Changes to State Agency Retention Schedule Recertification Rules

Cover of Bulletin 3

State agency records retention scheduling rules are published as State Bulletin 3. We will publish a revised version of the bulletin to correspond with the rule changes.

Effective September 3, 2014, state agencies will be required to submit their records retention schedules for recertification every 5 years instead of every 3 years. To view the amendment to TSLAC’s recertification rules, refer to the August 22nd issue of the Texas Register.

In addition to increasing the amount of time between recertification submissions, the new rules make some additional changes to reflect current procedures and practices:

  • Section 6.4(1): Removed the requirement for agencies to submit retention schedule amendments to delete a records series from a records retention schedule.
  • Section 6.4(3): Removed the requirement to propose an amended period of time a records series will be retained in storage by the Commission. The State Records Center’s new Infolinx software will no longer require this information in order to store records.

We will be mailing additional information to all affected state agencies, but we also wanted to address some common questions state agencies may have about the change.

Why was this change made?

The increase in time allows state agencies more time to develop their retention schedules. Updating a records retention schedule can be a very lengthy process, especially for large agencies with numerous divisions and departments. The increase in time will also benefit TSLAC’s Records Management Assistance unit by enabling Government Information Analysts to dedicate more time to providing consulting services and developing training.

When is my schedule due for recertification?

If your schedule is on a three-year recertification cycle, your schedule is now due five years from the date of the last recertification.  If you are on a one-year recertification cycle, this will not affect your due date. Over the next few weeks, all state agencies affected by the change will be notified individually with their new due date. If you have questions about your recertification date, please contact your analyst.

I received a letter that my recertification is due within the next six months. Is my due date changing?

Yes. Any retention schedule originally due on or after September 3, 2014 will now be due five years from the date of the last recertification.  If you have already received a recertification notice or reminder, you will receive a second notice or reminder prior to your new due date.

Can I submit a schedule earlier than every five years?

Yes. According to 13 TAC §6.3(b)(2), “A state agency may choose to submit a complete retention schedule for recertification at any time during a certification period.” This option will not change.

I already submitted my schedule. How will this affect me?

We will continue the review process normally for schedules that have already been submitted. When your schedule is finalized and approved, your next recertification due date will be five years from the approval date.

How will this affect amendments?

Other than removing the requirement to submit amendments to delete a records series, there will be no changes to the amendment process. You can still submit an amendment to your retention schedule at any time.

I still have questions!

If you have any other questions about these changes or another aspect of the records retention scheduling process, please don’t hesitate to contact your analyst.