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 May 4, 2007, issue of the Texas Register.)
The Texas State Library and Archives Commission proposes amendments to 13 TAC §6.10, relating to the Texas State Records Retention Schedule. The purpose of the amendment is to make needed, clarifying changes to the schedule. The wording of a cautionary note in the 3rd edition of the schedule could allow a state agency to proceed with the destruction of a record whose retention period has expired, but that has not yet been destroyed, even though pending litigation, a public information request, an audit, or a related action involving the record has commenced prior to its destruction; the proposed 4th edition corrects the error. The proposed edition furthers defines the meaning of "after completed" with regard to several of the records series listed and eliminates a record series (Telephone Message Notifications) by including it in the more appropriate category of Transitory Information. The proposed edition also corrects errors in grammar, punctuation, page references, and other errors of a non-substantive nature in the 3rd edition.
Michael Heskett, State Records Administrator and Director of the State and Local Records Management Division, has determined that for each year of the first five years the proposed amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section.
Mr. Heskett has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amended section will be that state records involved with pending litigation, public information requests, audits, or similar actions are not destroyed inappropriately. Other changes proposed clarify ambiguities that will be helpful to state agencies in the preparation and submission of records retention schedules as required by state law. There will be no effect on small businesses or individuals.
Written comments on the proposed amendment may be sent to Michael Heskett, State and Local Records Management Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711 or electronically to michael.heskett@tsl.state.tx.us, or faxed to (512) 421-7201.
The amendment is proposed under Texas Government Code, §441.186(f) that permits the commission to adopt minimum retention periods for state records and under Texas Government Code, §441.199 that gives the commission authority to adopt rules affecting the state's management and preservation of records.
The proposed amendment implements the requirements of Texas Government Code, §441.186(f) and §441.199.
§6.10.Texas State Records Retention Schedule.
A record listed in the Texas State Records Retention Schedule (4th
[Third] 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)
[Figure: 13 TAC §6.10]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 20, 2007.
TRD-200701500
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: June 3, 2007
For further information, please call: (512) 463-5459