U.S.C. - United State Code
US - Until superseded
Records of Public Safety Agencies
Retention Notes:
a) The term "public safety agency" means any local
law enforcement, fire fighting, emergency medical services, or
emergency communications department, district, or office; and
the offices of the county medical examiner, district attorney,
county attorney, and community supervision and corrections.
b) For administrative, financial, personnel, and support service
records not included in this schedule, see Local Schedule GR (Records
Common to All Governments).
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Part 1: Records Common to Public
Safety Agencies
Retention Note: This part provides retention periods for
records common to two or more of the public safety agencies included
in this schedule.
Section 1-1: General Operations Records
4025-01 Activity and Statistical Reports - Narrative and/or
statistical activity reports prepared by shift supervisors, unit
heads, or other public safety personnel on daily or other periodic
activities, except reports of the types described included in other
records groups in this schedule.
a) Daily and weekly reports. RETENTION: 1 year. (Exempt from
destruction request to the Texas State Library)
b) Monthly, bimonthly, quarterly, or semi-annual reports. RETENTION:
3 years.
c) Annual reports. RETENTION: PERMANENT.
d) Chronological logs or registers of activities, usually kept
at station, company, or unit level, of daily activities such as
roll calls, briefings, visitors, drills, inspections, except for
records of similar types noted elsewhere in this schedule. RETENTION:
1 year. (Exempt from destruction request to the Texas State Library)
4025-02 Daily Bulletins - Daily bulletins created by a public
safety agency providing data on officers or personnel on duty, tasks
and vehicles assigned, information concerning special procedures
or information (e.g., missing persons, be-on-the-look out for, hazardous
fire conditions), and other information customary to the operations
of a public safety agency. RETENTION: 1 year. (Exempt from destruction
request to the Texas State Library)
4025-03 General and Emergency Orders and Related Documentation
*a) Orders issued by the head of a public safety agency, or deputies
possessing requisite authority, establishing policy or standard
operating procedures. RETENTION: US + 5 years.
*b) Special orders issued by the head of a public safety agency,
or deputies possessing requisite authority, declaring emergencies,
ordering evacuations, and similar extraordinary directives. RETENTION:
3 years.
Retention Note: Prior to disposal, orders under (a)
and (b) shall be appraised by the records management officer
for historical value and those determined by the records management
officer to merit retention for historical reasons must be retained
permanently.
c) Codes of conduct. RETENTION: PERMANENT.
4025-04 Operational Permits and Certifications - Permits
and certifications from federal or state agencies as required by
law or regulation for public safety activities and equipment and
any reports, correspondence, or other documentation bearing on the
application for the issuance of or renewal of a permit or certification.
a) Granted permits and certifications and associated documentation.
RETENTION: Expiration or cancellation + 3 years.
b) Documentation concerning denied permits. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
4025-05 Planning Studies and Reports - Plans, studies, and
analyses relating to public safety strategies, personnel needs assessments,
station boundary and manpower distribution studies, contingency
plans, and similar planning reports pertinent to fulfilling the
duties and responsibilities of a public safety agency.
a) Special reports or studies prepared by order or request of
the governing body or considered by the governing body (as reflected
in its minutes) or ordered or requested by a state agency or a
court. RETENTION: PERMANENT.
*b) All other planning reports or studies. RETENTION: 5 years.
Retention Note: Prior to disposal, planning reports
and studies shall be appraised by the records management officer
for historical value and those determined by the records management
officer to merit retention for historical reasons must be retained
permanently. See also item number 1000-39 in Local Schedule
GR (Records Common to All Local Governments).
Section 1-2: Vehicle, Equipment, and Animal
Records
4050-01 Aircraft History and Maintenance Records
a) Records maintained on each helicopter or fixed wing aircraft
used to document the total time in service of the airframe, each
engine, each propeller, and each rotor; the current status of
life-limited parts of each airframe, engine, propeller, rotor,
and appliance; any major alterations to such engines and devices;
when inspections and overhauls last occurred; and documentation
of compliance with Federal Aviation Administration (FAA) airworthiness
directives. RETENTION: LA, but see retention note (a). [By regulation
- 14 CFR 91.417(b)(2).]
Retention Notes: a) When an aircraft is sold, all records
relating to the aircraft described in (a) must be transferred
to the new owner by FAA regulation [14 CFR 91.417(b)(2).]
b) If an aircraft is involved in an accident or incident subject
to investigation by the National Transportation Safety Board
(NTSB), all records described in (a), and those described in
(b) and (c) below that have not been destroyed according to
the retention period given, must be retained until the NTSB
takes custody of the records or a release is granted by an authorized
representative of the board. In addition, any records or reports,
including internal memoranda, dealing with the accident or incident
must be retained until authorized by the NTSB to the contrary.
b) Records of maintenance, preventative maintenance, and alteration.
RETENTION: Until the work is repeated or superseded by other work
or for 1 year after the work is performed, as applicable. [By
regulation - 14 CFR 91.417(b)(1).] (Exempt from destruction request
to the Texas State Library)
c) Records of 100-hour, annual, progressive, or other FAA required
or approved inspections. RETENTION: Until the work is repeated
or superseded by other work or for 1 year after the work is performed,
as applicable. [By regulation - 14 CFR 91.417(b)(1).] (Exempt
from destruction request to the Texas State Library)
4050-02 Animal Records - Records concerning horses, dogs,
or other animals owned by public safety agencies, including records
of the acquisition of the animal, its registration and pedigree
papers (if applicable), records of training, and its veterinary
history. RETENTION: Until the retirement or sale of the animal +
2 years.
4050-03 Vehicle Assignment Records
a) Logs, registers or similar records documenting the sign-out
and use of public safety vehicles by personnel. RETENTION: 1 year.
(Exempt from destruction request to the Texas State Library)
b) Authorizations for the home storage of public safety vehicles.
RETENTION: Expiration of authorization + 1 year. (Exempt from
destruction request to the Texas State Library)
4050-04 Vehicle History and Maintenance Records
a) Master record on each public safety vehicle (including watercraft)
and its apparatus and containing the following: complete description
including identification and license numbers; title and registration
papers, annual beginning and ending odometer readings, total annual
fuel, maintenance, labor, and parts costs; and complete maintenance
and inspection history (in summary form showing date and nature
of inspection, service, and repair). RETENTION: LA.
Retention Notes: a) This schedule does not require the
creation of a vehicle master record of the type described, but
if a vehicle master record is not maintained, records containing
the prescribed information must be retained for the life of
the vehicle. For example, if work orders in (b) are the only
record maintained of repairs to public safety vehicles, they
must be retained for the life of the vehicle.
b) If a public safety vehicle is salvaged as the result of
an accident, the vehicle master record or, if one is not created,
documents providing the types of information prescribed, must
be retained for LA + 3 years.
c) If a public safety vehicle is sold or given to another public
safety agency for use as a public safety vehicle, the vehicle
master record may be transferred with the vehicle.
b) Service requests/work orders. RETENTION: 3 years.
c) Daily or other periodic activity reports on fuel and oil consumption,
odometer readings, etc. from which data is derived for operating
cost reports and the vehicle master record. RETENTION: 3 years.
d) Daily or other periodic inspection reports of vehicles and
their apparatus including records relating to the testing and
calibration of radar systems and guns and the testing of speedometers
in police vehicles. RETENTION: 3 years.
e) Daily or other periodic inventory reports of vehicle apparatus
and supplies, including drug supplies in EMS vehicles and aircraft.
RETENTION: 3 years.
f) Specifications, circuit diagrams, and similar documents relating
to vehicles and their apparatus. RETENTION: LA.
4050-05 Weapons Records
a) Records of issuance of weapons to public safety personnel.
RETENTION: Until return of weapon + 3 years.
b) Records of inspection and repair of weapons. RETENTION: LA.
c) Records documenting the sale, gift, loss, or destruction of
public safety weaponry. RETENTION: 3 years.
d) Inventories of weapons. RETENTION: US + 3 years.
Section 1-3: Personnel Records
Retention Note: This part supplements and should be used
in conjunction with Part 3 of Local Schedule GR (Records Common
to All Governments).
4075-01 Internal Affairs Investigation Records - Records
documenting the initiation, investigation, and disposition of internal
affairs investigations of alleged misconduct by law enforcement
officers, fire department personnel, and emergency medical services
personnel.
Retention Notes: a) As used in the records descriptions
for this group, the term "formal discipline" is disciplinary
action at or above the level of a written reprimand. The term
"informal discipline" is disciplinary action below
the level of a written reprimand.
b) Retention periods for this record group date from the completion
of the investigation.
c) Documents that are removed or expunged from internal affairs
investigation records or personnel files pursuant to procedures
established in state law are exempt from the destruction request
requirement.
a) Records of investigation of law enforcement shooting incidents
which result in death or injury to any person, including a police
officer. RETENTION: PERMANENT.
b) Records of investigations that result in sustained formal
discipline. RETENTION: 15 years.
c) Records of investigations that result in sustained informal
discipline or of investigations whose findings are inconclusive.
RETENTION: 5 years, provided a 1 year infraction free period precedes
the date of destruction.
d) Records of investigations whose findings are not sustained,
unfounded, or exonerated. RETENTION: 3 years.
*e) Written complaints and records of oral complaints received
from the public concerning the conduct of law enforcement officers,
fire department personnel, and emergency medical personnel that
do not lead to an internal affairs investigation. RETENTION: Determination
not to initiate an internal affairs investigation + 2 years.
4075-02 Off-Duty Assignment Records - Records concerning
off-duty assignments of public safety personnel, including applications
for such assignments. RETENTION: 2 years.
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Section 1-4: Emergency Communications Records
4100-01 9-1-1 Master Files - Master file on residents in
a 9-1-1 service area containing name, address, 9-1-1 address, telephone
number, and other information needed to provide service. RETENTION:
US. (Exempt from destruction request to the Texas State Library)
4100-02 9-1-1 Master File Source Documentation - Documentation
received from telephone companies or other sources used to update
information in 9-1-1 master files (see item number 4100-01). RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
4100-03 Antenna Illumination Records - Records documenting
the monitoring, inspection, and repair of illuminated antenna and
antenna supporting structures. RETENTION: 1 year. [By regulation
- 47 CFR 90.447.] (Exempt from destruction request to the Texas
State Library)
4100-04 Communication Tapes and Printouts - Tapes and printouts
of incoming and outgoing telephone and radio communications. RETENTION:
30 days. (Exempt from destruction request to the Texas State Library)
4100-05 Dispatch Reports - Record created by dispatcher
on each call for service showing date and time call received, nature
of call, and details of action taken in response to call. RETENTION:
1 year. (Exempt from destruction request to the Texas State Library)
4100-06 Radio and Paging Logs - Listing of each radio call
or pages from or to a dispatcher showing date, time, and location
of call. RETENTION: 1 year. (Exempt from destruction request to
the Texas State Library)
4100-07 Transmitter Measurement and Repair Records - Records
documenting the repair of transmitters and the measurement of frequency
tolerances, power output, and modulation on transmitters authorized
to operate with a power output in excess of two watts. RETENTION:
1 year. [By regulation - 47 CFR 90.447.] (Exempt from destruction
request to the Texas State Library)
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Part 2: Law Enforcement Records
*Retention Note: The minimum retention periods in this
part, to the extent the records described are created or maintained
by the offices or officers named, are binding on sheriffs; constables;
municipal police departments; arson investigating units of municipal
and county fire agencies; investigators from the offices of district,
criminal district, and county attorneys; county park rangers;
municipal park and recreational patrolmen and security officers;
airport police and security personnel; and persons commissioned
as peace officers by the governing bodies of public school districts,
junior colleges, water control and improvement districts, port
authorities, metropolitan rapid transit authorities, regional
transit authorities, and hospital districts. The term "law
enforcement agency," "law enforcement officer,"
or "peace officer" as used in this schedule, means the
offices, departments, or officers noted above.
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Section 2-1: Arrest and Offense Records
Retention Notes: a) The record groups described in this
section concern adults or juveniles arrested and tried as adults.
See Section 2-5 of this schedule for juvenile delinquency records.
b) Arrest and other law enforcement records relating to an individual
are subject to expunction under Code of Criminal Procedure, arts.
55.01 to 55.05. An expunction order overrides any retention period
established in this schedule. The destruction of expunged records
are exempt from destruction request to the Texas State Library.
c) For the purposes of this section the term "person"
includes a corporation or association.
4125-01 Activity Logs or Dockets - Logs or equivalent records,
usually arranged chronologically or by case, court, or citation
number, providing summary data on complaints investigated by law
enforcement officers, arrests made, citations issued, accidents
investigated, court arraignments, court appearances by officers,
and similar activities relating to the arrest or citation of persons
or the investigation of offenses. RETENTION: 2 years; or 2 years
after last entry if in bound volume.
*4125-02 Arrest Reports - Arrest report and fingerprints
on each person arrested by the law enforcement agency and charged
with a felony or a misdemeanor not punishable by fine only. (See
item number 4125-05(b)(1) for arrest reports on persons arrested
for Class C misdemeanors.) RETENTION: 75 years, or date of death
of individual, if known.
Retention Note: If the arrest report does not provide
the following information, documents from offense investigation
records (see item number 4125-05) sufficient to provide the information
must be retained 75 years or until date of death of the individual,
if known: the name (including aliases), date of birth, and physical
description of the offender; the name of the arresting agency;
the arrest charge and whether it is a felony or a misdemeanor;
the date of arrest; and the date and exact disposition of the
case by the agency.
4125-03 Bail Bond Record - Record of bail or recognizance
bonds taken by a sheriff or other peace officer pursuant to Code
of Criminal Procedure, arts. 17.20 to 17.22. RETENTION: 3 years;
or 3 years after last entry if in bound volume.
4125-04 DWI Video Tapes - Videotapes of persons detained
for possible DWI violations.
a) Tapes of persons on whom charges are not filed. RETENTION:
30 days. (Exempt from destruction request to the Texas State Library)
b) Tapes of persons on whom charges are filed. RETENTION: Upon
return of tape by court or state's attorney. (Exempt from destruction
request to the Texas State Library
4125-05 Offense Investigation Records - Offense and supplemental
offense reports; investigation reports and notes; witness statements;
latent fingerprints; results of chemical analysis and polygraph
tests; crime scene, mug shot, and other photographs; laboratory
reports; arrest reports (Class C misdemeanors only); citations,
affidavits; criminal process; victim impact statements; and other
records relating and customary to the investigation of criminal
offenses or other violations of state law or local ordinance.
a) Cases not cleared. RETENTION: Until the statute of limitations
has run.
b) Cases in which an arrest is made or a citation issued and
a law enforcement agency has certain knowledge of the pretrial
or adjudicated disposition of an arrested or cited person and
considers the case to have been cleared by the conviction or acquittal
of the person arrested or cited, by the dismissal of charges against
the person, or by the entry on the record of a court by a prosecuting
attorney of a nolle prosequi.
Retention Note: Retention periods date from date of
arrest or citation and are based on the highest classification
of offense for which a person is arrested and charged or, if
applicable, the highest classification of offense for which
a person is tried, whichever the lesser classification.
1) Class C misdemeanors and unclassified violations of state
law or local ordinance punishable by fine only (including arrest
reports and citations). RETENTION: 6 months. (Exempt from destruction
request to the Texas State Library)
2) Class A and B misdemeanors and state jail felonies. RETENTION:
2 years.
3) Second and third-degree felonies. RETENTION: 10 years.
4) First-degree and capital felonies. RETENTION: 50 years.
5) Driving while intoxicated offenses. RETENTION: 10 years.
6) Or, for any classification of offense. RETENTION: Date of
death of individual, if known. (Records destroyed under this
retention period that are one year old or less are exempt from
destruction request to the Texas State Library)
Retention Note: Copies of documents in offense investigation
records the originals of which are maintained by, filed with,
or returned to a court or another state or local law enforcement
agency need be retained only as long as administratively valuable
and are exempt from destruction request to Texas State Library.
Exceptions are copies of notices or other process that provide
certain knowledge to the law enforcement agency of the pretrial
or adjudicated disposition of a case.
4125-06 Rap Sheets - Copies of rap sheets received from
the Texas Department of Public Safety or other law enforcement agencies.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
4125-07 Statutory Warning Tapes - Tapes of appearances of
arrested persons before magistrates via two-way closed circuit television
for the purposes of statutory warnings in accordance with Code of
Criminal Procedure, art. 15.17. RETENTION: The date the pretrial
hearing ends; the 91st day after the date on which the recording
was made if the person is charged with a misdemeanor; or the 120th
day after the date on which the recording was made if the person
is charged with a felony,
whichever soonest. [By law - Code of Criminal Procedure, art. 15.17(a).]
Section 2-2: Incident Records
*4150-01 Accident Reports - Records relating to traffic
accidents, including accident reports, supplemental accident reports,
photographs, correspondence, and related documentation. RETENTION:
2 years, but see retention note.
Retention Note: If as the result of an accident, a person
is arrested and charged with driving while intoxicated or with
at least a second degree felony, the accident report shall be
considered an offense investigation record and must be retained
for the appropriate retention period under item number 4125-05(b).
4150-02 Child Abuse Reports - Copies of child abuse reports
received by a law enforcement agency pursuant to Family Code, Sections
261.103 and 261.105, that do not become part of arrest and offense
investigation records (see item numbers 4125-02 and 4125-05). RETENTION:
3 years.
4150-03 Death in Custody Reports - Copies of reports submitted
by a sheriff or the director of a law enforcement agency to the
Attorney General concerning the deaths of persons while in the custody
of a peace officer or while confined in jail. RETENTION: 3 years.
*4150-04 Family Violence Records - Family violence reports
that do not become a part of arrest or offense investigation records
(see item numbers 4125-02 and 4125-05). RETENTION: 3 years.
4150-05 Field Interrogation Reports - Reports on persons
stopped and interrogated in the field because of suspicious behavior.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
4150-06 Gunshot Wounds, Reports of - Reports of the treatment
or the request for treatment of gunshot wounds received from physicians
or other persons as required by Health and Safety Code, Section
161.041. RETENTION: 3 years.
4150-07 Incident Reports - Reports concerning incidents
or complaints that, after investigation, did not appear to have
involved the commission of a crime. RETENTION: 2 years.
4150-08 Missing and Unidentified Persons Files - Reports
on missing children and adults, requests for investigation, photographs,
fingerprints, dental records, x-rays, notifications of possible
match, and similar documents relating to the location of missing
children and adults, including similar records relating to unidentified
bodies found in the county and reported to the sheriff. RETENTION:
Date person located or body identified + 3 years.
Retention Note: If the location of the person or the identification
of a body leads to a criminal investigation by the law enforcement
agency, the records described must be retained for the same period
as arrest and offense investigation records (see item numbers
4125-02 and 4125-05).
4150-09 Warning Citations - Warning citations issued for
violations of motor vehicle laws or for those violations of the
penal code (e.g., criminal trespass) in which the issuance of warning
citations is customary. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
Section 2-3: Operational Support Records
4175-01 Chemical Breath Test Records - Logs, test records,
operational check lists, and similar records relating to the administration
of chemical breath tests. RETENTION: 2 years.
*4175-02 Criminal Intelligence and Analysis Files - Records
created and maintained to anticipate, prevent, or monitor possible
criminal activity, including crime pattern, crime analysis, and
modus operandi reports; forecasts; evaluation reports; investigation
recommendations; reports on movements of known offenders; information
on confidential informants; and messages and alerts from other agencies.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
Retention Note: Information compiled by a law enforcement
agency pursuant to Chapter 61, Code of Criminal Procedure, concerning
criminal combinations must be destroyed after 2 years if the individual
to whom the information relates has not been charged with criminal
activity. (By law - art. 61.06, Code of Criminal Procedure)
*4175-03 Fingerprint Records - Fingerprint records maintained
in paper or on automated systems of missing persons, suspects, known
offenders, incarcerated persons, etc. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
Retention Note: Fingerprint records of persons arrested
for offenses other than Class C misdemeanors must be retained
75 years or until date of death of individual, if known by the
arresting agency. See item number 4125-02.
4175-04 Fugitive Reports - Certified reports submitted by
a sheriff to the Adjutant General (1887-1965) or to the Texas Department
of Public Safety (1965-current) on persons who have fled the county
and are under indictment for a felony. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
4175-05 Law Enforcement Information Dissemination, Inquiry,
and Receipt Records - Reports, logs, and other records pertinent
to documenting the dissemination of criminal histories and other
information to law enforcement or other agencies through crime information
networks (e.g., TCIC, NCIC) or by other methods and similar records
documenting inquiries for and the receipt of information.
a) Records of the dissemination of criminal histories. RETENTION:
3 years.
b) Records of the dissemination of information other than criminal
histories (e.g., missing persons, stolen property). RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
c) Records of inquiries for and the receipt of information, including
criminal histories. RETENTION: AV. (Exempt from destruction request
to the Texas State Library)
d) Administrative messages received through TCIC/NCIC or other
networks. RETENTION: AV. (Exempt from destruction request to the
Texas State Library)
4175-06 Mug Books - Photographs or photograph albums of
known offenders used by crime victims or witnesses for identification.
RETENTION: AV. (Exempt from destruction notice requirement)
4175-07 Pawn Shop Tickets - Copies of pawn shop tickets
provided to a law enforcement agency. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
4175-08 Polygraph Examination Records - Polygraph charts,
question sheets, reports of examination results, data sheets, films,
audio and video tapes of examinations, opinions from the examiner
from chart analysis, and other records pertinent to a polygraph
examination. RETENTION: 2 years. [By regulation - 22 TAC 395.4.]
Retention Note: If a report of the results of a polygraph
examination is placed in offense investigation records (see item
number 4125-05), it must be retained for the retention period
for those records.
4175-09 Property Records - Reports, logs, property cards,
receipts, notices, and similar records documenting the receipt,
processing, chain of custody, and disposition by return, destruction,
or sale of evidential, stolen, abandoned, unclaimed, impounded,
or recovered property, including motor vehicles, by a law enforcement
agency. RETENTION: FE of return or disposal of property + 3 years.
Retention Note: Any records in this series must be retained
for FE + 5 years if they serve to document the collection of sales
tax due to the State Comptroller of Public Accounts.
*4175-10 Sex Offender Registration Records - All documentation
relating to the registration of sex offenders for reportable convictions
or adjudication with a municipal police department or a sheriff
pursuant to Civil Statutes, art. 6252-13c.1. RETENTION: 75 years,
but see retention note.
Retention Note: If the law enforcement agency has certain
knowledge that a registrant has moved from its jurisdiction, the
registration records of the person need only be retained as long
as administratively valuable and are exempt from the destruction
request requirement.
4175-11 Special Watch Records - Informational forms or lists
provided to officers of businesses or residences needing special
watch, including requests from the public for such watches. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
4175-12 Stolen Property Records - Cards, lists, or logs
providing an abstract record of stolen property, including stolen
vehicles, usually including description of item or vehicle, place
and date stolen, serial numbers, and similar information. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
4175-13 Teletype Messages - Teletype messages received from
other law enforcement agencies or through crime information networks
that are not made part of offense investigation records (see item
number 4125-05) or other records groups in this schedule. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
4175-14 Uniform Crime Reports - Copies of uniform crime
reports submitted to the Texas Department of Public Safety.
a) Monthly reports. RETENTION: 3 years.
b) Annual reports. RETENTION: PERMANENT.
4175-15 Wanted Persons Files - Records received on persons
wanted by other law enforcement agencies. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
*4175-16 Protective Orders
a) Emergency protective orders issued by magistrates pursuant
to Article 17.292, Code of Criminal Procedure. RETENTION: Date
of order + 31 days. (Exempt from destruction request to the Texas
State Library)
b) Protective orders (original and modified) issued pursuant
to Sections 3.581, 71.11, 71.12 and 71.15, Family Code, including
notices of vacation of orders. RETENTION: Date of receipt of notice
of vacation of order; date order expires according to its terms;
or 1 year, whichever soonest. (Exempt from destruction request
to the Texas State Library)
c) Periodic lists of persons under protective orders. RETENTION:
US. (Exempt from destruction request to the Texas State Library)
*4175-17 Brady Bill Handgun Statements - Statements made
by persons who wish to have handguns sold, transferred, or delivered
to them.
a) Statements and any associated documentation of those to whom
the sale, transfer, or delivery of a handgun would not violate
federal or state law. RETENTION: Must be destroyed within 20 business
days from the date the statement was signed. [By law - 18 U.S.C.
Section 922(s)(6)(B)(i).]
b) Statements and any associated documentation of those to whom
the sale, transfer, or delivery of a handgun would violate federal
or state law. RETENTION: 3 years.
*4175-18 Concealed Handgun Records
a) Lists of persons who possess concealed handgun permits submitted
by the Texas Department of Public Safety to county sheriffs, and
other law enforcment agencies on request. RETENTION: US. (Exempt
from destruction request to the Texas State Library)
b) Copies of reports submitted by law enforcement agencies to
the Texas Department of Public Safety as required by 37 TAC 6.119
regarding reportable incidents involving holders of concealed
handgun permits that do not become part of arrest and offense
investigation records (see item numbers 4125.02 and 4125-05).
RETENTION: 2 years.
*4175-19 Help End Auto Theft (HEAT) Records - Records of
persons enrolling in the Help End Auto Theft (HEAT) program, including
registration forms and written notices of cancellation from participants
that title to a registered vehicle has been transferred or that
they no longer wish to participate in the program. RETENTION: 4
years or upon receipt of cancellation notice, whichever sooner.
Section 2-4: Jail Records
Retention Note: Some of the records in this section are
maintained by sheriffs only, as chief jailers of a county. The retention
periods in this section are binding, however, on other law enforcement
agencies if they operate a jail or have holding cells and records
of the types described are created and maintained, unless the description
of the record clearly confines the application of the retention
period to county jails only.
4200-01 Headcount Reports - Periodic watch reports or checklists
of all prisoners incarcerated. RETENTION: 1 year. (Exempt from destruction
request to the Texas State Library)
4200-02 Jail Incident Reports - Reports of incidents that
result in physical harm, or a serious threat of physical harm, to
an employee or inmate of a jail or other person, and reports of
investigations of such incidents, showing names of persons involved,
description of incident, actions taken, and date and time of the
occurrence. RETENTION: 5 years.
Retention Note: If a jail incident results in a criminal
investigation and arrest, the reports must be retained for the
retention periods prescribed in item numbers 4125-02 and 4125-05,
as applicable.
4200-03 Jail Inspection and Operation Reports and Logs -
Inspection reports of a jail and various aspects of its operation
and logs or calendars of such inspections, except records of the
types described included in other record groups in this part.
a) Daily and weekly reports. RETENTION: 2 years.
b) Monthly or other periodic reports compiled on a sub-annual
basis not included in (a). RETENTION: 3 years.
c) Annual reports. RETENTION: PERMANENT.
4200-04 Jail Operational Plans - Written plans required
of sheriffs by the rules of the Texas Commission on Jail Standards
relating to the operations of a county jail on life safety, prisoner
classification, the provision of medical services, staffing, sanitation,
prisoner discipline, prisoner grievance procedures, prisoner education
and rehabilitation, prisoner privileges, the processing of female
prisoners, and such other plans as the commission may require. RETENTION:
US + 5 years.
4200-05 Jail Population Reports - Monthly county jail population
reports submitted to a district or county attorney pursuant to Code
of Criminal Procedure, art. 2.19, and to the Texas Commission on
Jail Standards, pursuant to Government Code, Section 511.0101. RETENTION:
2 years.
4200-06 Jail Register - A summary record, in some form,
of each person committed to a jail, showing at a minimum, the name
and gender of the person, intake number, the reason for their commitment
or confinement, and the date of their release or transfer.
a) County jail registers. RETENTION: PERMANENT.
b) Registers for all other local jails. RETENTION: 2 years.
4200-07 Prisoner Conduct and Disciplinary Records - Records
relating to the conduct of, or disciplinary action taken with regard
to each prisoner, including records of good time credit earned and
notices and reports issued by a disciplinary hearing panel. RETENTION:
Release or transfer of prisoner + 2 years.
4200-08 Prisoner Counseling Records - Records relating to
the counseling of prisoners.
a) Records of psychological or psychiatric testing and counseling,
of alcohol or substance abuse counseling, or of any counseling
concerning medical matters. RETENTION: Release or transfer of
prisoner + 5 years.
b) Records of counseling of individual prisoners not noted in
(a). RETENTION: Release or transfer of prisoner + 2 years.
c) Administrative records of jail counseling programs. RETENTION:
3 years.
4200-09 Prisoner Grievance Records - Written grievances
from prisoners and records of decisions of grievance boards. RETENTION:
Release or transfer of prisoner + 2 years.
4200-10 Prisoner Incarceration Records - Documentation on
the commitment, transfer, or release of each prisoner incarcerated,
including personal and classification data sheets; forms used for
booking-in and booking-out; and copies of court commitment, transfer,
or release orders or similar documents that purport to legally authorize
a person's confinement. (See also item number 4200-06.) RETENTION:
Release or transfer of the prisoner + 2 years.
4200-11 Prisoner Medical Records - Records relating to the
medical condition of and medical treatment given to each prisoner,
including medical screening reports, medical isolation reports,
reports by physicians or allied health personnel, and records of
medications given or medical procedures administered. RETENTION:
Release or transfer of prisoner + 5 years.
4200-12 Prisoner Property Inventories and Receipts - Records
documenting the receipt or confiscation of personal property from
prisoners upon commitment and the return of non-confiscated property
to prisoners upon release. RETENTION: Release or transfer of prisoner
+ 2 years.
4200-13 Prisoner Telephone and Visitor Records
a) Logs or similar records of prisoner requests to make phone
calls, usually showing date of request, name of prisoner, and
whether request granted or denied. RETENTION: 1 year or 1 year
after last entry if in bound volume. (Exempt from destruction
request to the Texas State Library)
b) Logs, visitor cards, and similar records documenting visits
to prisoners. RETENTION: 1 year or 1 year after last entry if
in bound volume. (Exempt from destruction request to the Texas
State Library)
4200-14 Prisoner Transfer Records - Copies retained by a
sheriff of any of the documents required to accompany the transfer
of a prisoner from a county jail to the Texas Department of Criminal
Justice as provided by Code of Criminal Procedure, art, 42.09(8)(a).
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
Retention Note: It is an exception to the retention period
for this record group that the original of an arrest report as
required by Code of Criminal Procedure, art. 42.09(8)(a)(6) must
be retained for the retention periods set out on item number 4125-02,
if the sheriff's department making the transfer made the arrest.
4200-15 Texas Commission on Jail Standards, Annual Reports
to - Copies of annual reports on jail conditions submitted by a
sheriff to the Texas Commission on Jail Standards. RETENTION: PERMANENT.
4200-16 Texas Commission on Jail Standards, Inspection Reports
and Notices of - Reports, either annual or at more frequent intervals,
of inspections of a county jail by representatives of the Texas
Commission on Jail Standards and any notices of noncompliance, remedial
orders, and copies of deficiency correction reports submitted by
a sheriff to the commission. RETENTION: PERMANENT.
4200-17 Video Tapes of Prisoners - Video tapes of prisoners
in cells or other areas of a jail or holding facility. RETENTION:
30 days. (Exempt from destruction request to the Texas State Library)
Section 2-5: Juvenile Delinquency Records
*Special Note: This section remains in effect until the
effective date of adoption of Local Schedule JR (Juvenile Records)
by the Texas State Library and Archives Commission by an amendment
to 13 TAC 7.125.
Special Note: Law enforcement records relating to the
investigation of offenses committed by juveniles or records concerning
the taking of juveniles into custody are subject to sealing under
Family Code, Section 51.16, except - since 1 September 1987 -
for case papers concerning an adjudication of delinquency based
on a violation of a penal law of the grade of felony. On entry
of a sealing order by a juvenile court, law enforcement records
relating to the case must be transferred to the court issuing
the order and all index references to the files and records ordered
sealed must be deleted. The retention periods in this section
apply to unsealed records of juveniles in the possession of law
enforcement agencies.
4225-01 Juvenile Disposition Reports and Procedural Documentation
a) Copies of reports submitted by a law enforcement agency to
the juvenile probation department or to another office or official
designated by the juvenile court on the number and type of non-referred
juvenile dispositions by the agency under authority of Family
Code, Section 52.03 (see item number 4225-03). RETENTION: AV.
(Exempt from destruction request to the Texas State Library)
b) Juvenile disposition procedural documentation. RETENTION:
US. (Exempt from destruction request to the Texas State Library)
4225-02 Juvenile Delinquency Records (Referred Cases) -
Offense reports, warning notices, fingerprints, photographs, and
other records relating to the investigation of an offense committed
by a juvenile and the taking of the juvenile into custody in those
instances in which a warning notice has been issued to the child
or the case has been referred to the juvenile court.
Retention Note: The retention periods set out below are
divided into two groups - those in subsection (a) dealing with
records arising from delinquent conduct committed on or before
31 August 1987 and those in subsection (b) dealing with records
arising from a delinquent conduct committed on or after 1 September
1987. The Texas Legislature has determined that an offense occurred
on or after 1 September 1987 if all the elements of the offense
occurred on or after that date.
a) Records concerning delinquent conduct committed on or before
31 August 1987:
1) Fingerprint cards and photographs only:
A) If a petition alleging that the juvenile engaged in delinquent
conduct or conduct indicating a need for supervision is not
filed, the proceedings are dismissed, the juvenile is found
not to have engaged in the alleged conduct, or the juvenile
is found to have engaged in the conduct but has reached the
age of 18 and there is no record that he or she committed
a criminal offense after reaching the age of 17. RETENTION:
Must be destroyed immediately upon fulfillment of any of the
conditions listed. [By law - Family Code, Section 51.15(e)
before 1987 amendment.] (Exempt from destruction request to
the Texas State Library)
B) If the juvenile is found to have engaged in the conduct,
has reached the age of 18, but there is a record that he or
she committed an offense after reaching the age of 17. RETENTION:
Follow the retention period in (a)(2)(B).
Retention Note: For records retention requirements
for fingerprints and photographs of juveniles in non-referred
cases see item number 4225-03.
2) All other case papers.
A) If a petition alleging the juvenile engaged in delinquent
conduct or conduct indicating a need for supervision is not
filed, the proceedings are dismissed, or the juvenile is found
not to have engaged in the alleged conduct. RETENTION: Until
the individual is 18.
B) If the juvenile is found to have engaged in delinquent
conduct. RETENTION: Until the individual is 23.
b) Records concerning delinquent conduct committed on or after
1 September 1987:
1) Fingerprint cards and photographs only:
A) If a petition alleging that the juvenile engaged in delinquent
conduct or conduct indicating a need for supervision is not
filed, the proceedings are dismissed, or the juvenile is found
not to have engaged in the alleged conduct; or the juvenile
is found to have engaged in the conduct but has reached the
age of 18, is not subject to commitment to the Texas Youth
Commission or to transfer under a determinate sentence to
the Texas Department of Corrections, and there is no record
that he or she committed a criminal offense after reaching
the age of 17; or the person is older than 18 years and at
least three years have elapsed after the person's release
from commitment, and there is no evidence that he or she committed
a criminal offense after release. RETENTION: Must be destroyed
immediately upon fulfillment of any of the conditions listed.
[By law - Family Code, Section 51.15(e).] (Exempt from destruction
request to the Texas State Library)
Retention Note: For records retention requirements
for fingerprints and photographs of juveniles in non-referred
cases see item number 4225-03.
B) If the juvenile is found to have engaged in conduct involving
a violation of the penal code of a grade other than a felony,
has reached the age of 18, but there is a record that he or
she committed an offense after reaching the age of 17. RETENTION:
Follow the retention periods in (b)(2)(B) or (C), as applicable.
C) If the juvenile is found to have engaged in conduct involving
a violation of the penal code of the grade of felony. RETENTION:
Follow the retention period in (b)(2)(C).
2) All other case papers:
A) If a petition alleging the juvenile engaged in delinquent
conduct or conduct indicating a need for supervision is not
filed, the proceedings are dismissed, or the juvenile is found
not to have engaged in the alleged conduct. RETENTION: Until
the individual is 18.
B) If the juvenile was adjudged delinquent based on the
violation of a penal law other than the grade of felony. RETENTION:
Until the individual is 23.
C) If the juvenile was adjudged delinquent based on the violation
of a penal law of the grade of felony, or was sentenced to
the Texas Youth Commission with a transfer to the Texas Department
of Correction under determinate sentencing procedures, or
was tried as an adult. RETENTION: Follow the retention periods
for item numbers 4125-02 or 4125-05, as applicable.
4225-03 Juvenile Delinquency Records (Non-Referred Cases)
- Offense reports, disposition reports, fingerprints, photographs,
and other records relating to the investigation of an offense committed
by a juvenile and the taking of the juvenile into custody in those
instances in which the case is referred to an agency other than
the juvenile court or the juvenile probation department or a conference
is held with the parent, guardian, or custodian of the child without
additional referral.
a) Fingerprints - If a juvenile is fingerprinted for the purpose
of comparison with latent fingerprints found during the investigation
of an offense and the comparison is negative or if the comparison
is positive, but the case is not referred to the juvenile court.
RETENTION: Must be destroyed immediately. [By law - Family Code,
Section 51.15(f).] (Exempt from destruction request to the Texas
State Library)
b) Photographs - If, during the investigation of a criminal offense,
a juvenile in custody is photographed to assist in the identification
of the offender and the juvenile is not identified as the offender
or the juvenile is identified as the offender, but the case is
not referred to the juvenile court. RETENTION: Must be destroyed
immediately. [By law - Family Code, Section 51.15(h).] (Exempt
from destruction request to the Texas State Library)
c) All other case papers. RETENTION: Until individual is 18.
4225-04 Juvenile Detention Register - Register or roster
of juveniles temporarily held in a juvenile processing room pending
disposition. RETENTION: 2 years.
Retention Note: This record series also includes similar
records of juveniles confined to jail or equivalent detention
centers prior to the passage of state law providing for juvenile
processing rooms.
Section 2-6: Records of Writs and Process
4250-01 Civil Writs and Process - Writs, notices, orders,
and other civil process issuing from a court or other legally authorized
agencies or individuals to be executed, posted, or published by
a peace officer, including any attached proofs of service; execution;
sale; or publication, and, if required by the type of process, any
replevy or indemnity bonds. RETENTION: Return to issuing court or
agency after execution or attempted execution.
4250-02 Criminal Process - Original and copies of criminal
process to be executed or used by a peace officer.
a) Arrest warrants, capiases of all types, and witness attachments.
RETENTION: Retain until arrest or attachment is made or process
is dismissed or recalled, then return to issuing court.
b) Search warrants and inventories of property. RETENTION: Return
to court after use.
c) All other criminal process. RETENTION: Return to issuing court
after execution or attempted execution.
4250-03 Jury Summons Records - Jury lists or registers
of jurors summoned for service on petit or grand juries. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
4250-04 Process Logs or Dockets - Logs, dockets, or lists
of civil and criminal process received and served by a law enforcement
agency. RETENTION: 2 years; or if in bound volume, 2 years after
last entry.
Retention Note: It is an exception to the retention period
given that if a process log maintained by a sheriff or constable
doubles as a fee book (see item number 4300-04), it must be retained
for FE + 5 years.
Section 2-7: Permit Records and Associated Documentation
Retention Note: Any record used to document the receipt
of money for the issuance of permits in this section must be retained
for the applicable retention periods for item number 1025-27 in
Local Schedule GR (Records Common to All Governments).
4275-01 Alarm Permits
a) Applications for burglar and similar intruder alarm permits,
copies of permits or other documentation evidencing issuance,
and any inspection or evaluation reports prepared during a permit
period. RETENTION: Expiration or revocation of permit + 3 years
for granted permits; date of denial + 1 year for denied permits.
(Documentation on denied permits is exempt from destruction request
to the Texas State Library.)
b) Logs or reports of false alarms. RETENTION: 2 years.
4275-02 Blaster Permits - Applications for blaster permits,
copies of permits or other documentation evidencing issuance, and
any inspection, evaluation, or follow-up reports, prepared during
a permit period. (Applicable to sheriffs in counties over 2,000,000
only.) RETENTION: Expiration or revocation of permit + 3 years for
granted permits; date of denial + 1 year for denied permits. (Documentation
on denied permits is exempt from destruction request to the Texas
State Library.)
4275-03 Taxi Permits - Applications for taxi permits, copies
of permits or other documentation evidencing issuance, and any inspection
or evaluation reports prepared during a permit period. RETENTION:
Expiration or revocation of permit + 2 years for granted permits;
date of denial + 1 year for denied permits. (Documentation on denied
permits is exempt from destruction request to the Texas State Library.)
4275-04 Wrecker Permits
a) Applications for wrecker permits, copies of permits or other
documentation evidencing issuance, and any inspection or evaluation
reports prepared during a permit period. RETENTION: Expiration
or revocation of permit + 3 years for granted permits; date of
denial + 1 year for denied permits. (Documentation on denied permits
is exempt from destruction request to the Texas State Library.)
b) Logbooks or similar records documenting the dispatch and/or
towing by authorized wreckers. RETENTION: 1 year. (Exempt from
destruction request to the Texas State Library)
Section 2-8: Financial Records
Retention Note: For other financial records relating to
law enforcement activities, see Part 2 of Local Schedule GR (Records
Common to All Governments).
4300-01 Contraband Forfeiture Fund Documentation - Record
of receipts and disbursements to or from funds involving proceeds
or property seized and forfeited under Chapter 59, Code of Criminal
Procedure. RETENTION: FE + 5 years.
4300-02 Expense Account Records - Documentation of expenses
incurred by a sheriff for feeding and lodging jurors, reimbursable
mileage for out-county service, housing and feeding of prisoners,
conveyance of witnesses, and other expenses permitted by law. RETENTION:
FE + 3 years.
4300-03 Expense and Collections Reports - Annual, monthly,
or other periodic reports from a sheriff or constable to the commissioners
court, the county auditor, or any other county or district official
of office expenses incurred or of fines, costs, judgments, claims,
and commissions collected for the county. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
4300-04 Fee Book - Record or account of fees collected by
a sheriff or constable for the service of civil and criminal process
or for other activities for which the officer can collect fees by
law. RETENTION: FE + 5 years.
4300-05 Work Release Salary Fund Records
a) Ledger of receipts and disbursements into or out of the fund.
RETENTION: FE + 5 years.
b) Payment records of each inmate participating in a work release
program, showing name of inmate, salary received, and deductions
allowable by law. RETENTION: FE + 3 years.
Section 2-9: Personnel and Training Records
Retention Note: This part supplements and should be used
in conjunction with Part 3 of Local Schedule GR (Records Common
to All Governments).
4325-01 Police Academy Records (including both licensed
academies and other local government entities under agreement with
the Texas Commission on Law Enforcement Officer Standards and Education
to provide training).
a) Records relating to the administration and conduct of academic
and skills training as required by the policies and rules of the
Texas Commission on Law Enforcement Officer Standards and Education.
RETENTION: 5 years. [By regulation - 37 TAC 211.66(e)(13)]
b) Copies of inspection and follow-up inspection reports by inspectors
of the Texas Commission on Law Enforcement Officer Standards and
Education, including notices of non-compliance with commission
standards. RETENTION: 5 years.
c) Minutes of meetings of academy advisory boards. RETENTION:
5 years. [By regulation - 37 TAC 215.67(e)]
Retention Note: It is an exception to the retention
periods given in this record group, that records documenting
the training and educational achievement of employees as described
in item number 1050-28(a) in Local Schedule GR (Records Common
to All Governments) must be retained for date of separation
+ 5 years for police officers and recruits employed by the local
government that operates the police academy or conducts the
training program under agreement with the Texas Commission on
Law Enforcement Standards and Education.
4325-02 Weapons Proficiency Tests - Reports of weapons proficiency
tests administered to peace officers. RETENTION: US + 3 years; or
date of separation + 1 year, whichever sooner.
*4325-03 Resignation or Termination, Reports of - Copies
of reports from a law enforcement agency to the Texas Commission
on Law Enforcement Standards and Education on the resignation or
termination of persons from the agency who are licensed by the commission.
RETENTION: Date of separation + 5 years.
Section 2-10: Miscellaneous Records
4350-01 Applications for Deputies - Copies of applications
submitted by a sheriff or constable to a commissioners court for
deputies, assistants, or clerks. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
4350-02 Convict Labor Record - Register of convicts hired
out to individuals and firms for private work, showing name of convict,
offense, amount of fines or costs, to whom hired, details of surety
bond, type of labor, rate of pay, date contracted, date discharged,
and similar information. RETENTION: PERMANENT. (Obsolete record
created by county judges or sheriffs from 1875 to 1925.)
4350-03 Estray Records - Copies of estray reports, affidavits
from owners, reports of injury to or the escape of an estray, notices
of impoundment, and reports of sale of estray maintained by sheriffs
or constables. RETENTION: AV after filing of original records with
county clerk. (Exempt from destruction request to the Texas State
Library)
4350-04 Gambling Device Records - Documentation on the ownership
or transfer of ownership of antique gambling devices furnished to
sheriffs pursuant to Penal Code, Section 47.06(d). RETENTION: PERMANENT,
but see retention note.
Retention Note: If a sheriff's department receives notice
from the former owner of an antique gambling device that the device
has been transferred to a new owner, documentation submitted previously
by the former owner concerning the device, including the notice
of transfer of ownership, need be retained only as long as administratively
valuable and is exempt from the destruction request requirement.
*4350-05 Bingo License Notifications - Notifications submitted
to sheriffs and municipal police departments by bingo licensees
that they have been issued a license to conduct bingo in the law
enforcement agency's jurisdiction. RETENTION: 1 year. (Exempt from
destruction request to the Texas State Library)
return
to top
Part 3: Records of County Medical Examiners
Special Note: For other administrative, financial, and
personnel records of medical examiners see Local Schedule GR (Records
Common to All Governments).
Section 3-1: Death Investigation Records
4375-01 Deaths Resulting From Traffic Accidents, Reports
of - Copies of reports of persons killed in traffic accidents submitted
to the Texas Department of Public Safety. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
4375-02 Inquest Case Files - Records relating to inquests
or death investigations conducted by a medical examiner for the
county or for any county in a medical examiner district headed by
the examiner. (See also item number 4375-06.)
a) Investigative reports by medical examiner, pathologists, or
investigators; autopsy reports; toxicology, histology, and similar
laboratory reports supportive of an autopsy or used as the basis
for determining a cause of death; any affidavits taken during
investigation; and copies of death certificates. RETENTION: PERMANENT.
Retention Note: Copies of death certificates need to
be kept only as long as administratively valuable and are exempt
from the destruction notice requirement if the information on
the certificate is included in one or more of the other reports
listed in (a).
b) Photographs and tissue slides. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
c) Requests and consents for autopsy; funeral home releases;
reports of death; copies of cremation certificates; personal effects
inventories; reports from law enforcement agencies, physicians,
funeral homes, and hospitals; correspondence, subpoenas and other
court-issued process; copies of injury reports submitted to the
Texas Department of Health, and similar documents relating to
an inquest investigation. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
d) Notices of and documentation concerning organ removal for
transplant purposes. RETENTION: 3 years.
Retention Note: The retention period of as long as administratively
valuable is assigned to inquest-related documentation under
(b) and (c) because the value of the various documents and photographs
varies greatly depending on the circumstances of the death investigated.
For example, the value of case papers arising from the investigation
of a death that is subsequently certified as being from natural
causes is generally much less than that in which the certification
is homicide. In another example, personal property inventories,
of minor value in a case in which the decedent died of natural
causes and the property has been claimed, are often of crucial
importance in a case in which the decedent has not been identified.
4375-03 Inquest and/or Autopsy Logs - Logs or lists of deaths
investigated and/or autopsies performed. RETENTION: PERMANENT.
Retention Note: The requirement that a log or list of
deaths investigated by a medical examiner be retained permanently
may be satisfied by the permanent retention of an index to the
inquest case files (see item number 4375-02).
4375-04 Missing Persons Documentation - Reports on missing
persons received from law enforcement and other agencies. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
4375-05 Morgue Registers - Registers or log sheets recording
the arrival and removal of bodies from the morgue. RETENTION: AV.
(Exempt from destruction request to the Texas State Library)
4375-06 Out-County Autopsy Records - Originals or copies
of reports of autopsies performed for other counties on a fee basis,
including any associated photographs, tissue slides, and laboratory
reports. RETENTION: 5 years.
Section 3-2: Laboratory Records
4400-01 Autopsy and Laboratory Work-Up Documentation - Laboratory
worksheets, notes, sound recordings, and similar records used for
recording instrument readings, personal observations, and similar
data in order to compile autopsy and laboratory reports. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
Retention Note: The retention and disposition of work-up
documentation should be guided by the same considerations discussed
in the retention note to item number 4375-02(d) in this schedule.
4400-02 Equipment Repair and Maintenance Record - Record
of maintenance, service, and repair to instruments used to conduct
toxicology, histology, and other laboratory tests and procedures.
RETENTION: LA.
4400-03 Laboratory Logs - Logs or registers of toxicological,
histological, or other laboratory tests and procedures performed.
RETENTION: 3 years.
4400-04 Quality Control Text Reports or Logs - Reports or
logs of quality tests run on laboratory equipment used for toxicological,
histology, or other laboratory tests and procedures. RETENTION:
3 years.
Section 3-3: Miscellaneous Records
4425-01 Applications for Deputies - Copies of applications
to the commissioners court for deputies, assistants, and clerks.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
4425-02 Expense and Collections Reports - Annual, monthly,
or other periodic reports to a commissioners court or the county
auditor of office expenses incurred or of fines, costs, judgments,
claims, and commissions collected for the county. RETENTION: AV.
(Exempt from destruction request to the Texas State Library)
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Part 4: Records of Fire Fighting and Emergency
Medical Service Agencies
Special Note: The term "local policy" as used
in this part means an ordinance, order, or resolution of the governing
body of a local government or an administrative regulation of
a fire fighting or emergency medical services department whose
authority derives from the ordinance, order, or resolution.
Section 4-1: Fire and Emergency
Medical Response Records
4450-01 Arson Investigation Records - Investigative, laboratory,
and insurance reports; affidavits; depositions; photographs; and
similar records used to determine the cause, origin, and circumstances
of fires or other incidents.
a) Investigations in which it is determined that a fire was not
caused by arson. RETENTION: Date of determination + 5 years.
b) Investigations in which it is determined that a fire was caused
by arson. RETENTION: Follow retention periods for item numbers
4125-02 or 4125-05, as applicable.
*4450-02 Emergency Medical Service Run Reports - Emergency
ambulance run activity reports, advanced life support report forms,
and similar records pertinent to documenting the condition and treatment
of sick or injured persons by emergency medical personnel. RETENTION:
6 years, 3 months from date service rendered, or until the patient's
20th birthday, whichever later.
4450-03 Fire Record - A log, register, consolidated daily
or other periodic report, or any other form of record that provides
in summary form information on each fire or other incident to which
fire or emergency medical personnel have responded, including at
a minimum the date, time, location, and nature of the incident.
RETENTION: 2 years; or 2 years after last entry if in bound volume.
4450-04 Incident Reports - Reports, including those completed
on Texfirs or other incident reporting system forms, of each fire
or other incident to which a fire fighting or other fire agency
unit has responded, detailing the type of incident, units responding,
action taken, equipment used, and other pertinent data. RETENTION:
5 years.
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Section 4-2: Fire Prevention and Inspection
Records
4475-01 Alarm Permits and Associated Documentation
a) Installation certificates for fire detection and fire alarm
devices or systems filed with fire agencies by rule (37 TAC 531.17)
of the Texas Commission on Fire Protection. RETENTION: Life of
device or system.
b) Applications for fire detection and alarm permits, copies
of permits or other documentation evidencing issuance, and any
inspection or evaluation reports prepared during a permit period,
if permits are required by local policy. RETENTION: Expiration
or revocation of permit + 3 years for granted permits; date of
denial + 1 year for denied permits. (Documentation on denied permits
is exempt from destruction request to the Texas State Library.)
4475-02 Automatic Sprinkler System Permits and Associated
Documentation
a) Automatic sprinkler material and test certificates filed with
fire agencies by rule (37 TAC 541.16) of the Texas Commission
on Fire Protection. RETENTION: Life of system.
b) Applications for automatic sprinkler system permits, copies
of permits or other documentation evidencing issuance, and any
inspection or evaluation reports prepared during a permit period,
if permits are required by local policy. RETENTION: Expiration
or revocation of permit + 3 years for granted permits; date of
denial + 1 year for denied permits. (Documentation on denied permits
is exempt from destruction request to the Texas State Library.)
*4475-03 Certificates of Occupancy - Copies of certificates
of occupancy or record of their issuance used to certify final approval
for the occupancy of new structures or old structures that have
been remodeled to the extent that a certificate of occupancy is
required by local policy. RETENTION: AV, but see retention note.
(AV records are exempt from destruction request to the Texas State
Library.)
Retention Note: In a municipality or in any other local
government that has authority to certify occupancy, certificates
of occupancy must be retained in accordance with item number 5250-06
in Local Schedule PW (Records of Public Works and Services), if
it is the fire agency rather than a building inspection, planning,
or other department that issues the official certificate of occupancy
or its equivalent.
4475-04 Complaints - Complaints regarding possible violations
of the fire code or potential fire hazards. RETENTION: Resolution
of the complaint + 3 years.
4475-05 Controlled Burn Records - Applications for permits
for controlled burning and copies of or comparable record of permits
issued. RETENTION: 1 year. (Exempt from destruction request to the
Texas State Library)
4475-06 Drill and Simulation Records - Reports and related
documentation of drills, simulations, and triage exercises conducted
or participated in by fire, emergency medical, or emergency communications
personnel. RETENTION: 5 years.
4475-07 Hazardous Materials Records
a) Lists of names of representatives of employers and manufacturing
employers knowledgeable about hazardous chemicals used or stored,
facility and workplace chemical lists, and material safety data
sheets (MSDS) submitted to fire chiefs under authority of Health
and Safety Code, Title 6, Subtitle D. RETENTION: US. (Exempt from
destruction request to the Texas State Library)
Retention Note: When it is known with reasonable certainty
that an employer or manufacturing employer has ceased business
and that hazardous chemicals have been removed from the place
of former business, the records listed in (a) may be disposed
of and are exempt from the destruction notice requirement.
b) Applications, copies of permits or documentation evidencing
issuance, and pertinent supplemental documentation relating to
the issuance of permits for the sale, use, storage, manufacture,
or transport of flammable, corrosive, explosive, or other hazardous
materials and chemicals as may be required by local policy. RETENTION:
Expiration or revocation of permit + 3 years for granted permits;
1 year for denied permits. (Denied permits are exempt from destruction
request to the Texas State Library.)
4475-08 Inspection Reports and Logs - Documentation concerning
the inspection of structures and other property by fire agency personnel
for fire hazards, conformity with codes and regulations, and for
such other reasons permitted by state law or local policy.
a) Inspection reports of commercial, mercantile, and industrial
structures; day care centers and foster homes; hospitals and nursing
homes; schools; and other structures or property whose periodic
inspection is required by state law or local policy. RETENTION:
US + 3 years, but see retention note.
b) Inspection reports on an as-needed basis of any structure
or property whose periodic inspection is not required by state
law or local policy. RETENTION: 3 years.
c) Inspection reports of private residences done as part of fire
prevention and safety programs. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
d) Logs or similar records, arranged by date, address, or name
of inspector, listing inspections carried out by the agency. RETENTION:
3 years.
e) Master card or comparable record on each structure described
in (a) providing the location and description of the property
and containing summary data on inspections and code violations.
RETENTION: Life of structure.
Retention Note: If a master record is not maintained,
then the inspection reports described in (a) must be maintained
for the life of the structure.
4475-09 Notification of Violations Records
a) Copies of notifications sent or given to the owner, agent,
or occupant of a structure or property to correct a violation
found during an inspection, including documentation verifying
that the violation has been corrected. RETENTION: Verification
of correction + 3 years.
Retention Note: Verification of correction means the
date of a follow-up inspection or the receipt of documentation,
sufficient in terms of local policy, showing proof of correction.
b) Records relating to the certification of a structure as substandard.
RETENTION: Verification that structure has been brought up to
code + 3 years or until demolition + 3 years, as applicable.
4475-10 Plan Review Records - Documentation relating to
the review of construction plans by fire agency personnel as may
be required by local policy. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
4475-11 Pre-Fire Planning Records - Planning and survey
reports, building plans, and similar records of individual structures
or building complexes used to plan fire fighting strategies. RETENTION:
US or AV, as applicable. (Exempt from destruction request to the
Texas State Library)
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Section 4-3: Apparatus and Equipment Records
Retention Note: For aircraft and vehicle maintenance records
see Section 1-2 of this schedule.
4500-01 Alarm and Hydrant Records
a) Reports on the inspection, test, and maintenance of agency
alarm and alarm boxes (including private alarms linked to department
master systems) and of fire hydrants. RETENTION: US + 3 years
b) Inventories of alarms and hydrants, showing location, type
of equipment, etc. RETENTION: US. (Exempt from destruction request
to the Texas State Library)
*4500-02 Breathing Apparatus Inspection Records - Reports,
as required by the Texas Commission on Fire Protection, of the inspection
and testing of self-contained breathing apparatus, including reports
of all tests required by the commission. RETENTION: 3 years. [By
regulation - 37 TAC 435.3(6).]
4500-03 Protective Clothing Records
a) Daily or other periodic reports on the inspection of protective
clothing. RETENTION: 3 years.
b) Inventories of protective clothing. RETENTION: US. (Exempt
from destruction request to the Texas State Library)
4500-04 Texas Commission on Fire Protection Records - Copies
of inspection and follow-up inspection reports by inspectors of
the Texas Commission on Fire Protection, including notices of non-compliance
with commission standards. RETENTION: 5 years.
Section 4-4: Training Records
Retention Note: This part supplements and should be used
in conjunction with Part 3 of Local Schedule GR (Records Common
to All Governments).
4525-01 Emergency Medical Service Training Records - Records
relating to the training (including continuing education) of emergency
medical personnel sufficient to document who was trained and when,
in what subject, and by whom; scores received in academic achievement
and performance tests (including copies of all written tests), and
similar records of the training and achievement of individual students.
RETENTION: 5 years.
Retention Note: It is an exception to the retention periods
given in this record group, that records documenting the training
and educational achievement of employees as described in item
number 1050-28(a) of Local Schedule GR (Records Common to All
Governments) must be retained for date of separation + 5 years
for emergency medical personnel employed by the local government
that conducts the training.
4525-02 Firefighter Recruit Training Facility Records -
Records relating to recruit training, certified by the Texas Commission
on Fire Protection, for structural fire, aircraft crash, and rescue
personnel sufficient to document who was trained and when, in what
subject, and by whom; scores received in academic achievement and
performance tests (including copies of all written tests); and similar
records of the training and achievement of individual students.
RETENTION: 3 years. [By regulation - 37 TAC 427.13]
Retention Note: It is an exception to the retention periods
given in this record group, that records documenting the training
and educational achievement of employees as described in item
number 1050-28(a) of Local Schedule GR (Records Common to All
Governments) must be retained for date of separation + 5 years
for fire personnel employed by the local government that operates
the training facility.
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Section 4-5: Miscellaneous Records
4550-01 County Fire Marshal Expense and Collections Reports
- Annual, monthly, or other periodic reports to the commissioners
court or the county auditor of office expenses incurred or of fines,
costs, judgments, claims, and commissions collected for the county.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
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Part 5: Records of Community Supervision and
Corrections
(Adult Probation) Departments
Retention Note: For administrative, financial, and personnel
records of community supervision and corrections departments see
Local Schedule GR (Records Common to All Governments).
4575-01 Case Records - Case record on each probationer under
the direct or indirect supervision of a community supervision and
corrections department documenting all significant actions, decisions,
and services rendered, including assessment reports, medical and
psychological information, case classification forms, supervision
plans, periodic evaluations, pre sentence investigation reports
(PSIR), criminal history records, court orders, correspondence,
and similar records relating to the supervision of the probationer.
RETENTION: Date direct or indirect supervision of the probationer
ends + 3 years.
4575-02 Caseload Records - Records documenting the distribution
of cases among probation officers, including monthly workload summaries.
RETENTION: 3 years.
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Part 6: Records of County, District, and Criminal
District Attorneys
Special Notes: a) Attorneys for local governments other
than counties should use Local Schedule GR (Records Common to
All Governments) for scheduling records.
*b) Do not not confuse records series in this part with case
papers, dockets, and minutes maintained by court clerks.
Section 6-1: Case Records
*2575-01 Case Files and Working Papers - Closed and pending
case files and working papers, including all documents, papers,
correspondence, reports, briefs, notes, drafts, photographs, video
and sound recordings, and similar records relating to criminal or
civil cases, proceedings, actions, or investigations to which the
attorney is a party on behalf of the county or the state. RETENTION:
AV after final disposition. (Exempt from destruction request to
the Texas State Library.)
Retention Notes: a) The term "final disposition"
in the retention period for this record has the following meanings:
1) For unadjudicated matters - Date decision made not to proceed
further with the matter in question.
2) For any case dismissed for want of prosecution, on the motion
of the plaintiff or the state, or for other reasons within the
power of a court - Effective date of dismissal.
3) Civil cases - Date judgment signed in a court; or if new
trial or further proceedings granted on motion or mandated on
appeal, date judgment rendered and signed in new trial or further
proceedings; or if appealed and judgment of trial court affirmed,
modified, or rendered as it should have been rendered, or appeal
dismissed, date mandate or notice of dismissal received from
appeals court.
4) Criminal cases - Date judgment signed in a court; or if
new trial or further proceedings granted on motion or mandated
by reversal on appeal, date judgment rendered and signed in
new trial or further proceedings; or if appealed and judgment
of trial court affirmed or judgment of acquittal issued or appeal
dismissed, date mandate or notice of dismissal received from
appeals court.
b) Prior to disposal, case and working papers shall be appraised
by the records management officer for historical value and those
determined by the records management officer to merit retention
for historical reasons must be retained permanently.
2575-02 Civil Docket or Case Log - Docket or log of civil
cases brought or defended by the attorney. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
2575-03 Court Docket or Case Log - Docket or log of civil
and criminal cases, a combination form of item numbers 2575-02 and
2575-04. RETENTION: AV. (Exempt from destruction request to the
Texas State Library)
2575-04 Criminal Docket or Case Log - Docket or log of criminal
cases prosecuted by the attorney. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
2575-05 Delinquent Tax Notices - Copies of notices of delinquent
property sent to property owners by the county tax assessor-collector
and used by the attorney as the basis for tax suits.
a) Notices dated 1979 or earlier. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
b) Notices dated 1980 and after. RETENTION: Follow retention
period for item number 2575-01. (Exempt from destruction request
to the Texas State Library)
2575-06 Grand Jury Docket or Minutes - Minutes or record
of proceedings before a grand jury. RETENTION: 10 years.
Retention Note: If any grand jury docket in the possession
of the attorney is simply a copy of a grand jury docket in the
custody of the district clerk, it need be kept only as long as
administratively valuable and is exempt from destruction request
to the Texas State Library.
2575-07 Jail Population Reports - Monthly reports submitted
by the sheriff showing the names of all inmates housed in the county
jail. RETENTION: AV. (Exempt from destruction request to the Texas
State Library)
2575-08 Legal Opinions - Legal opinions rendered by the
attorney to a county or precinct officer. RETENTION: PERMANENT.
2575-09 Medical Examiners Records - Reports and copies of
autopsy findings and other records of death investigations conducted
by medical examiners and filed with the attorney. RETENTION: Follow
retention period for item number 2575-01. (Exempt from destruction
request to the Texas State Library)
2575-10 Register of Official Acts - Register of all official
acts as required by Section 41.008, Government Code. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
2575-11 Wire and Oral Communications Interceptions, Annual
Reports of - Copies of annual reports submitted by the attorney
to the Administrative Office of the United States Courts and the
Director of the Texas Department of Public Safety on activities
relating to wire and oral communications interceptions. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
Section 6-2: Administrative and Financial Records
Special Note: For personnel and other administrative and
financial records of county and district attorneys see Local Schedule
GR (Records Common to All Governments).
2600-01 Applications for Deputies - Copies of applications
to the commissioners court for deputies, assistants, and clerks.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
2600-02 Attorney General, Report to - Copies of periodic
or special reports to the Attorney General on such matters as the
Attorney General may require. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
2600-03 Contraband Forfeiture Fund Documentation - Record
of receipts and disbursements to or from proceeds or property seized
and forfeited under Chapter 59, Code of Criminal Procedure. RETENTION:
FE + 5 years.
2600-04 Expense and Collections Reports - Annual, monthly,
or other periodic reports to the commissioners court, the county
auditor, the district clerk, or the State Comptroller of office
expenses incurred or of fines, costs, judgments, claims, and commissions
collected for the county or the state. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
2600-05 Hot Check Fund Documentation - Record of receipts
and disbursements to or from a fund established under Code of Criminal
Procedure, art. 102.007, relating to fees for collecting and processing
sight orders. RETENTION: FE + 5 years.
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