At the end of a record’s life cycle, destruction is the most common end. But there is another path: transferring the record to another entity for long-term preservation. For records with historical value, this may be an excellent option. So, how can local governments transfer their records? The Local Government Code spells out the conditions that make it possible.
Note: For this post we have summarized some portions of relevant statutes. However, it is always best to contact your government’s legal counsel for a review of your specific situation and all the laws that might apply. Also, please see the full text of the statutes for additional details not summarized below.
Non-Permanent Local Government Records
Local Government Code, §202.004 specifies when and to whom a non-permanent local government record may be transferred.
Where can the records be transferred?
Non-permanent local government records can be transferred to “any public institution of higher education, public museum, public library, or other public entity” (§202.004(a)). For example, a Regional Historical Resource Depository System (RHRD).
Non-permanent records may also be transferred to private entities or to an individual person, but only with permission from the Director of the Texas State Library and Archives Commission (TSLAC).
Who must approve of the transfer?
The local government’s Records Management Officer must approve of any transfers to public entities. The TSLAC Director must approve of any transfers to private entities or individuals.
When can the records be transferred?
The records must have reached the end of their retention period before the transfer can take place.
What about temporary transfers?
Records may be temporarily transferred to another entity for the purposes of preservation or records management (digitization, microfilming, making copies, etc.).
Permanent Local Government Records
Local Government Code §203.049 sets the rules for transferring permanent local government records.
Where can the records be transferred?
Local government records with a permanent retention period may be transferred to TSLAC or “another local government that operates an archives, library, or museum” as long as that archive, library, or museum can meet the care standards for permanent records set out in Local Government Code §203.048 (§203.049(a)(2)).
Who must approve of the transfer?
The local government’s governing body or elected county official may offer to transfer the records. The Director of TSLAC must approve of the transfer.
What else happens when the transfer occurs?
After transferring permanent records, “title and control of the records and all rights pertaining to the records granted by law to the original custodian or elected county officer are vested in [TSLAC] or the local government that receives the records” (§203.049(c)).
Determining Long-Term Value
Now you know how to transfer local government records to another entity, but which records are worth preserving long term? For more information, check out these other blog posts and web pages related to historical and archival records.
- FAQs and Answers About Permanent Records
- The Meaning of “Historical Value” on Local Government Schedules
- The Lay-RMO’s Guide to Appraising Archival/Historical Records
- The Value of Local Government Records
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