CHAPTER 203. MANAGEMENT AND PRESERVATION 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 203. MANAGEMENT AND PRESERVATION OF RECORDS

SUBCHAPTER A. ELECTIVE COUNTY OFFICES

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 675, Sec. 4, eff.

Sept. 1, 1993.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989.

SUBCHAPTER B. ALL OTHER LOCAL GOVERNMENT OFFICES

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989.

SUBCHAPTER C. RECORDS CONTROL SCHEDULES

Sec. 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

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.

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, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec. 29, eff.

Sept. 1, 1995.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec. 30, eff.

Sept. 1, 1995.

Sec. 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).

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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 86, Sec. 31, eff.

Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90),

eff. Sept. 1, 1995.

State Codes and Statutes

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