Part 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Subchapter A. RECORDS RETENTION SCHEDULING
(Editor's Note: In accordance with Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 13 TAC §6.10 is not included in the print version of the Texas Register. The figure is available in the on-line edition of the July 13, 2007, issue of the Texas Register.)
The Texas State Library and Archives Commission adopts amended §6.10, concerning a revised, fourth edition of the Texas State Records Retention Schedule, with changes to the figure in §6.10. The proposal was published in the May 4, 2007, issue of the Texas Register (32 TexReg 2438).
The Texas State Library and Archives Commission, under authority of Government Code §441.185(f), may establish mandatory minimum retention periods for any records of state agencies that are not established by another federal or state law, regulation, or rule of court. The commission has revised the Texas State Records Retention Schedule based on comment from its users and a re-appraisal of the role and function of certain records maintained by state agencies since the adoption of the third edition of the schedule. The new edition furthers defines the meaning of "after completed" with regard to several of the records series listed; changes made in response to the wish of state agencies for clarification. The new edition also strengthens the admonition that a state record may not be destroyed if there is pending litigation, a public information request, an audit, or a related action involving the record, even if the retention period for the record has expired.
State agencies are required under Government Code §441.185 to submit records retention schedules to the state records administrator for approval by the director and librarian. The adoption of the fourth edition of the Texas State Records Retention Schedule will simplify the means by which state agencies fulfill their statutory duties. The strengthened prohibition on the destruction of records involved in pending litigation or similar actions protects the interests of the public and the state.
No comments were received concerning adoption of the rule.
The amended section is adopted under Government Code §441.185(f) that permits the commission to adopt minimum retention periods for state records and under Government Code §441.199 that gives the commission authority to adopt rules affecting the state's management and preservation of records.
§6.10.Texas State Records Retention Schedule.
A record listed in the Texas State Records Retention Schedule (4th Edition) must be retained for the minimum retention period indicated by any state agency that maintains a record of the type described.
Figure: 13 TAC §6.10 (.pdf)
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 29, 2007.
TRD-200702779
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: September 1, 2007
Proposal publication date: May 4, 2007
For further information, please call: (512) 463-5459