{"id":9568,"date":"2017-09-21T09:11:40","date_gmt":"2017-09-21T14:11:40","guid":{"rendered":"https:\/\/www.tsl.texas.gov\/slrm\/blog\/?p=9568"},"modified":"2025-02-13T08:46:09","modified_gmt":"2025-02-13T14:46:09","slug":"faq-are-text-messages-records-2","status":"publish","type":"post","link":"https:\/\/www.tsl.texas.gov\/slrm\/blog\/2017\/09\/faq-are-text-messages-records-2\/","title":{"rendered":"FAQ: Are Text Messages Records?"},"content":{"rendered":"

It\u2019s been almost 6 years since we addressed this question originally. In that time, the popularity of text messaging (\u201ctexting\u201d) has skyrocketed while awareness that text messages (\u201ctexts\u201d) are potentially government records has increased very little. Here we go again!<\/p>\n

The definition of a government record in Texas is media neutral. A record is defined by its content, not what it\u2019s recorded on. The fact that a text is (usually) a short electronic communication, even one sent and\/or received on a device you own, does not prevent it from being a government record.<\/p>\n

The Texas Legislature defines a government record as any recorded information created or received by a local government, state agency, elected official or government employee that documents the transaction of government business<\/a>. Government records can be \u201cwritten, photographic, machine-readable\u201d or recorded on other physical forms<\/a>.\u00a0 Some examples include papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tapes, or electronic media if the content transacts government business.<\/p>\n

Believe it or not, you can conduct government business via text message. Inviting your coworkers to happy hour, however, is not a government record. Such an invitation does not transact government business because happy hour is not a government function.<\/p>\n

\"Text<\/a><\/p>\n

But a police officer\u2019s warning to a driver to put down their cell phone while driving is<\/u> a government record. It\u2019s PS4150-09<\/a>.<\/p>\n

\"Police<\/a><\/p>\n

Issuing warnings to drivers is a function of law enforcement. A patrol officer updating their patrol sergeant by text is a government record, too. Just because government transacts business by SMS<\/a> instead of email or paper doesn\u2019t change the communication’s status as a record.<\/p>\n

That doesn\u2019t mean people haven\u2019t asserted texts aren\u2019t records. The Attorney General of Texas has addressed if texts are records at least four times since 2009.<\/p>\n