reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.1382. Additional Funding

Sec. 441.1382.  ADDITIONAL FUNDING.  (a)  The commission may authorize a major resource system or regional library system to receive money in addition to the system operation grant, including money from:
(1)  gifts or grants from the federal government, local or regional governments, private sources, or other sources;
(2)  contracts for services;
(3)  cost-sharing arrangements; or
(4)  other fees.
(b)  The commission may authorize a major resource system or regional library system to use money received under Subsection (a) to initiate, expand, or enhance activities approved by the commission that meet commission and federal goals.
(c)  The commission may authorize a major resource system or regional library system to retain money received under Subsection (a) remaining at the end of a fiscal year for activities approved by the commission that meet commission and federal goals.
(d)  The commission by rule shall require that money received under Subsection (a) must be held in a federally insured account. Interest earned on money in the account shall be retained in the account and is subject to the same terms and reporting requirements as the corpus.
(e)  The commission by rule may require periodic reporting regarding money received under Subsection (a) and include this information in the annual audit.
(f)  Money generated through the use of state or federal funds remains the property of the state.  If the commission ceases to contract with a major resource system or regional library system, all money received under this section or described by this subsection must be promptly returned to the commission for use in regional library development programs.
Added by Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.1383. Grants to Aid Local Libraries

Sec. 441.1383.  GRANTS TO AID LOCAL LIBRARIES.  The commission shall design and implement a program of grants to aid local libraries as described by Section 441.135(b)(7) and shall require a recipient of a grant under that program to report to the commission information relating to best practices and performance outcomes.
Added by Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.152. Duties and Responsibilities of the Director and Librarian

Sec. 441.152.  DUTIES AND RESPONSIBILITIES OF THE DIRECTOR AND LIBRARIAN.  The director and librarian shall:
(1)  carry out the duties and responsibilities of the commission relating to the management and preservation of local government records imposed by this subchapter and Subtitle C, Title 6, Local Government Code;
(2)  administer the regional historical depository system and regional research centers the establishment of which is provided for by this subchapter and provide additional assistance through publications and other means to persons wishing to use local government records for historical and other research purposes;
(3)  provide assistance, information, and training to records management officers and custodians of local government records in fulfilling their responsibilities under Subtitle C, Title 6, Local Government Code;
(4)  work with other state agencies in seeking methods to assist and encourage local governments and the custodians of local government records in the establishment and operation of efficient and economical records management programs, in reducing paperwork required of local governments by the state, and in preserving records of historical value;
(5)  establish and administer a clearinghouse for information relating to all aspects of the management and preservation of local government records;  and
(6)  assist local governments in seeking grants from federal, state, and private foundations, agencies, or organizations for records management and preservation activities.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.153. Regional Historical Resource Depositories

Sec. 441.153.  REGIONAL HISTORICAL RESOURCE DEPOSITORIES.  (a)  To provide for an orderly, uniform statewide system for the professional retention and preservation of historical resources in the region of their origin or interest, the commission may enter into an agreement with a public or private library or archives to serve as a regional historical resource depository.
(b)  The commission shall adopt rules that:
(1)  establish standards that an institution must meet in order to qualify for designation as a depository;
(2)  prescribe procedures for depositing, accessioning, cataloging, storing, transferring, preserving, and providing reference services for historical resources placed in a depository;  and
(3)  establish other policies as the commission considers necessary to ensure the effective administration of the system of depositories.
(c)  An agreement under Subsection (a) may not include any provision that limits the authority of the commission to adopt or amend rules under Subsection (b).
(d)  The commission shall determine the region to be served by a depository.  An agreement may not limit the authority of the commission to change the boundaries of a region at its discretion.
(e)  The commission may place a staff member at a depository to care for historical resources deposited there by the commission and to perform other duties imposed on the commission and the director and librarian by this subchapter and Subtitle C, Title 6, Local Government Code, but an agreement may not limit the power of the commission to transfer a staff member to a duty station at times as it considers advisable.
(f)  Except as otherwise provided by Subsection (g), title to historical resources placed in a depository by the commission remains with the commission, and the historical resources may not be intermingled with other holdings of the institution that serves as a depository.
(g)  A depository may apply to the commission to transfer to the depository title to local historical resources placed in the depository by the commission.  The commission shall approve the application only if the transfer of title is in the state's best interest.  The commission, in consultation with depositories, shall adopt rules providing an application procedure and standards for evaluating applications to transfer title to local historical resources to depositories.  This subsection does not authorize the commission to transfer title to state historical resources.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.155. Placement and Removal of Resources

Sec. 441.155.  PLACEMENT AND REMOVAL OF RESOURCES.  (a)  The commission may place any historical resources in its custody in a depository or research center.
(b)  Subject only to an agreement under Section 441.154(i), the commission may remove historical resources in its custody from one depository or research center to another or to the state library in Austin if the commission determines that the removal would ensure the safety, preservation, or availability of the resources.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.156. Contracting Authority

Sec. 441.156.  CONTRACTING AUTHORITY.  (a)  The commission may enter into contracts or agreements that it considers necessary or advisable to foster and assist in the development of local government records management programs and the preservation of local government records of permanent value and to carry out its duties and responsibilities under this subchapter and Subtitle C, Title 6, Local Government Code.
(b)  No contract or agreement made by the commission may bind the state for the payment of any funds that have not been authorized by an appropriation of the legislature or that are not available in accounts established under Section 441.154(e).
(c)  The commission may sell advertising in publications developed pursuant to its duties under this subchapter and Subtitle C, Title 6, Local Government Code, and the commission may spend proceeds from the sale only to carry out those duties.  The revenue from the sale shall be deposited in the state treasury to the credit of a special fund and reappropriated to the commission.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.157. Grant-in-Aid Program

Sec. 441.157.  GRANT-IN-AID PROGRAM.  (a)  A program of state grants within the limitations of funds appropriated by the legislature is established for the purpose of aiding local governments in the establishment of records management programs or for the purposes of preserving historically valuable local government records.
(b)  The commission shall adopt rules necessary to the administration of the grant program.
(c)  The commission may use appropriated funds for personnel and other administrative expenses necessary to carry out the grant program.
(d)  The commission shall report annually to the governor and the legislature all grants made under the program.
(e)  If the United States Congress enacts legislation to fund a grant-in-aid program for the management or preservation of local government records, and if the legislation provides for the distribution of the funds by a state agency, the commission shall accept and administer the funds unless the federal legislation provides otherwise.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.158. Local Government Records Retention Schedules

Sec. 441.158.  LOCAL GOVERNMENT RECORDS RETENTION SCHEDULES.  (a)  The director and librarian, under the direction of the commission, shall prepare and distribute free of charge to records management officers of affected local governments the records retention schedules for each type of local government, including a schedule for records common to all types of local government.  The commission shall adopt the schedules by rule.
(b)  Each records retention schedule must:
(1)  list the various types of records of the applicable local government;
(2)  state the retention period prescribed by a federal or state law, rule of court, or regulation for records for which a period is prescribed;  and
(3)  prescribe retention periods for all other records, which periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of the commission.
(c)  In preparing the records retention schedules, the director and librarian shall consult with custodians and other local government officials whose records are affected by the schedules and with appropriate state agencies.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(7), eff. September 1, 2009.
(e)  After the adoption of a records retention schedule, a retention period for a record prescribed in a new or amended federal or state law, rule of court, or regulation that differs from that in a records retention schedule prevails over that in the schedule.
(f)  Expired.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 22, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 26(7), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.159. Prior Retention Periods in County Records Manual

Sec. 441.159.  PRIOR RETENTION PERIODS IN COUNTY RECORDS MANUAL.  Retention periods for county records contained in the county records manual or any amendments to the manual approved before September 1, 1989, as provided under prior law are validated and have the same effect as retention periods in a records retention schedule adopted under Section 441.158.  Any amendments to retention periods in the manual after September 1, 1989, must be in accordance with Section 441.160.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.160. Revisions to Records Retention Schedules

Sec. 441.160.  REVISIONS TO RECORDS RETENTION SCHEDULES.  The records retention schedules may be revised and the revisions take effect according to their terms when they are approved and adopted in the same manner as provided by Section 441.158.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 15, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.166. State Agency Rules

Sec. 441.166.  STATE AGENCY RULES.  A state agency other than the commission, the Texas Supreme Court, or the Texas Court of Criminal Appeals may not require a local government to retain a record for any specific period of time unless the requirements are imposed by federal law or regulation, state law, or rules adopted by the agency under Chapter 2001.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.167. Assistance and Information

Sec. 441.167.  ASSISTANCE AND INFORMATION.  The director and librarian may designate employees of the commission to provide assistance and information to local governments on records management issues under Subtitle C, Title 6, Local Government Code, or rules adopted under it.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 2, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.168. Microfilming and Storing Local Government Records

Sec. 441.168.  MICROFILMING AND STORING LOCAL GOVERNMENT RECORDS.  (a)  On request of a local government, the director and librarian may provide for the microfilming or storage of the local government records of that local government.  Local government records are open to the director and librarian for that purpose.
(b)  The commission shall establish fees for the microfilming and storage of local government records in amounts sufficient to cover the costs of administering and expanding the microfilming and storage services of the records management division in the state library for the purpose of implementing Subsection (a).  The fees received under this section shall be deposited in the state treasury in an account to be used only for the costs of administering and expanding microfilming and storage services.
(c)  The director and librarian may allow the state records center to provide for the economical and efficient storage, accessibility, protection, and final disposition of inactive and vital local government records under this section.
Added by Acts 1991, 72nd Leg., ch. 738, Sec. 1, eff. Aug. 26, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1145 (H.B. 1844), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter J. Preservation and Management of Local Government Records › Section 441.169. Duties of Local Governments

Sec. 441.169.  DUTIES OF LOCAL GOVERNMENTS.  Each local government shall:
(1)  submit to the director and librarian the name of the local government's records management officer identified under Section 203.001, Local Government Code, or designated under Section 203.025, Local Government Code, and the name of the new officer in the event of a change;
(2)  file a plan or an ordinance or order establishing a records management program and any amendments to the plan or ordinance or order with the director and librarian as required by Sections 203.005 and 203.026, Local Government Code;
(3)  notify the commission at least 10 days before destroying a local government record that does not appear on a records retention schedule issued by the commission; and
(4)  file with the director and librarian a written certification as provided by Section 203.041, Local Government Code, that the local government has prepared a records control schedule that:
(A)  establishes a retention period for each local government record as required by Subchapter C, Chapter 203, Local Government Code; and
(B)  complies with a local government records retention schedule distributed by the director and librarian under Section 441.158 and any other state and federal requirements.
Added by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.181. State Archives Program

Sec. 441.181.  STATE ARCHIVES PROGRAM.  (a)  The commission shall take legal custody of and preserve archival state records and shall endeavor to collect and preserve other historical resources determined by the director and librarian to possess sufficient value to warrant continued preservation in the state archives.
(b)  The director and librarian shall appoint a state archivist to administer the state archives program.
(c)  Under the direction of the director and librarian, the state archivist shall:
(1)  identify and designate archival state records and arrange for their transfer to the custody of the commission in accordance with Section 441.186;
(2)  according to accepted archival practices, arrange, describe, and preserve archival state records and historical resources that come into the possession of the commission through gift, purchase, or other means that the director and librarian determines shall be included in the state archives program;
(3)  prepare inventories, indexes, catalogs, or other research aids to state archival records and other historical resources held by the program;
(4)  encourage public use of state archival records and other historical resources held by the program and provide public access to them in accordance with rules adopted by the commission under Section 441.193;
(5)  cooperate with and, when practicable, provide training and consultative assistance to state agencies, libraries, organizations, and individuals on projects designed to preserve original source materials relating to Texas history, government, and culture;
(6)  advise the director and librarian and the commission on all matters concerning the acquisition and preservation of archival state records and other historical resources;  and
(7)  perform other duties as this subchapter or the director and librarian may require.
(d)  Under the direction of the director and librarian, the state archivist shall also assist in carrying out the duties of the commission and the director and librarian relating to the preservation of local government records of permanent value under Subtitle C, Title 6, Local Government Code, and Subchapter J.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.1815. State Archives Strategic Plan

Sec. 441.1815.  STATE ARCHIVES STRATEGIC PLAN.  The commission, with input from interested persons, shall develop and implement a comprehensive strategic plan regarding the state archives.  The commission shall update the strategic plan at least once every five years.  The strategic plan must include:
(1)  an assessment of any current archives backlog;
(2)  a prioritized list of projects and goals related to the state archives;
(3)  an evaluation of the resources needed to achieve the commission's goals related to the state archives, including the impact that different amounts of those resources are expected to have on the commission's ability to achieve those goals;
(4)  performance measures, targets, and timeframes for achieving the commission's goals related to the state archives;
(5)  a mechanism for regular reporting to the commission on progress toward achieving the commission's goals related to the state archives; and
(6)  opportunities and standards for entering into collaborative agreements with interested persons regarding the state archives.
Added by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.1821. Legislative Records Management

Sec. 441.1821.  LEGISLATIVE RECORDS MANAGEMENT.  (a)  As used in this section, "legislative record" has the meaning assigned by Section 324.001.
(b)  Upon receipt of a request from the Legislative Reference Library for the return of a legislative record in the custody of the commission, the commission shall immediately return the legislative record to the library, at no cost to the library.
(c)  Notwithstanding any other law, the Legislative Reference Library shall manage legislative records under Chapter 324.  To the extent of any conflict, Chapter 324 prevails over this chapter or any other state law relating to the management of state records that are legislative records.
Added by Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 29, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.183. Records Management Programs in State Agencies

Sec. 441.183.  RECORDS MANAGEMENT PROGRAMS IN STATE AGENCIES.  The agency head of each state agency shall:
(1)  establish and maintain a records management program on a continuing and active basis;
(2)  create and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency designed to furnish information to protect the financial and legal rights of the state and any person affected by the activities of the agency;
(3)  make certain that all records of the agency are passed to the agency head's successor in the position of agency head;
(4)  identify and take adequate steps to protect confidential and vital state records;
(5)  cooperate with the commission in the conduct of state agency records management surveys;  and
(6)  cooperate with the commission, the director and librarian, and any other authorized designee of the director and librarian in fulfilling their duties under this subchapter.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.184. Records Management Officers

Sec. 441.184.  RECORDS MANAGEMENT OFFICERS.  (a)  Each state agency head shall act as or appoint a records management officer for the state agency to administer the agency's records management program.  An employee of an agency is eligible to be appointed as the agency's records management officer only if the employee holds a position in which the employee reports directly to the agency head or to a person with a title functionally equivalent to deputy executive director.
(b)  The records management officer for each state agency shall:
(1)  administer the records management program established under Section 441.183;
(2)  assist the agency head in fulfilling all of the agency head's duties under this subchapter and rules adopted under this subchapter;
(3)  disseminate to employees of the agency information concerning state laws, administrative rules, and agency policies and procedures relating to the management of state records;  and
(4)  fulfill all duties required of records management officers under this subchapter and rules adopted under this subchapter.
(c)  A records management officer designated under this section continues to serve in that capacity until:
(1)  the officer ceases employment with the state agency;
(2)  the agency head chooses to act as the records management officer for the agency;  or
(3)  the agency head appoints another person as the records management officer.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 321, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.185. Record Retention Schedules

Sec. 441.185.  RECORD RETENTION SCHEDULES.  (a)  Each records management officer, with the cooperation of any staff of a state agency that the officer considers necessary, shall survey the state records of the agency and prepare and submit a records retention schedule to the state records administrator.
(b)  The records retention schedule must list the state records created and received by the agency, propose a period of time each record shall be maintained by the agency, and provide other information necessary for the operation of an effective records management program.
(c)  The state records administrator and the state archivist shall review the schedule and recommend the schedule's approval or disapproval to the director and librarian and the state auditor.  The state auditor, based on a risk assessment and subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013, may review the schedule.
(d)  If the director and librarian, and the state auditor, if the state auditor reviewed the schedule under Subsection (c), approve the schedule, the schedule may be used as the basis for the lawful disposition of state records under Section 441.187 for a period to be determined by the commission.
(e)  The commission shall adopt rules concerning the submission of records retention schedules to the state records administrator.
(f)  The commission may by rule prescribe a minimum retention period for any state record unless a minimum retention period for the record is prescribed by another federal or state law, regulation, or rule of court.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 14, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.1855. Retention of Contract and Related Documents by State Agencies

Sec. 441.1855.  RETENTION OF CONTRACT AND RELATED DOCUMENTS BY STATE AGENCIES.  (a)  Notwithstanding Section 441.185 or 441.187, a state agency:
(1)  shall retain in its records each contract entered into by the state agency and all contract solicitation documents related to the contract; and
(2)  may destroy the contract and documents only after the seventh anniversary of the date:
(A)  the contract is completed or expires; or
(B)  all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract or documents are resolved.
(b)  A contract solicitation document that is an electronic document must be retained under Subsection (a) in the document's electronic form.  A state agency may print and retain the document in paper form only if the agency provides for the preservation, examination, and use of the electronic form of the document in accordance with Subsection (a), including any formatting or formulas that are part of the electronic format of the document.
(c)  In this section:
(1)  "Contract solicitation document" includes any document, whether in paper form or electronic form, that is used by a state agency to evaluate responses to a competitive solicitation for a contract issued by the agency.
(2)  "Electronic document" means:
(A)  information that is created, generated, sent, communicated, received, or stored by electronic means; or
(B)  the output of a word processing, spreadsheet, presentation, or business productivity application.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.187. Destruction of State Records

Sec. 441.187.  DESTRUCTION OF STATE RECORDS.  (a)  A state record may be destroyed by a state agency if:
(1)  the record appears on a records retention schedule approved under Section 441.185 and the record's retention period has expired;
(2)  a records destruction request is submitted to the state records administrator and approved by the director and librarian, or the designee of the director and librarian, for a state record that does not appear on the approved records retention schedule of the agency;  or
(3)  the record is exempted from the need to be listed on a records destruction request under rules adopted by the commission.
(b)  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 for the record set by the commission or in the approved records retention schedule of the agency until the completion of the action and the resolution of all issues that arise from the action, or until the expiration of the retention period, whichever is later.
(c)  The director and librarian may destroy any state record in the physical custody of the commission under Section 441.182 whose minimum retention requirements have expired without the consent of the agency head if, in the opinion of the director and librarian and either the attorney general or the state auditor, there is no justification under this subchapter or other state law for the record's further retention.
(d)  A state record may be destroyed before the expiration of its retention period on the approved records retention schedule of the state agency that has custody of the record only with the special consent of the director and librarian and, if the record possesses fiscal or financial value, with the concurrent consent of the state auditor.
(e)  The commission may adopt rules prescribing the permissible means by which state records may be destroyed.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.188. Microfilmed State Records

Sec. 441.188.  MICROFILMED STATE RECORDS.  (a)  Any state record may be maintained on microfilm.
(b)  The microfilming of any state record and the maintenance of a state record on microfilm must be in accordance with standards and procedures adopted as administrative rules of the commission.
(c)  A microfilmed state record created in compliance with the rules of the commission is an original record and the microfilmed record or a certified copy of it shall be accepted as such by any court or administrative agency of this state.
(d)  A microfilmed state record that was produced in accordance with any state law in force before September 1, 1997, is considered an original record.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.189. Electronic State Records

Sec. 441.189.  ELECTRONIC STATE RECORDS.  (a)  Any state record may be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the commission.
(b)  Certified output from electronically digitized images or other electronic data compilations created and stored in accordance with the rules of the commission shall be accepted as original state records by any court or administrative agency of this state unless barred by a federal law, regulation, or rule of court.
(c)  Certified output from electronically digitized images or other data compilations created before September 1, 1997, in accordance with any applicable prior law shall be accepted as original state records or, in the absence of an applicable prior law, at the discretion of the court or administrative agency.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.190. Protection, Maintenance, and Storage of State Records

Sec. 441.190.  PROTECTION, MAINTENANCE, AND STORAGE OF STATE RECORDS.  (a)  The commission may adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records.
(b)  In the development and adoption of the rules, the commission shall pay particular attention to the maintenance and storage of archival and vital state records and may adopt rules as it considers necessary to protect them.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.191. Alienation of State Records Prohibited

Sec. 441.191.  ALIENATION OF STATE RECORDS PROHIBITED.  (a)  A state record may not be sold or donated, loaned, transferred, or otherwise passed out of the custody of the state by a state agency without the consent of the director and librarian.
(b)  Subsection (a) does not apply to the temporary transfer of a state record to a person for the purposes of microfilming, duplication, conversion to electronic media, restoration, or similar records preservation or management procedures if the transfer is authorized by the agency head or designated records management officer.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.192. Right of Recovery

Sec. 441.192.  RIGHT OF RECOVERY.  (a)  The governing body of a state agency may demand the return of any state record in the private possession of a person if the removal of the state record from the state agency or the agency's predecessor was not authorized by law.
(b)  The director and librarian may demand the return of any state record or archival state record in the private possession of any person.
(c)  If the person in possession of the state record or archival state record refuses to deliver the record on demand, the director and librarian or the governing body of a state agency may ask the attorney general to petition a district court in Travis County for the recovery of the record as provided by this section.  If the court finds that the record is a state record or archival state record, the court shall order the return of the record to the custody of the state.  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 director and librarian or governing body finds the record is in danger of being destroyed, mutilated, altered, secreted, or removed from the state.
(d)  A state government record recovered under Subsection (c) shall be transferred to the custody of the commission or the state agency that originally demanded the return of the record.
(e)  If the attorney general recovers a record under Subsection (c), the court shall award attorney's fees and court costs to the attorney general.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 17, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.193. Custody of State Records and Other Historical Resources of Commission; Public Access

Sec. 441.193.  CUSTODY OF STATE RECORDS AND OTHER HISTORICAL RESOURCES OF COMMISSION;  PUBLIC ACCESS.  (a)  All archival state records transferred to the custody of the commission in accordance with this subchapter and all other historical resources acquired by the commission through gift or purchase become the property of the commission.
(b)  The director and librarian, the state archivist, or their authorized designees may make certified copies of archival state records or other historical resources, and the certified copies shall have the same force and effect as if certified by their original custodian or owner.
(c)  The commission shall adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission.
(d)  Except as provided in Subsection (e), any rules adopted under this section may not violate any requirements of Chapter 552 or any other state law regarding public access to state records or the terms of any agreement between the commission and a donor of other historical resources to the commission.
(e)  In rules adopted under this section, the commission may restrict access to any original archival state record or other historical resource in its possession and provide only copies if, in the opinion of the state archivist, such access would compromise the continued survival of the original record.
(f)  The commission shall ensure that the confidentiality established under Chapter 552 or any other state law of any archival state record transferred to the commission's custody under Section 441.186 shall be preserved until state law allows public access to the records.
(g)  Requests for public access to state records of other state agencies in the physical custody of the records management program of the commission established by Section 441.182 shall be denied by the state records administrator unless the state agency having legal custody of the records provides written authorization.
(h)  Authorizations for public access under Subsection (g) may not provide for public access to the original microfilm of state records.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.1935. Requirements for Requests for Information Held by State Archives Program

Sec. 441.1935.  REQUIREMENTS FOR REQUESTS FOR INFORMATION HELD BY STATE ARCHIVES PROGRAM.  (a)  The commission shall promulgate a form that persons must use to request access to information held by the state archives program.  The form must allow the requestor to designate the request either as a request for public information made under Chapter 552 or as a research request not subject to the requirements of that chapter.  The form must include:
(1)  a plain-language explanation of the difference between a request for public information made under Chapter 552 and a research request not subject to the requirements of that chapter;
(2)  the requirements for making and responding to each type of request; and
(3)  an option for the requestor to change the type of request at any time.
(b)  Notwithstanding any other law, a request for information held by the state archives program is considered to be a request for public information under Chapter 552 only if the requestor makes the request using the form described by Subsection (a) and on the form designates the request as a request for public information under Chapter 552.
Added by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.194. Records of Abolished State Agencies

Sec. 441.194.  RECORDS OF ABOLISHED STATE AGENCIES.  (a)  Unless otherwise provided by law, the comptroller shall take custody of the records of a state agency that is abolished by the legislature and whose duties and responsibilities are not transferred to another state agency.
(b)  Unless the requirement is waived by the state records administrator, the records management officer of the comptroller, or of another state agency that receives custody of the records pursuant to law, shall prepare and submit to the state archivist and the state records administrator a list of the records of the abolished state agency within 180 days of the effective date of the agency's abolition.
(c)  The state archivist shall determine which records of the abolished state agency are archival state records.  Any archival state records of the abolished state agency shall be transferred to the custody of the commission in accordance with Section 441.186.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.47, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.195. Contracting Authority

Sec. 441.195.  CONTRACTING AUTHORITY.  (a)  The commission may enter into any contract or agreement that it considers necessary or advisable to foster and assist the preservation and management of state records or other historical resources.
(b)  A contract or agreement made by the commission may not bind the state for the payment of any funds that have not been authorized by an appropriation of the legislature.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.196. Sale of Copies of State Archives

Sec. 441.196.  SALE OF COPIES OF STATE ARCHIVES.  (a)  The commission may sell copies of state archival records and other historical resources in its possession at a price not exceeding 25 percent above the cost of publishing or producing the copies.
(b)  Any money paid to the commission under this section is subject to Subchapter F, Chapter 404.
(c)  This section is not intended to conflict with Chapter 552.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.1965. Sale of Replicas From State Archives

Sec. 441.1965.  SALE OF REPLICAS FROM STATE ARCHIVES.  (a)  The commission may sell replicas of archival state records and other historical resources in its custody subject to the approval of the commission.
(b)  Money received from the sale of replicas under Subsection (a) shall be deposited to the credit of a dedicated account in the general revenue fund and may be appropriated only to the commission for the purposes of preservation, digitization, archives information services, and education.
Added by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.197. Sale of Duplicate or Unneeded Material

Sec. 441.197.  SALE OF DUPLICATE OR UNNEEDED MATERIAL.  (a)  After certification by both the director and librarian and the state archivist that an archival state record or other historical resource in the custody of the commission is a duplicate or is not needed to document the history and culture of Texas as a province, colony, republic, or state, the commission may authorize its sale by auction or other means.
(b)  Revenue from the sale of a duplicate or unneeded archival state record or other historical resource shall be used to preserve state archival records and other historical resources and to make the records and resources available for research.
(c)  The sale of an archival state record under Subsection (a) does not constitute an alienation of a state record under Section 441.191.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.