2005 Texas Local Government Code CHAPTER 205. ELECTRONIC STORAGE OF RECORDS

LOCAL GOVERNMENT CODE

CHAPTER 205. ELECTRONIC STORAGE OF RECORDS


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


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


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


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


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


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


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


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


	§ 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, § 1, eff. Sept. 1, 1989.