2005 Texas Local Government Code CHAPTER 203. MANAGEMENT AND PRESERVATION OF RECORDS

LOCAL GOVERNMENT CODE

CHAPTER 203. MANAGEMENT AND PRESERVATION OF RECORDS

SUBCHAPTER A. ELECTIVE COUNTY OFFICES


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1993, 73rd Leg., ch. 675, § 4, eff. Sept. 1, 
1993.


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          

SUBCHAPTER B. ALL OTHER LOCAL GOVERNMENT OFFICES


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          

SUBCHAPTER C. RECORDS CONTROL SCHEDULES


	§ 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, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1995, 74th Leg., ch. 86, § 29, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1995, 74th Leg., ch. 86, § 30, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1995, 74th Leg., ch. 86, § 31, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.          


	§ 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, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(90), eff. Sept. 
1, 1995.