{"id":8734,"date":"2016-06-14T10:57:29","date_gmt":"2016-06-14T15:57:29","guid":{"rendered":"https:\/\/www.tsl.texas.gov\/slrm\/blog\/?p=8734"},"modified":"2025-02-13T08:46:27","modified_gmt":"2025-02-13T14:46:27","slug":"how-to-determine-local-government-status","status":"publish","type":"post","link":"https:\/\/www.tsl.texas.gov\/slrm\/blog\/2016\/06\/how-to-determine-local-government-status\/","title":{"rendered":"How to Determine Local Government Status"},"content":{"rendered":"

Hopefully I\u2019m not revealing a huge secret when I say a large part of the analysts\u2019 responsibilities involves receiving, reviewing and processing local government compliance paperwork. Considering there are over 10,000 local governments across Texas, it keeps us pretty busy, especially since we end up receiving local government compliance paperwork from entities and departments that are not<\/em> recognized as local governments. It\u2019s enough to make exasperated and confused local government employees cry, \u201cWell, if we\u2019re not a local government, then what is?! How does TSLAC determine what is a local government and what is not?\u201d<\/p>\n

Local Government Status<\/strong><\/span><\/h3>\n

The Local Government Records Act (LGRA) <\/a>defines a local government as \u201ca county, including all district and precinct offices of a county, municipality, public school district, appraisal district, or any other special-purpose district or authority\u201d [Local Gov\u2019t Code Sec.201.003(7)]. \"QuestionSince this definition doesn\u2019t specifically include every single type of special-purpose district or authority, when in doubt TSLAC considers whether the entity has a governing body.<\/p>\n

A governing body is \u201cthe court, council, board, commission, or other body established or authorized by law to govern the operations of a local government\u201d [Local Gov\u2019t Code Sec. 201.003(6)]. The governing body establishes a records management program for the whole government, including all the offices and divisions that carry out the various functions of the government. Note there is a 1:1 relationship between a governing body and compliance paperwork. If there\u2019s a governing body outside of your organizational structure determining your budget and making executive appointments or hires, you\u2019re probably not a \u201clocal government\u201d within the meaning of the LGRA. Essentially, the body that funds you and picks your bosses is also most likely responsible for your records management program and filing compliance paperwork with TSLAC.<\/p>\n

Types of Local Governments<\/strong><\/span><\/h3>\n

Elective Offices<\/strong><\/p>\n

The elected county official of each elective office is considered a governing body and therefore is responsible for establishing a records management program for their office [Local Gov\u2019t Code Sec. 203.005].<\/p>\n

This includes the following offices:<\/p>\n

\"ElectiveNon-elective County Offices<\/strong><\/p>\n

The Commissioners Court is the governing body for the county and therefore is responsible for establishing the records management program for the entire county [Local Gov\u2019t Code Sec. 203.021]. Each county in Texas is required to submit compliance paperwork to TSLAC in order to manage all the records created and received by non-elective county offices. The county\u2019s records management plan and decisions apply to all non-elective offices and departments of the county.<\/p>\n

For example, the county auditor<\/a>\u2019s position has many responsibilities, including oversight of all financial books and records of all county offices as well as administering the county\u2019s budget. Despite this importance, the county auditor\u2019s office does not submit compliance paperwork for the office. The position is appointed by the district judge(s) of the county for two year terms and thus is not an elective office. [Local Gov\u2019t Code Sec. 84.002<\/a>]. All of the county auditor\u2019s records are managed by the county\u2019s records management program and retention schedule.<\/p>\n

Along the same lines as the county auditor, departments created to carry out the various functions of the county also do not constitute local government status and instead fall under the county\u2019s umbrella. Neither the county health department or the animal shelter nor the parks and recreation department need their own records management plan; they all fall under the county.<\/p>\n

Other Local Governments<\/strong><\/p>\n

There are a number of entities besides the county who must be in compliance with the LGRA. Some are defined as local governments by the Act \u2014municipalities, school districts – public and junior college and appraisal districts\u2014 while many others fall under the vague \u201cspecial purpose district or authority\u201d umbrella. To name a few special purpose districts:\"Types<\/p>\n