Local Government Records Administrative Rule Review of Title 13, Part 1, Chapter 7

The Texas State Library and Archives Commission recently announced a proposal to review its administrative rules for local government records.  These rules concern the operation of regional historical resource depositories; the retention, microfilming, and electronic storage of local government records; electronic filing and recording of certain records by a participating county clerk; and records storage standards.  The notice was published in the Texas Register on April 24, 2015.

Texas state agency administrative rule reviews, proposals, and adoptions appear weekly in the Texas Register.  It provides notices of public comment periods. You can watch the Texas Register for proposed rules that affect you (including state or local government records management administrative rules) so that you have the opportunity to review and comment.

The Chapter 7 review is in accordance with Government Code, §2001.39 which requires state agencies to review their rules and consider them for readoption every four years.  The commission adopts its administrative rules under authority of the Government Code, §441.199, which gives the commission broad rulemaking authority in local governments’ management and preservation of records.

The rules were adopted pursuant to:

  • Government Code §441.006(a)(10) that requires the Texas State Library and Archives Commission to adopt policies to aid and encourage effective records management and preservation programs in local governments of the state;
  • Government Code §441.153(b) that requires the commission to adopt rules for Regional Historical Resource Depositories;
  • Government Code §441.158(a) that requires the commission to adopt local government records retention schedules;
  • Local Government Code §204.004(a) that requires the commission to adopt rules establishing standards and procedures for microfilming local government records;
  • Local Government Code §205.003 (a) that requires the commission to adopt rules establishing standards and procedures for electronic storage of local government record data;
  • Local Government Code §195.002(a) that requires the commission to adopt rules by which a county clerk may accept electronic documents and other instruments by electronic filing and record electronic documents and other instruments electronically;
  • Local Government Code §203.048(a) that requires the commission to adopt rules for the storage of records of permanent value; and
  • Government Code §441.026(a) that requires the commission to adopt rules for the retention, storage, and destruction of certain court documents.

The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission in the management of local government records.

Written comments on the review of Chapter 7 may be submitted to Nanette Pfiester, Program Planning and Research Specialist, Box 12927, Austin, TX 78711; by fax to (512) 936-2306; or by email to nanette.pfiester@tsl.texas.gov. The deadline for comments is thirty (30) days after publication of notice in the Texas Register. Any proposed changes to the rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register.