CHAPTER 204. MICROFILMING OF RECORDS
LOCAL GOVERNMENT CODE
TITLE 6. RECORDS
SUBTITLE C. RECORDS PROVISIONS APPLYING TO MORE THAN ONE TYPE OF
LOCAL GOVERNMENT
CHAPTER 204. MICROFILMING OF RECORDS
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.
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.
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.
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.
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.
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.
Sec. 204.007. DESTRUCTION OF ORIGINAL RECORDS. (a) Except as
provided by Section 204.008, 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.
Sec. 204.008. DESTRUCTION OF PERMANENT RECORDS. (a) The
original of a permanent record may not be destroyed until a
destruction authorization request is submitted to the director
and librarian certifying that the microfilm of the record meets
the standards of this chapter and rules adopted under it.
(b) Requests shall be submitted by the records management
officer or under the officer's direction or, if a records
management officer has not yet been designated under Section
203.025, by the custodian of the microfilm records.
(c) If the director and librarian or the designee of the
director and librarian approves the request, the original record
may be destroyed.
(d) In lieu of destruction, the director and librarian may
require that the original record be transferred to the custody of
the commission.
(e) If the director and librarian or the designee of the
director and librarian disapproves the request, the reasons for
the disapproval shall be stated in writing within a reasonable
time to the records management officer or custodian. The original
records may not be destroyed until the microfilm of the records
is brought into compliance with this chapter and the rules
adopted under it as evidenced by the submission of a new
destruction authorization request.
(f) The director and librarian shall determine the form and
manner of submission of destruction authorization requests
required by this section.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
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.
Sec. 204.010. COMMERCIAL MICROFILM STORAGE FACILITIES. (a) The
commission may establish a program for the certification of
commercial microfilm storage facilities for the storage of the
master microfilm negatives of local government records.
(b) If the commission establishes a certification program, the
procedures of this subsection apply. On request by the commercial
storage facility, the director and librarian or the
representative of the director and librarian shall inspect the
facility to determine if the facility meets the minimum standards
established by the commission under Section 204.004 for the
storage of the microfilm of local government records. If the
commercial storage facility meets the minimum standards
established by the commission, the name of the facility shall be
added to a list of certified storage facilities to be prepared by
the director and librarian and made available on request to a
local government, elected county officer, or other interested
party. The inspection and certification of commercial storage
facilities shall be on a fee basis to be determined by the
commission.
(c) The commission shall determine the period a certification
made under this section is effective.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 204.011. EFFECTIVE AS ORIGINAL RECORD. (a) A microfilmed
record created in compliance with this chapter and rules adopted
under it, including microfilm validated by Section 204.003, is an
original record and shall be accepted by any court or
administrative agency of this state.
(b) If issued and certified by a local government recordkeeper,
a copy on paper or film of a microfilmed record shall be accepted
by a court or administrative agency of this state as a certified
copy of an original record.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.