CHAPTER 203. MANAGEMENT AND PRESERVATION OF RECORDS
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
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.
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) prepare and file with the director and librarian 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) prepare requests for authorization to destroy records not on
an approved control schedule as provided by Section 203.045,
requests to destroy the originals of permanent records that have
been microfilmed as provided by Section 204.008, and electronic
storage authorization requests as provided by Section 205.007;
(5) identify and take adequate steps to preserve records that
are of permanent value;
(6) identify and take adequate steps to protect the essential
records of the office;
(7) 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
(8) 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.
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 fund for the
records management and preservation fees authorized under
Sections 118.052, 118.0546, and 118.0645, Section 51.317,
Government Code, and Article 102.005(d), Code of Criminal
Procedure, 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.
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.
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.
SUBCHAPTER B. ALL OTHER LOCAL GOVERNMENT OFFICES
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.
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.
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:
(A) prepare and file with the director and librarian the records
control schedules and amended schedules required by Section
203.041 and the list of obsolete records as provided by Section
203.044; and
(B) prepare or direct the preparation of requests for
authorization to destroy records not on an approved control
schedule as provided by Section 203.045, of requests to destroy
the originals of permanent records that have been microfilmed as
provided by Section 204.008, and of electronic storage
authorization requests as provided by Section 205.007;
(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.
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.
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.
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.
SUBCHAPTER C. RECORDS CONTROL SCHEDULES
Sec. 203.041. PREPARATION AND FILING OF RECORDS CONTROL
SCHEDULES. (a) On or before January 4, 1999, the records
management officer shall prepare and file with the director and
librarian:
(1) a records control schedule listing the following records and
establishing a retention period for each as provided by Section
203.042:
(A) all records created or received by the local government or
elective county office;
(B) any record no longer created or received by the local
government or elective county office that is still in its
possession and for which the retention period on a records
retention schedule issued by the commission has not expired; and
(C) any record no longer created or received by the local
government or elective county office that is still in its
possession and for which the retention period on a records
retention schedule issued by the commission has expired but which
will not be destroyed as provided by Section 203.044; or
(2) the records management officer, in lieu of filing a records
control schedule, may file with the director and librarian a
written certification of compliance that the local government or
the elective county office has adopted records control schedules
that comply with the minimum requirements established on records
retention schedules issued by the commission.
(b) At the discretion of the records management officer the
records control schedule may also list and provide retention
periods for material that is excluded from the definition of a
local government record by Section 201.003(8) and exempted
records described by Section 202.001(b) if in the officer's
opinion the inclusion of the material or records is necessary to
ensure the periodic destruction of the material or records in the
interest of efficient records management.
(c) A records management officer, in lieu of filing an amended
records control schedule, may file with the director and
librarian an amended written certification of compliance that the
local government or the elective county office has adopted
amended records control schedules to comply with the minimum
requirements established on records retention schedules issued by
the commission including any revised schedules issued by the
commission.
(d) The records management officer shall review the records
control schedules of the local government or elective county
office and prepare amendments to the schedules as needed to
reflect new records created or received by the government or
office or revisions to retention periods established in a records
retention schedule issued by the commission. Amendments to
records control schedules shall be filed with the director and
librarian in the same manner as the original schedules.
(e) The governing body shall require in the ordinance or order
establishing the records management program the review or
approval of a records control schedule or amended schedule by the
officers of the local government as it considers necessary. The
records control schedule or amended schedule for an elective
county office need only be approved by the elected official in
charge of that office.
(f) Records control schedules may be filed on an
office-by-office basis or on a department-by-department basis
within each office.
(g) A local government that intends to retain all records
permanently or that destroys only those records for which no
retention periods have been established in a records retention
schedule established under Section 441.158, Government Code, is
not required to submit a records control schedule under this
section.
(h) The director and librarian shall determine the form and
manner of the filing of records control schedules, amended
schedules, the written certification of compliance described by
Subsection (a)(2), and the amended written certification of
compliance described by Subsection (c). The director and
librarian may request that the records management officer file
with the written certification of compliance or the amended
written certification of compliance any amendment that
establishes a records series or retention requirement other than
that issued on a commission records retention schedule.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec. 29, eff.
Sept. 1, 1995.
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) If at the time a records control schedule is filed by a
local government or elected county officer with the director and
librarian as provided by Section 203.041, a records retention
schedule for the records of that type of local government or
elective county office has not been issued by the commission, the
records control schedule filed with the director and librarian
must be amended to conform with the commission schedule when it
is issued to the extent that any retention period on a records
control schedule is less than a retention period for the same
record on the commission schedule.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 203.043. FILING OF RECORDS CONTROL SCHEDULES. (a) If the
director and librarian or the designee of the director and
librarian accepts the records control schedule, amended schedule,
written certification of compliance described by Section
203.041(a)(2), or amended written certification of compliance
described by Section 203.041(c) for filing, the acceptable
records control schedule may be used as the basis for the
destruction of records listed on it without additional notice to
the director and librarian.
(b) If the director and librarian or the designee of the
director and librarian rejects the records control schedule,
amended schedule, written certification of compliance described
by Section 203.041(a)(2), or amended written certification of
compliance described by Section 203.041(c) for filing, the
reasons for the rejection shall be stated in writing within a
reasonable time to the records management officer and the
schedule, amended schedule, written certification of compliance,
or amended written certification of compliance shall be corrected
and resubmitted.
(c) The director and librarian or the designee of the director
and librarian may reject a records control schedule or amended
schedule for filing only if a retention period listed on it is
less than a retention period for the same record established on a
records retention schedule issued by the commission or if the
schedule is in violation of this subtitle or a rule adopted under
it. The director and librarian or the designee of the director
and librarian may reject a written certification of compliance
described by Section 203.041(a)(2) or an amended written
certification of compliance described by Section 203.041(c) for
filing only if the records management officer files a written
certification of compliance in a form and manner that has not
been approved by the director and librarian.
(d) The director and librarian or the designee of the director
and librarian may make it a condition of acceptance of a records
control schedule or amended schedule for filing that a record
listed on the schedule be transferred to the custody of the
commission on the expiration of its retention period rather than
being destroyed.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec. 30, eff.
Sept. 1, 1995.
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) The lists shall be submitted to the director and librarian
for approval. If the director and librarian or the designee of
the director and librarian approves the list, the records listed
on it may be destroyed. If the director and librarian or the
designee of the director and librarian disapproves the list, the
director and librarian or the designee shall state in writing
within a reasonable time to the records management officer the
record or records on the list that must be retained by the
government or elective county office or transferred to the
custody of the commission.
(d) The director and librarian shall determine the form and
manner of submission of requests to destroy obsolete records.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 203.045. DESTRUCTION OF UNSCHEDULED RECORDS. (a) Before
the filing of a records control schedule or a written
certification of compliance as provided by Section 203.041, a
local government record may be destroyed only with the prior
approval of the director and librarian.
(b) After the filing of a records control schedule, amended
schedule, written certification of compliance as provided by
Section 203.041(a)(2), or amended written certification of
compliance as provided by Section 203.041(c), a record that does
not appear on a records control schedule or amended schedule may
be destroyed only with the prior approval of the director and
librarian.
(c) Requests for authorization to destroy unscheduled records
shall be submitted by the records management officer or under the
officer's direction. However, if the request is submitted before
the filing of a records control schedule or a written
certification of compliance as provided by Section 203.041 and a
records management officer has not yet been designated as
provided by Section 203.025, the request shall be submitted by
the custodian.
(d) If the director and librarian or the designee of the
director and librarian approves the request, the records listed
on it may be destroyed. If the director and librarian or the
designee disapproves the request, the director and librarian or
the designee shall state in writing within a reasonable time to
the records management officer or custodian the record or records
on the list that must be retained by the government or
transferred to the custody of the commission.
(e) The director and librarian shall determine the form and
manner of submission of requests to destroy unscheduled records.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec. 31, eff.
Sept. 1, 1995.
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.
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.
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.
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.
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.