CHAPTER 205. ELECTRONIC STORAGE 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 205. ELECTRONIC STORAGE OF RECORDS

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

1989.

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

1989.

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

1989.

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

1989.

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

1989.

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

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1989.

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

1989.

Sec. 205.010. SECURITY BREACH NOTIFICATION BY LOCAL GOVERNMENT.

(a) In this section:

(1) "Breach of system security" has the meaning assigned by

Section 521.053, Business & Commerce Code.

(2) "Sensitive personal information" has the meaning assigned by

Section 521.002, Business & Commerce Code.

(b) A local government that owns, licenses, or maintains

computerized data that includes sensitive personal information

shall comply, in the event of a breach of system security, with

the notification requirements of Section 521.053, Business &

Commerce Code, to the same extent as a person who conducts

business in this state.

Added by Acts 2009, 81st Leg., R.S., Ch.

419, Sec. 6, eff. September 1, 2009.

State Codes and Statutes

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