reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter A. Elective County Offices › Section 203.001. Records Management Officer

Sec. 203.001.  RECORDS MANAGEMENT OFFICER.  Each elected county officer is the records management officer for the records of the officer's office.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter A. Elective County Offices › Section 203.002. Duties and Responsibilities of Elected County Officers as Records Management Officers

Sec. 203.002.  DUTIES AND RESPONSIBILITIES OF ELECTED COUNTY OFFICERS AS RECORDS MANAGEMENT OFFICERS.  The elected county officer shall:
(1)  develop policies and procedures for the administration of an active and continuing records management program;
(2)  administer the records management program so as to reduce the costs and improve the efficiency of recordkeeping;
(3)  identify and take adequate steps to preserve records that are of permanent value;
(4)  identify and take adequate steps to protect the essential records of the office;
(5)  ensure that the maintenance, preservation, microfilming, destruction, or other disposition of records is carried out in accordance with the policies and procedures of the records management program and the requirements of this subtitle and rules adopted under it; and
(6)  cooperate with the commission in its conduct of statewide records management surveys.
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. 14, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter A. Elective County Offices › Section 203.003. Duties of Commissioners Court

Sec. 203.003.  DUTIES OF COMMISSIONERS COURT.  The commissioners court of each county shall:
(1)  promote and support the efficient and economical management of records of all elective offices in the county to enable elected county officers to conform to this subtitle and rules adopted under it;
(2)  facilitate the creation and maintenance of records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of each elective office and designed to furnish the information necessary to protect the legal and financial rights of the local government, the state, and the persons affected by the activities of the local government;
(3)  facilitate the identification and preservation of the records of elective offices that are of permanent value;
(4)  facilitate the identification and protection of the essential records of elective offices;
(5)  establish a county clerk records management and preservation fund for fees subject to Section 118.0216 and approve in advance any expenditures from the fund; and
(6)  establish a records management and preservation account for the records management and preservation fees authorized under Sections 135.101 and 135.102, and approve in advance any expenditures from the fund, which may be spent only for records management preservation or automation purposes in the county.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 675, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.36, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.12, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter A. Elective County Offices › Section 203.004. Director and Librarian

Sec. 203.004.  DIRECTOR AND LIBRARIAN.  The director and librarian shall provide advice and assistance to records management officers in establishing records management programs and in carrying out the other requirements of this subtitle and rules adopted under it.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter A. Elective County Offices › Section 203.005. Records Management Program to Be Established

Sec. 203.005.  RECORDS MANAGEMENT PROGRAM TO BE ESTABLISHED.  (a)  On or before January 1, 1991, each elected county officer shall adopt a written plan establishing an active and continuing program for the efficient and economical management of the records of the elective office of which the elected officer is custodian.
(b)  The plan must provide policies, methods, and procedures to fulfill the duties and responsibilities set out in Section 203.002 concerning the management and preservation of records.  The plan may establish additional policies or procedures for the operation of the records management program that are consistent with the requirements of this subtitle and rules adopted under it.
(c)  A copy of the plan must be filed by the elected county officer with the director and librarian within 30 days after the date of its adoption.
(d)  A plan establishing or relating to a records management program adopted before September 1, 1989, must be amended if any provision of the plan is in conflict with this subtitle or a rule adopted under it.  A copy of the amended plan shall be filed with the director and librarian as provided by Subsection (c).
(e)  A copy of an amended plan relating to the establishment or operation of the records management plan must be filed with the director and librarian within 30 days after the date of its adoption.
(f)  The director and librarian or the designee of the director and librarian shall within a reasonable time bring to the attention of the elected county officer in writing any aspect of a plan filed in the office of the director and librarian or that otherwise comes to the attention of the director and librarian that is inconsistent with requirements of this subtitle or rules adopted under it.
(g)  An elected county officer is authorized, instead of or in conjunction with submitting a plan and establishing an independent records program for the elective office, to participate in a county program established as provided by Subchapter B  or in one or more specific components of a county program and to authorize the records management officer of the county program to act as the records management officer for the records of the elective office.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter B. All Other Local Government Offices › Section 203.021. Duties and Responsibilities of Governing Body

Sec. 203.021.  DUTIES AND RESPONSIBILITIES OF GOVERNING BODY.  The governing body of a local government, including a commissioners court with regard to nonelective county offices, shall:
(1)  establish, promote, and support an active and continuing program for the efficient and economical management of all local government records;
(2)  cause policies and procedures to be developed for the administration of the program under the direction of the records management officer;
(3)  facilitate the creation and maintenance of local government records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the local government and designed to furnish the information necessary to protect the legal and financial rights of the local government, the state, and persons affected by the activities of the local government;
(4)  facilitate the identification and preservation of local government records that are of permanent value;
(5)  facilitate the identification and protection of essential local government records;  and
(6)  cooperate with the commission in its conduct of statewide records management surveys.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter B. All Other Local Government Offices › Section 203.022. Duties and Responsibilities of Custodians

Sec. 203.022.  DUTIES AND RESPONSIBILITIES OF CUSTODIANS.  (a)  Custodians of records in each local government shall:
(1)  cooperate with the records management officer in carrying out the policies and procedures established by the local government for the efficient and economical management of records and in carrying out the requirements of this subtitle;
(2)  adequately document the transaction of government business and the services, programs, and duties for which the custodian and the custodian's staff are responsible;  and
(3)  maintain the records in the custodian's care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the local government's records management program and the requirements of this subtitle and rules adopted under it.
(b)  State law relating to the duties, other responsibilities, or recordkeeping requirements of a custodian of local government records do not exempt the custodian or the records in the custodian's care from the application of this subtitle and rules adopted under it and may not be used by the custodian as a basis for refusal to participate in the records management program of the local government whose establishment is required by this chapter.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter B. All Other Local Government Offices › Section 203.023. Duties of Records Management Officer

Sec. 203.023.  DUTIES OF RECORDS MANAGEMENT OFFICER.  The records management officer in each local government shall:
(1)  assist in establishing and developing policies and procedures for a records management program for the local government;
(2)  administer the records management program and provide assistance to custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping;
(3)  in cooperation with the custodians of the records, prepare the records control schedules and amended schedules required by Section 203.041 and the list of obsolete records as provided by Section 203.044;
(4)  in cooperation with custodians, identify and take adequate steps to preserve local government records that are of permanent value;
(5)  in cooperation with custodians, identify and take adequate steps to protect essential local government records;
(6)  in cooperation with custodians, ensure that the maintenance, preservation, microfilming, destruction, or other disposition of records is carried out in accordance with the policies and procedures of the local government's records management program and the requirements of this subtitle and rules adopted under it;
(7)  disseminate to the governing body and custodians information concerning state laws, administrative rules, and the policies of the government relating to local government records; and
(8)  in cooperation with custodians, establish procedures to ensure that the handling of records in any context of the records management program by the records management officer or those under the officer's authority is carried out with due regard for:
(A)  the duties and responsibilities of custodians that may be imposed by law; and
(B)  the confidentiality of information in records to which access is restricted by law.
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. 15, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter B. All Other Local Government Offices › Section 203.024. Director and Librarian

Sec. 203.024.  DIRECTOR AND LIBRARIAN.  The director and librarian shall provide advice and assistance to governing bodies, custodians, and records management officers in establishing records management programs and in carrying out the other requirements of this subtitle and rules adopted under it.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter B. All Other Local Government Offices › Section 203.025. Designation of Records Management Officer

Sec. 203.025.  DESIGNATION OF RECORDS MANAGEMENT OFFICER.  (a)  On or before June 1, 1990, the governing body of each local government shall designate a records management officer by:
(1)  designating an individual;  or
(2)  designating an office or position, the holder of which shall be the records management officer.
(b)  The name, office, or position of the records management officer shall be entered on the minutes of the governing body.
(c)  The name or the name and office or position of the records management officer shall be filed by the records management officer with the director and librarian within 30 days after the date of the designation.
(d)  The designation of a new individual or a new office or position shall be entered on the minutes and reported by the records management officer to the director and librarian in the same manner as the original designation.
(e)  If the order designating a records management officer designates an office or position rather than an individual, a new holder of that office or position must file the holder's name with the director and librarian within 30 days after the date of assuming the office or position.
(f)  Through an agreement or contract under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes), a person may serve as records management officer to more than one local government if the person is employed by one of the local governments that is party to the contract or agreement or employed by an administrative agency that is created by the contract or agreement.
(g)  An elected county officer may not be designated as records management officer for the nonelective offices of a county without the county officer's consent.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter B. All Other Local Government Offices › Section 203.026. Records Management Program to Be Established

Sec. 203.026.  RECORDS MANAGEMENT PROGRAM TO BE ESTABLISHED.  (a)  On or before January 1, 1991, each governing body by ordinance or order, as appropriate, shall establish a records management program to be administered by the records management officer.
(b)  The ordinance or order must provide methods and procedures to enable the governing body, custodians, and the records management officer to fulfill the duties and responsibilities set out in Sections 203.021, 203.022, and 203.023 concerning the management and preservation of records.  The ordinance or order may prescribe any policies or procedures for the operation of the records management program that are consistent with the requirements of this subtitle and rules adopted under it.
(c)  A copy of the ordinance or order must be filed by the records management officer with the director and librarian within 30 days after the date of its adoption.
(d)  An ordinance or order establishing or relating to a records management program adopted before September 1, 1989, must be amended if any provision of the ordinance or order is in conflict with this subtitle or a rule adopted under it.  A copy of the amended ordinance or order shall be filed with the director and librarian as provided by Subsection (c).
(e)  A copy of an amended ordinance or revised order relating to the establishment or operation of the records management program must be filed by the governing body with the director and librarian within 30 days after the date of its adoption.
(f)  The director and librarian or the designee of the director and librarian shall within a reasonable time bring to the attention of the governing body in writing any aspect of an ordinance or order filed in the office of the director and librarian or that otherwise comes to the attention of the director and librarian that is inconsistent with the requirements of this subtitle or rules adopted under it.
(g)  The governing body in a records management program established under this section may require the mandatory destruction of any record of the local government when its retention period has expired on a records control schedule developed under Section 203.041.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter C. Records Control Schedules › Section 203.042. Retention Periods

Sec. 203.042.  RETENTION PERIODS.  (a)  A retention period for each record on the records control schedule shall be determined by the governing body or under its direction or by the elected county officer, as applicable.
(b)  A retention period may not be less than:
(1)  a retention period prescribed by a state or federal law, regulation, or rule of court;  or
(2)  a retention period for the record established on a records retention schedule issued by the commission.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(b)(2), eff. September 1, 2019.
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. 20(b)(2), eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter C. Records Control Schedules › Section 203.044. Initial Destruction of Obsolete Records

Sec. 203.044.  INITIAL DESTRUCTION OF OBSOLETE RECORDS.  (a)  In preparing a records control schedule required by Section 203.041, the records management officer may list separately those obsolete records no longer created or received by the local government or elective county office whose retention periods on a records retention schedule issued by the commission have expired and that the local government or elected county officer wishes to destroy.
(b)  The lists of obsolete records to be destroyed must be reviewed or approved in the same manner as records control schedules must be reviewed or approved under Section 203.041(e).
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(b)(4), eff. September 1, 2019.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(b)(4), eff. September 1, 2019.
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. 20(b)(4), eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter C. Records Control Schedules › Section 203.046. Recordkeeping Requirements

Sec. 203.046.  RECORDKEEPING REQUIREMENTS.  As the governing body may require, the records management officer shall keep accurate lists of records destroyed, their volume, and other information of records management activities.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter C. Records Control Schedules › Section 203.047. New Local Governments

Sec. 203.047.  NEW LOCAL GOVERNMENTS.  A local government established after September 1, 1989, shall fulfill the requirements of Sections 203.025, 203.026, and 203.041 within one year after the date of its establishment.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter C. Records Control Schedules › Section 203.048. Care of Records of Permanent Value

Sec. 203.048.  CARE OF RECORDS OF PERMANENT VALUE.  The commission shall adopt rules establishing standards for the proper care and storage of local government records of permanent value.  The commission may require that certain local government records of permanent value be created on permanent-durable paper, the standards for which shall be established by rule.  The rules must be approved as required by Section 441.165, Government Code.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter C. Records Control Schedules › Section 203.049. Transfer of Records of Permanent Value

Sec. 203.049.  TRANSFER OF RECORDS OF PERMANENT VALUE.  (a)  The governing body or elected county officer may offer to transfer records of permanent value not needed in the day-to-day business of the local government to the custody of:
(1)  the commission;  or
(2)  another local government that operates an archives, library, or museum that meets standards for the care and storage of permanent records established by the commission as provided by Section 203.048.
(b)  Transfers of permanent records to another local government require the prior approval of the director and librarian.
(c)  In a transfer of permanent records under this section, title and control of the records and all rights pertaining to the records granted by law to the original custodian or elected county officer are vested in the commission or the local government that receives the records.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter C. Records Control Schedules › Section 203.050. Inspection of Permanent Records

Sec. 203.050.  INSPECTION OF PERMANENT RECORDS.  (a)  The director and librarian or the authorized representative of the director and librarian is entitled to inspect in the offices of any local government or elected county officer the condition of any permanent record to which access by the director and librarian or the representative is not restricted by law.  The inspection is not a release of a record to a member of the public under Chapter 552, Government Code.
(b)  The director and librarian, in writing, shall bring to the attention of the governing body or elected county officer, any aspect of the storage, handling, or use of the record that imperils its survival and state what measures must be taken to properly care for and preserve the record.
(c)  If, after having been notified by the director and librarian as provided by Subsection (b), the governing body or the elected county officer fails to take required measures to preserve the record, the director and librarian may:
(1)  if the record is an obsolete record whose creation is no longer required by law, demand and receive delivery of the record to the custody of the commission;  or
(2)  if the record is required for current use by the local government, make copies of the record for the purpose of preservation by the commission.
(d)  The cost of transferring or copying records under this section shall be paid for out of funds of the commission.
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.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter D. Records and Information Provided to Comptroller › Section 203.061. Applicability of Subchapter

Sec. 203.061.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a special purpose district described by Section 403.0241(b), Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 564 (S.B. 625), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter D. Records and Information Provided to Comptroller › Section 203.062. Provision of Certain Records and Other Information to Comptroller

Sec. 203.062.  PROVISION OF CERTAIN RECORDS AND OTHER INFORMATION TO COMPTROLLER.  (a)  A special purpose district shall transmit records and other information to the comptroller annually for purposes of providing the comptroller with information to operate and update the Special Purpose District Public Information Database under Section 403.0241, Government Code.
(b)  The special purpose district may comply with Subsection (a) by affirming that records and other information previously transmitted are current.
(c)  The special purpose district shall transmit the records and other information in a form and in the manner prescribed by the comptroller.
Added by Acts 2017, 85th Leg., R.S., Ch. 564 (S.B. 625), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 203 - Management and Preservation of Records › Subchapter D. Records and Information Provided to Comptroller › Section 203.063. Penalties for Noncompliance

Sec. 203.063.  PENALTIES FOR NONCOMPLIANCE.  (a)  If a special purpose district does not timely comply with Section 203.062, the comptroller shall provide written notice to the special purpose district:
(1)  informing the special purpose district of the violation of that section; and
(2)  notifying the special purpose district that the special purpose district will be subject to a penalty of $1,000 if the special purpose district does not report the required information on or before the 30th day after the date the notice is provided.
(b)  Not later than the 30th day after the date the comptroller provides notice to a special purpose district under Subsection (a), the special purpose district must report the required information.
(c)  If a special purpose district does not report the required information as prescribed by Subsection (b):
(1)  the special purpose district is liable to the state for a civil penalty of $1,000; and
(2)  the comptroller shall provide written notice to the special purpose district:
(A)  informing the special purpose district of the liability for the penalty; and
(B)  notifying the special purpose district that if the special purpose district does not report the required information on or before the 30th day after the date the notice is provided:
(i)  the special purpose district will be subject to an additional penalty of $1,000; and
(ii)  the noncompliance will be reflected in the list maintained by the comptroller under Section 403.0242, Government Code.
(d)  Not later than the 30th day after the date the comptroller provides notice to a special purpose district under Subsection (c), the special purpose district must report the required information.
(e)  If a special purpose district does not report the required information as prescribed by Subsection (d):
(1)  the special purpose district is liable to the state for a civil penalty of $1,000; and
(2)  the comptroller shall:
(A)  reflect the noncompliance in the list maintained under Section 403.0242, Government Code, until the special purpose district reports all information required under Section 203.062; and
(B)  provide written notice to the special purpose district that the noncompliance will be reflected in the list until the special purpose district reports the required information.
(f)  The attorney general may sue to collect a civil penalty imposed by this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 564 (S.B. 625), Sec. 2, eff. September 1, 2017.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.