CHAPTER 204. MICROFILMING 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 204. MICROFILMING OF RECORDS

Sec. 204.001. DEFINITIONS. In this chapter:

(1) "Microfilm" means roll microfilm, microfiche, and all other

formats produced by any method of microphotography or other means

of miniaturization on film.

(2) "Microfilming" means the methods, procedures, and processes

used to produce roll microfilm, microfiche, or other

microphotographic formats.

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

1989.

Sec. 204.002. AUTHORIZATION. Any local government record may be

maintained on microfilm in addition to or instead of 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. 204.003. MICROFILM PRODUCED UNDER PRIOR LAW. (a) All

microfilm produced before June 1, 1990, under prior law is

validated to the extent the microfilm was produced in the manner

and according to the standards prescribed by prior law.

(b) In rules adopted under Section 204.004, the commission may

establish procedures for the retrospective certification of

uncertified or improperly certified microfilm produced before

April 1, 1990, that otherwise meets the standards prescribed by

prior law.

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

1989.

Sec. 204.004. STANDARDS AND PROCEDURES. (a) The commission

shall adopt rules on or before April 1, 1990, establishing

standards and procedures for the microfilming of local government

records. The rules must be approved as required by Section

441.165, Government Code.

(b) The rules must prescribe:

(1) standards for film quality, resolution, density, definition,

and chemical stability;

(2) tests and other methods of inspection required to establish

that prescribed standards have been met;

(3) procedures for verifying that records have been filmed

accurately;

(4) procedures for the certification of microfilmed records;

(5) standards for the use of editorial and technical targets on

microfilm;

(6) standards for the production of use copies from and the

storage of master microfilm negatives;

(7) procedures for the labeling and indexing of microfilmed

records;

(8) procedures establishing the manner in which court case

papers must be filmed;

(9) procedures for the expunction of criminal records on

microfilm pursuant to court order;

(10) standards for computer-output microfilm; and

(11) standards for providing access by the members of the public

to records on microfilm to which they are entitled under law.

establish differing standards and procedures for the microfilming

of:

(1) any permanent record;

(2) any record of a municipal, justice, county, or district

court; or

(3) any record to which access is restricted under Chapter 552,

Government Code, or other state law.

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. 204.005. RULES TO BE UPDATED. The director and librarian

shall monitor standards relating to microfilming developed for

use by federal agencies or adopted by national organizations that

develop and set standards in the fields of information and

records 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. 204.006. INDEXING. An index to a microfilm record must

show the same information that may be required by state law for

an index to the same record if it is not microfilmed.

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

1989.

Sec. 204.007. DESTRUCTION OF ORIGINAL RECORDS. (a) Except as

provided by Section 204.008, the original of a record that has

been microfilmed pursuant to this chapter and rules adopted under

it may be destroyed before the expiration of its retention period

on a records retention schedule issued by the commission.

(b) A list of the originals of microfilmed records destroyed

shall be filed with the records management officer.

of the retention period for the original record.

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

1989.

Sec. 204.008. DESTRUCTION OF PERMANENT RECORDS. (a) The

original of a permanent record may not be destroyed until a

destruction authorization request is submitted to the director

and librarian certifying that the microfilm of the record meets

the standards of this chapter and rules adopted under it.

(b) 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 microfilm records.

director and librarian approves the request, the original record

may be destroyed.

(d) In lieu of destruction, the director and librarian may

require that the original record be transferred to the custody of

the commission.

(e) 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. The original

records may not be destroyed until the microfilm of the records

is brought into compliance with this chapter and the rules

adopted under it as evidenced by the submission of a new

destruction authorization request.

(f) The director and librarian shall determine the form and

manner of submission of destruction authorization requests

required by this section.

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

1989.

Sec. 204.009. MICROFILM OF PERMANENT RECORDS TO BE SUPPLIED.

(a) A local government or elected county officer, at the request

of the director and librarian, shall supply to the commission a

copy of the microfilm of any permanent record to which access is

not restricted by law.

(b) The commission shall reimburse the local government or

elected county officer for the cost of the copy. If the film

duplication is performed by the local government or elected

county officer, the cost must be the same as that paid by state

agencies to the Texas State Library for a similar microfilm copy.

If the film duplication is done by a commercial microfilming

service under contract with the local government or elected

county officer, the cost of the copy may not exceed the cost paid

by the local government or elected county officer for a copy

under the contract.

may not provide certified copies of a record on microfilm

obtained under this section without the consent of the original

local custodian of the record.

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

1989.

Sec. 204.010. COMMERCIAL MICROFILM STORAGE FACILITIES. (a) The

commission may establish a program for the certification of

commercial microfilm storage facilities for the storage of the

master microfilm negatives of local government records.

(b) If the commission establishes a certification program, the

procedures of this subsection apply. On request by the commercial

storage facility, the director and librarian or the

representative of the director and librarian shall inspect the

facility to determine if the facility meets the minimum standards

established by the commission under Section 204.004 for the

storage of the microfilm of local government records. If the

commercial storage facility meets the minimum standards

established by the commission, the name of the facility shall be

added to a list of certified storage facilities to be prepared by

the director and librarian and made available on request to a

local government, elected county officer, or other interested

party. The inspection and certification of commercial storage

facilities shall be on a fee basis to be determined by the

commission.

made under this section is effective.

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

1989.

Sec. 204.011. EFFECTIVE AS ORIGINAL RECORD. (a) A microfilmed

record created in compliance with this chapter and rules adopted

under it, including microfilm validated by Section 204.003, is an

original record and shall be accepted by any court or

administrative agency of this state.

(b) If issued and certified by a local government recordkeeper,

a copy on paper or film of a microfilmed record shall be accepted

by a court or administrative agency of this state as a certified

copy of an original record.

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

1989.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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