CHAPTER 202. DESTRUCTION AND ALIENATION OF RECORDS

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LOCAL GOVERNMENT CODE

TITLE 6. RECORDS

SUBTITLE C. RECORDS PROVISIONS APPLYING TO MORE THAN ONE TYPE OF

LOCAL GOVERNMENT

CHAPTER 202. DESTRUCTION AND ALIENATION OF RECORDS

Sec. 202.001. DESTRUCTION OF RECORDS. (a) A local government

record may be destroyed if:

(1) the record is listed on a records control schedule accepted

for filing by the director and librarian as provided by Section

203.041 and either its retention period has expired or it has

been microfilmed or stored electronically in accordance with the

requirements of Chapters 204 and 205;

(2) the record appears on a list of obsolete records approved by

the director and librarian as provided by Section 203.044; or

(3) a destruction request is filed with and approved by the

director and librarian as provided by Section 203.045 for a

record not listed on an approved control schedule.

(b) The following records may be destroyed without meeting the

conditions of Subsection (a):

(1) records the destruction or obliteration of which is directed

by an expunction order issued by a district court pursuant to

state law; and

(2) records defined as exempt from scheduling or filing

requirements by rules adopted by the commission or listed as

exempt in a records retention schedule issued by the commission.

Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,

1989.

Sec. 202.002. LITIGATION AND OPEN RECORDS REQUESTS. (a)

Regardless of any other provision of this subtitle or rules

adopted under it, a local government record the subject matter of

which is known by the custodian to be in litigation may not be

destroyed until the litigation is settled.

(b) Regardless of any other provision of this subtitle or rules

adopted under it, a local government record subject to a request

under Chapter 552, Government Code, may not be destroyed until

the request is resolved.

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. 202.003. METHOD OF DESTRUCTION. (a) A local government

record may be destroyed by burning, shredding, pulping, or burial

in a landfill or by sale or donation for recycling purposes

except as provided by Subsection (b).

(b) Records to which public access is restricted under Chapter

552, Government Code, or other state law may be destroyed only by

burning, pulping, or shredding.

recycling purposes shall establish procedures for ensuring that

the records are rendered unrecognizable as local government

records by the recycler.

(d) The director and librarian may approve other methods of

destruction that render the records unrecognizable as local

government records.

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. 202.004. ALIENATION OF RECORDS. (a) A local government

record may be sold or donated, loaned, transferred, or otherwise

passed out of the custody of a local government to any public

institution of higher education, public museum, public library,

or other public entity with the approval of the local

government's records management officer and after the expiration

of the record's retention period under the local government's

records control schedule.

(b) A local government record may not be sold or donated (except

for the purposes of recycling), loaned, transferred, or otherwise

passed out of the custody of a local government to any private

college or university, private museum or library, private

organization of any type, or an individual, except with the

consent of the director and librarian and after the expiration of

its retention period under the local government's records control

schedule.

transfer a local government record to a person for the purposes

of microfilming, duplication, conversion to electronic media,

restoration, or similar records management and preservation

procedures.

Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec. 28, eff.

Sept. 1, 1995.

Sec. 202.005. RIGHT OF RECOVERY. (a) The governing body may

demand and receive from any person any local government record in

private possession created or received by the local government

the removal of which was not authorized by law.

(b) If the person in possession of a local government record

refuses to deliver the record on demand, the governing body may

petition the district court of the county in which the person

resides for the return of the record. If the court finds that the

record is a local government record, the court shall order the

return of the record.

after its filing, the governing body may petition to have the

record seized pending the determination of the court if the

governing body finds the record is in danger of being destroyed,

mutilated, altered, secreted, or removed from the state.

(d) The director and librarian may demand and receive from any

person any local government record of permanent value in private

possession.

(e) If the person in possession of the local government record

of permanent value refuses to deliver the record on demand, the

director and librarian may ask the attorney general to petition

for the recovery of the record as provided by this section. As

part of the petition or at any time after its filing, the

attorney general may petition to have the record seized pending

the determination of the court if the governing body finds the

record is in danger of being destroyed, mutilated, altered,

secreted, or removed from the state.

(f) A local government record recovered as the result of a

petition by the attorney general shall be transferred to the

custody of the commission or, at the discretion of the director

and librarian, be returned to the local government that

originally had custody of the record.

(g) If a local government refuses to deliver custody of a record

to the commission as provided by Section 201.007, 201.008, or

203.050, the director and librarian may ask the attorney general

to petition for recovery of the record. If the court determines

that the director and librarian has acted in accordance with

Section 201.007, 201.008, or 203.050, as applicable, and with

regard to Section 203.050, the court finds that the survival of

the record is imperiled, the court shall order the record to be

transferred to the custody of the commission.

(h) If a governing body petitions a court for the recovery of a

record under Subsection (b) and prevails or if the attorney

general petitions a court for the recovery of a record under

Subsection (e) or (g) and prevails, the court shall award

attorney's fees and court costs to the prevailing party.

Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,

1989.

Sec. 202.006. DESTRUCTION OF NONRECORD MATERIAL. (a) Material

that is not included in the definition of a local government

record and is described by Section 201.003(8)(A), (B), or (C) may

be disposed of at the discretion of the custodian or the creator

of the document, as applicable, subject to any policies developed

in each local government or elective county office regarding the

destruction.

(b) Extra identical copies of a local government record to which

public access is restricted under Chapter 552, Government Code,

or other state law may be destroyed only by burning, pulping, or

shredding.

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. 202.007. PERSONAL LIABILITY. A custodian of local

government records, records management officer, or other officer

or employee of a local government may not be held personally

liable for the destruction of a local government record if the

destruction is in compliance with this subtitle and rules adopted

under it.

Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,

1989.

Sec. 202.008. PENALTY: DESTRUCTION OR ALIENATION OF RECORD. An

officer or employee of a local government commits an offense if

the officer or employee knowingly or intentionally violates this

subtitle or rules adopted under it by destroying or alienating a

local government record in contravention of this subtitle or by

intentionally failing to deliver records to a successor in office

as provided by Section 201.006(a). An offense under this section

is a Class A misdemeanor.

Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,

1989.

Sec. 202.009. PENALTY: POSSESSION OF RECORD BY PRIVATE ENTITY.

(a) A private college or university, a private museum or

library, a private organization of any other type, or an

individual commits an offense if the entity knowingly or

intentionally acquires or possesses a local government record. An

offense under this subsection is a Class A misdemeanor.

(b) It is a defense to prosecution under this section that a

private college, university, museum, or library, by agreement

with the commission under Subchapter J, Chapter 441, Government

Code, provides physical housing for a local government record the

title to which has been vested in the commission.

Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1,

1989.

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State Codes and Statutes

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