reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 201.009 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 201 - General Provisions|Section 201.009. Access to Records

Sec. 201.009.  ACCESS TO RECORDS.  (a)  Local government records are subject to Chapter 552, Government Code.(b)  Any local government record to which public access is denied under Chapter 552, Government Code, including a birth record maintained by a local registrar, is, if still in existence, open to public inspection 75 years after it was originally created or received.  However, a death record maintained by a local registrar is, if still in existence, open to public inspection 55 years after it was originally created or received.  This subsection does not limit the authority of a governing body or an elected county officer to establish retention periods for records under Section 203.042.(c)  Subsection (b) does not apply to a local government record whose public disclosure is prohibited by an order of a court or by another state law.|Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 462 (S.B. 1907), Sec. 2, eff. September 1, 2011.|
TX Loc Govt Code § 202.001 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.001. Destruction of Records

Sec. 202.001.  DESTRUCTION OF RECORDS.  (a)  A local government record may be destroyed if:(1)  the record is listed on a valid records control schedule and either its retention period has expired or it has been microfilmed or stored electronically in accordance with the requirements of Chapters 204 and 205;(2)  the record appears on a list of obsolete records as provided by Section 203.044; or(3)  the record is not listed on a records retention schedule issued by the commission and the local government provides notice to the commission at least 10 days before destroying the record as required by Section 441.169, Government Code.(b)  The following records may be destroyed without meeting the conditions of Subsection (a):(1)  records the destruction or obliteration of which is directed by an expunction order issued by a court pursuant to state law; and(2)  records defined as exempt from scheduling or filing requirements by rules adopted by the commission or listed as exempt in a records retention schedule issued by the commission.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1149 (H.B. 557), Sec. 9, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 13, eff. September 1, 2019.|
TX Loc Govt Code § 202.002 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.002. Litigation and Open Records Requests

Sec. 202.002.  LITIGATION AND OPEN RECORDS REQUESTS.  (a)  Regardless of any other provision of this subtitle or rules adopted under it, a local government record the subject matter of which is known by the custodian to be in litigation may not be destroyed until the litigation is settled.(b)  Regardless of any other provision of this subtitle or rules adopted under it, a local government record subject to a request under Chapter 552, Government Code, may not be destroyed until the request is resolved.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.|
TX Loc Govt Code § 202.003 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.003. Method of Destruction

Sec. 202.003.  METHOD OF DESTRUCTION.  (a)  A local government record may be destroyed by burning, shredding, pulping, or burial in a landfill or by sale or donation for recycling purposes except as provided by Subsection (b).(b)  Records to which public access is restricted under Chapter 552, Government Code, or other state law may be destroyed only by burning, pulping, or shredding.(c)  A local government that sells or donates records for recycling purposes shall establish procedures for ensuring that the records are rendered unrecognizable as local government records by the recycler.(d)  The director and librarian may approve other methods of destruction that render the records unrecognizable as local government records.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.|
TX Loc Govt Code § 202.004 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.004. Alienation of Records

Sec. 202.004.  ALIENATION OF RECORDS.  (a)  A local government record may be sold or donated, loaned, transferred, or otherwise passed out of the custody of a local government to any public institution of higher education, public museum, public library, or other public entity with the approval of the local government's records management officer and after the expiration of the record's retention period under the local government's records control schedule.(b)  A local government record may not be sold or donated (except for the purposes of recycling), loaned, transferred, or otherwise passed out of the custody of a local government to any private college or university, private museum or library, private organization of any type, or an individual, except with the consent of the director and librarian and after the expiration of its retention period under the local government's records control schedule.(c)  A records management officer or custodian may temporarily transfer a local government record to a person for the purposes of microfilming, duplication, conversion to electronic media, restoration, or similar records management and preservation procedures.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 28, eff. Sept. 1, 1995.|
TX Loc Govt Code § 202.005 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.005. Right of Recovery

Sec. 202.005.  RIGHT OF RECOVERY.  (a)  The governing body may demand and receive from any person any local government record in private possession created or received by the local government the removal of which was not authorized by law.(b)  If the person in possession of a local government record refuses to deliver the record on demand, the governing body may petition the district court of the county in which the person resides for the return of the record.  If the court finds that the record is a local government record, the court shall order the return of the record.(c)  As part of the petition to the district court or at any time after its filing, the governing body may petition to have the record seized pending the determination of the court if the governing body finds the record is in danger of being destroyed, mutilated, altered, secreted, or removed from the state.(d)  The director and librarian may demand and receive from any person any local government record of permanent value in private possession.(e)  If the person in possession of the local government record of permanent value refuses to deliver the record on demand, the director and librarian may ask the attorney general to petition for the recovery of the record as provided by this section.  As part of the petition or at any time after its filing, the attorney general may petition to have the record seized pending the determination of the court if the governing body finds the record is in danger of being destroyed, mutilated, altered, secreted, or removed from the state.(f)  A local government record recovered as the result of a petition by the attorney general shall be transferred to the custody of the commission or, at the discretion of the director and librarian, be returned to the local government that originally had custody of the record.(g)  If a local government refuses to deliver custody of a record to the commission as provided by Section 201.007, 201.008, or 203.050, the director and librarian may ask the attorney general to petition for recovery of the record.  If the court determines that the director and librarian has acted in accordance with Section 201.007, 201.008, or 203.050, as applicable, and with regard to Section 203.050, the court finds that the survival of the record is imperiled, the court shall order the record to be transferred to the custody of the commission.(h)  If a governing body petitions a court for the recovery of a record under Subsection (b) and prevails or if the attorney general petitions a court for the recovery of a record under Subsection (e) or (g) and prevails, the court shall award attorney's fees and court costs to the prevailing party.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 202.006 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.006. Destruction of Nonrecord Material

Sec. 202.006.  DESTRUCTION OF NONRECORD MATERIAL.  (a)  Material that is not included in the definition of a local government record and is described by Section 201.003(8)(A), (B), or (C) may be disposed of at the discretion of the custodian or the creator of the document, as applicable, subject to any policies developed in each local government or elective county office regarding the destruction.(b)  Extra identical copies of a local government record to which public access is restricted under Chapter 552, Government Code, or other state law may be destroyed only by burning, pulping, or shredding.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.|
TX Loc Govt Code § 202.007 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.007. Personal Liability

Sec. 202.007.  PERSONAL LIABILITY.  A custodian of local government records, records management officer, or other officer or employee of a local government may not be held personally liable for the destruction of a local government record if the destruction is in compliance with this subtitle and rules adopted under it.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 202.008 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.008. Penalty: Destruction or Alienation of Record

Sec. 202.008.  PENALTY:  DESTRUCTION OR ALIENATION OF RECORD.  An officer or employee of a local government commits an offense if the officer or employee knowingly or intentionally violates this subtitle or rules adopted under it by destroying or alienating a local government record in contravention of this subtitle or by intentionally failing to deliver records to a successor in office as provided by Section 201.006(a).  An offense under this section is a Class A misdemeanor.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 202.009 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 202 - Destruction and Alienation of Records|Section 202.009. Penalty: Possession of Record by Private Entity

Sec. 202.009.  PENALTY:  POSSESSION OF RECORD BY PRIVATE ENTITY.  (a)  A private college or university, a private museum or library, a private organization of any other type, or an individual commits an offense if the entity knowingly or intentionally acquires or possesses a local government record.  An offense under this subsection is a Class A misdemeanor.(b)  It is a defense to prosecution under this section that a private college, university, museum, or library, by agreement with the commission under Subchapter J, Chapter 441, Government Code, provides physical housing for a local government record the title to which has been vested in the commission.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.001 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.001. Definitions

Sec. 204.001.  DEFINITIONS.  In this chapter:(1)  "Microfilm" means roll microfilm, microfiche, and all other formats produced by any method of microphotography or other means of miniaturization on film.(2)  "Microfilming" means the methods, procedures, and processes used to produce roll microfilm, microfiche, or other microphotographic formats.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.002 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.002. Authorization

Sec. 204.002.  AUTHORIZATION.  Any local government record may be maintained on microfilm in addition to or instead of paper or other media, subject to the requirements of this chapter and rules adopted under it.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.003 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.003. Microfilm Produced Under Prior Law

Sec. 204.003.  MICROFILM PRODUCED UNDER PRIOR LAW.  (a)  All microfilm produced before June 1, 1990, under prior law is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law.(b)  In rules adopted under Section 204.004, the commission may establish procedures for the retrospective certification of uncertified or improperly certified microfilm produced before April 1, 1990, that otherwise meets the standards prescribed by prior law.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.004 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.004. Standards and Procedures

Sec. 204.004.  STANDARDS AND PROCEDURES.  (a)  The commission shall adopt rules on or before April 1, 1990, establishing standards and procedures for the microfilming of local government records.  The rules must be approved as required by Section 441.165, Government Code.(b)  The rules must prescribe:(1)  standards for film quality, resolution, density, definition, and chemical stability;(2)  tests and other methods of inspection required to establish that prescribed standards have been met;(3)  procedures for verifying that records have been filmed accurately;(4)  procedures for the certification of microfilmed records;(5)  standards for the use of editorial and technical targets on microfilm;(6)  standards for the production of use copies from and the storage of master microfilm negatives;(7)  procedures for the labeling and indexing of microfilmed records;(8)  procedures establishing the manner in which court case papers must be filmed;(9)  procedures for the expunction of criminal records on microfilm pursuant to court order;(10)  standards for computer-output microfilm;  and(11)  standards for providing access by the members of the public to records on microfilm to which they are entitled under law.(c)  In rules adopted under this section, the commission may establish differing standards and procedures for the microfilming of:(1)  any permanent record;(2)  any record of a municipal, justice, county, or district court;  or(3)  any record to which access is restricted under Chapter 552, Government Code, or other state law.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.|
TX Loc Govt Code § 204.005 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.005. Rules to Be Updated

Sec. 204.005.  RULES TO BE UPDATED.  The director and librarian shall monitor standards relating to microfilming developed for use by federal agencies or adopted by national organizations that develop and set standards in the fields of information and records management in order to recommend to the commission any needed amendments to rules.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.006 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.006. Indexing

Sec. 204.006.  INDEXING.  An index to a microfilm record must show the same information that may be required by state law for an index to the same record if it is not microfilmed.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.007 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.007. Destruction of Original Records

Sec. 204.007.  DESTRUCTION OF ORIGINAL RECORDS.  (a)  The original of a record that has been microfilmed pursuant to this chapter and rules adopted under it may be destroyed before the expiration of its retention period on a records retention schedule issued by the commission.(b)  A list of the originals of microfilmed records destroyed shall be filed with the records management officer.(c)  The microfilm record must be retained until the expiration of the retention period for the original record.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 18, eff. September 1, 2019.|
TX Loc Govt Code § 204.009 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.009. Microfilm of Permanent Records to Be Supplied

Sec. 204.009.  MICROFILM OF PERMANENT RECORDS TO BE SUPPLIED.  (a)  A local government or elected county officer, at the request of the director and librarian, shall supply to the commission a copy of the microfilm of any permanent record to which access is not restricted by law.(b)  The commission shall reimburse the local government or elected county officer for the cost of the copy.  If the film duplication is performed by the local government or elected county officer, the cost must be the same as that paid by state agencies to the Texas State Library for a similar microfilm copy.  If the film duplication is done by a commercial microfilming service under contract with the local government or elected county officer, the cost of the copy may not exceed the cost paid by the local government or elected county officer for a copy under the contract.(c)  The director and librarian or an employee of the commission may not provide certified copies of a record on microfilm obtained under this section without the consent of the original local custodian of the record.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.010 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.010. Commercial Microfilm Storage Facilities

Sec. 204.010.  COMMERCIAL MICROFILM STORAGE FACILITIES.  (a)  The commission may establish a program for the certification of commercial microfilm storage facilities for the storage of the master microfilm negatives of local government records.(b)  If the commission establishes a certification program, the procedures of this subsection apply.  On request by the commercial storage facility, the director and librarian or the representative of the director and librarian shall inspect the facility to determine if the facility meets the minimum standards established by the commission under Section 204.004 for the storage of the microfilm of local government records.  If the commercial storage facility meets the minimum standards established by the commission, the name of the facility shall be added to a list of certified storage facilities to be prepared by the director and librarian and made available on request to a local government, elected county officer, or other interested party.  The inspection and certification of commercial storage facilities shall be on a fee basis to be determined by the commission.(c)  The commission shall determine the period a certification made under this section is effective.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 204.011 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 204 - Microfilming of Records|Section 204.011. Effective as Original Record

Sec. 204.011.  EFFECTIVE AS ORIGINAL RECORD.  (a)  A microfilmed record created in compliance with this chapter and rules adopted under it, including microfilm validated by Section 204.003, is an original record and shall be accepted by any court or administrative agency of this state.(b)  If issued and certified by a local government recordkeeper, a copy on paper or film of a microfilmed record shall be accepted by a court or administrative agency of this state as a certified copy of an original record.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|
TX Loc Govt Code § 205.001 (2021)
2021 Texas Statutes|Local Government Code|Title 6 - Records|Subtitle C - Records Provisions Applying to More Than One Type of Local Government|Chapter 205 - Electronic Storage of Records|Section 205.001. Definitions

Sec. 205.001.  DEFINITIONS.  In this chapter:(1)  "Electronic storage" means the maintenance of local government record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium.(2)  "Local government record data" means the information that by law, regulation, rule of court, ordinance, or administrative procedure in a local government comprises a local government record as defined by Section 201.003.(3)  "Source document" means the local government record from which local government record data is obtained for electronic storage.  The term does not include backup copies of the data in any media generated from electronic storage.|Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.|