CHAPTER 205. ELECTRONIC STORAGE OF RECORDS
LOCAL GOVERNMENT CODE
TITLE 6. RECORDS
SUBTITLE C. RECORDS PROVISIONS APPLYING TO MORE THAN ONE TYPE OF
LOCAL GOVERNMENT
CHAPTER 205. ELECTRONIC STORAGE OF RECORDS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Electronic storage" means the maintenance of local
government record data in the form of digital electronic signals
on a computer hard disk, magnetic tape, optical disk, or similar
machine-readable medium.
(2) "Local government record data" means the information that by
law, regulation, rule of court, ordinance, or administrative
procedure in a local government comprises a local government
record as defined by Section 201.003.
(3) "Source document" means the local government record from
which local government record data is obtained for electronic
storage. The term does not include backup copies of the data in
any media generated from electronic storage.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 205.002. AUTHORIZATION. Any local government record data
may be stored electronically in addition to or instead of source
documents in 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. 205.003. STANDARDS AND PROCEDURES TO BE ADOPTED. (a) The
commission shall adopt rules establishing standards and
procedures for the electronic storage of any local government
record data of permanent value and may adopt rules establishing
standards and procedures for the electronic storage of any local
government record data whose retention period is at least 10
years on a records retention schedule issued by the commission.
The rules must be approved as required by Section 441.165,
Government Code.
(b) With regard to the types of local government record data
covered by Subsection (a), the rules may require or prescribe:
(1) standards and procedures for the generation of backup or
preservation copies of the local government record data on paper,
microfilm, electronic, or other approved media;
(2) standards and procedures for the recopying or duplication of
the magnetic tape, optical disk, or similar machine-readable
medium on which the local government record data are stored;
(3) standards and procedures for the physical storage and
maintenance of magnetic tapes, optical disks, or similar
machine-readable media;
(4) standards and procedures for providing access by members of
the public to electronically stored local government record data
to which they are entitled under law; and
(5) other standards and procedures that the commission considers
necessary to ensure the availability, readability, or integrity
of the local government record data.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 205.004. RULES TO BE UPDATED. The director and librarian
shall monitor standards and procedures relating to electronic
storage developed for use by federal agencies or adopted by
national organizations that develop and set standards in the
fields of records and information 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. 205.005. SUPREME COURT RULES. This chapter is not intended
to conflict with Subchapter I, Chapter 51, Government Code,
relating to the electronic filing of certain documents in
district and county courts. The commission shall incorporate any
rules adopted under that subchapter into its own.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 205.006. INDEX. An index to local government record data
stored electronically must provide the same information that may
be required by state law for an index to the source document, if
applicable.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 205.007. ELECTRONIC STORAGE AUTHORIZATION REQUESTS. (a)
Before the electronic storage of any local government record data
of permanent value or, if stipulated in commission rules, any
local government record data whose retention period is at least
10 years on a records retention schedule issued by the
commission, an electronic storage authorization request shall be
submitted to the director and librarian for approval.
(b) Electronic storage authorization 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 local
government record data to be stored electronically.
(c) If the director and librarian or the designee of the
director and librarian approves the request, the local government
record data may be stored electronically.
(d) 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. Electronic
storage of the local government record data may not take place
until an electronic storage authorization request receives the
approval of the director and librarian or the designee of the
director and librarian.
(e) The director and librarian or the designee of the director
and librarian may disapprove an electronic storage authorization
request only if the standards and procedures proposed for the
electronic storage of the local government record data are in
violation of this chapter or rules adopted under it.
(f) The director and librarian shall determine the form and
manner of submission of authorization requests required by this
chapter.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 205.008. DESTRUCTION OF SOURCE DOCUMENTS. (a) The source
document, if any, for electronically stored local government
record data covered by Section 205.007(a) may be destroyed or
returned to the person who filed it for record if the electronic
storage authorization request is approved.
(b) The magnetic tape, optical disk, or similar medium
containing the local government record data and the hardware and
software necessary to provide access to it must be retained by
the local government or be available to the local government
until the expiration of the retention period for all source
documents, subject to the rules adopted under this chapter.
(c) The source document, if any, for electronically stored local
government record data not covered by Section 205.007(a) may be
destroyed before the expiration of the retention period for the
source document in a records retention schedule issued by the
commission if the magnetic tape, optical disk, or similar medium
and hardware and software necessary to provide access to local
government record data on the media are retained for the
retention period in the schedule. Conversely, the magnetic tape,
optical disk, or similar medium may be erased, written over, or
destroyed before the expiration of the retention period for a
source document for local government record data not covered by
Section 205.007(a), if the source document, if any, is retained
until the expiration of its retention period or, if the source
document has already been destroyed, paper or microfilm copies
are generated from the magnetic tape, optical disk, or similar
medium before destruction or erasure and retained until the
expiration of the retention period for the source document.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 205.009. DENIAL OF ACCESS PROHIBITED. A person under
contract or agreement with a local government or elected county
officer to create, file, or store local government record data
electronically or to provide services, equipment, or the means
for the creation, filing, or storage, may not, under any
circumstances, refuse to provide local government record data to
the local government in a timely manner in a format accessible
and useable by the local government.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,
1989.
Sec. 205.010. SECURITY BREACH NOTIFICATION BY LOCAL GOVERNMENT.
(a) In this section:
(1) "Breach of system security" has the meaning assigned by
Section 521.053, Business & Commerce Code.
(2) "Sensitive personal information" has the meaning assigned by
Section 521.002, Business & Commerce Code.
(b) A local government that owns, licenses, or maintains
computerized data that includes sensitive personal information
shall comply, in the event of a breach of system security, with
the notification requirements of Section 521.053, Business &
Commerce Code, to the same extent as a person who conducts
business in this state.
Added by Acts 2009, 81st Leg., R.S., Ch.
419, Sec. 6, eff. September 1, 2009.