New State Agency Electronic Records Rules effective August 31, 2017

After a multi-year project to update the State Electronic Records Rules, the old rules are repealed and the new rules are effective on August 31, 2017. The new rules are published for adoption in the August 25, 2017 issue of the Texas Register (PDF). These rules only apply to state agencies and universities. The local government rules have not been updated.

The current rules (13 TAC 6.91-6.96) first became effective in December 2000, the Uniform Electronic Transaction Act (UETA) was added as Section 6.97 in 2003, and a definition of transitory records was added in 2005. These rules are being repealed and replaced with new rules 13 TAC 6.91-6.98.

Our state agency clients have been asking us to update and modernize these rules for quite some time. So, we approached the project in a collaborative manner with internal and external stakeholders. Stakeholders included TSLAC divisions SLRM and ARIS, and externally Records Management Officers, Information Resource Managers, and technology experts. Old technology and language was revised or dropped. We tried to make the rules more generic to hold up over time, and broader to apply to a wide variety of agency situations. The rules were recommended, debated, and circulated externally for informal comments. After a formal comment period earlier this year, the new rules are effective on August 31, 2017.

On August 31, 2017, we will post on our website the new rules as an updated Bulletin 1: Electronic Standards and Procedures. We will also maintain access to the repealed rules as a reference tool for comparisons. In addition to the new rules, a resources page will be set up to provide some guidance on various aspects of electronic records management to help agencies fulfill the requirements set out in the rules. TSLAC will continue to provide guidelines to supplement the rules as needed.

If you have any questions, please contact your analyst.

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