Final Disposition of Records Stored
at State Records Center
Legal requirements
State agencies are required by law (Texas Government Code, Section
441.187) to request authorization, from the state auditor and the
director and librarian, to destroy obsolete records. This applies
to all state records, regardless of where they are maintained.
An agency's approved form SLR 105, Records Retention Schedule,
with form SLR 105C, Records Retention Schedule Certification and
Approval Page, (signed by the state auditor and the director and
librarian) grants the agency the necessary authority to dispose
of records as specified by the schedule. If an agency does not yet
have an approved retention schedule, the agency must submit a form
RMD 102, Request for Authority to Dispose of Public Records.
How to Dispose
With an Approved Retention Schedule
A state agency has the authority to dispose of records whose retention periods have expired and that are listed on an approved records retention schedule. A state record may not be destroyed if any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the record is initiated before the expiration of a retention period involving the record. State agencies are required by law to request authorization from the Director and Librarian to destroy obsolete records. [TGC §441.187].
Without an Approved Retention Schedule
For records not listed on an approved records retention schedule, a state agency must submit the form RMD 102, Request for Authority to Dispose of State Records. Do not dispose of the records until an approved form is returned.
Stored at SRC
The RMO for a state agency is encouraged to initiate the authorization for final disposition of their records by submitting a letter to the SRC listing the 106 Approval Number, the Transaction Number, (lower right corner of RMD 101 form) the number of containers for disposition, and a copy of the appropriate RMD 101 Transmittal of State Records form.
SRC staff will review, as time allows, to identify records that have reached the end of their retention periods. Based on this review, a disposal authorization request is sent to the agency RMO. Final disposition of state records includes destruction, archival review, transfer to the Texas State Archives, or return to the agency. To verify disposition, the RMO may call the manager of Records Center Services at 421-7250.
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