Local Schedule PS - Retention Schedule for Records of Public Safety Agencies

(Fourth Edition, Effective December 8, 2016) - 13 TAC §7.125(a)(5)
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This schedule establishes mandatory minimum retention periods for records commonly found in public safety agencies. No local government office may dispose of a record listed in this schedule prior to the expiration of its retention period. A records control schedule of a local government may not set a retention period that is less than that established for the record in this schedule.  Original paper records listed in this schedule may be disposed of prior to the expiration of their minimum retention periods if they have been microfilmed or electronically stored pursuant to the provisions of the Local Government Code, Chapter 204 or Chapter 205, as applicable, and rules of the Texas State Library and Archives Commission adopted under authority of those chapters. Actual disposal of such records by a local government is subject to the policies and procedures of its records management program.

Destruction of local government records contrary to the provisions of the Local Government Records Act of 1989 and administrative rules adopted under it, including this schedule, is a Class A misdemeanor and, under certain circumstances, a third-degree felony (Penal Code, Section 37.10).  Anyone destroying local government records without legal authorization may also be subject to criminal penalties and fines under the Public Information Act (Government Code, Chapter 552).

INTRODUCTION

The Government Code, Section 441.158, provides that the Texas State Library and Archives Commission shall issue records retention schedules for each type of local government, including a schedule for records common to all types of local government. The law provides further that each schedule must state the retention period prescribed by federal or state law, rule of court, or regulation for a record for which a period is prescribed; and prescribe retention periods for all other records, which periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of the Commission. If applicable, the wording of the records series will match that of any federal or state law, rule of court, or regulation, and citation to law, rule, or regulation will be provided in the Remarks section.  
Retention periods listed in this schedule apply to records in any medium. If records are stored electronically, they must remain available and accessible until the expiration of the retention period assigned by this schedule, along with any hardware or software required to access or read them. Electronic records may include electronic mail (e-mail), websites, electronic publications, or any other machine-readable format. Paper or microfilm copies may be retained in lieu of electronic records.

The use of social media applications may create public records. Any content (messages, posts, photographs, videos, etc.) created or received using a social media application may be considered records, and should be managed appropriately. The retention of social media records is based on content and function. Local governments will need to consult the relevant records retention schedule for the minimum retention periods.

Unless otherwise stated, the retention period for a record is in calendar years from the date of its creation. The retention period applies only to an official record, as distinct from convenience or working copies created for informational purposes. Where several copies are maintained, each local government should decide which shall be the official record, and in which of its divisions or departments it will be maintained. Local governments should establish policies and procedures in their records management programs to provide for the systematic disposal of copies.

A local government record whose retention period has expired may not be destroyed if any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record is initiated; its destruction shall not occur until the completion of the action and the resolution of all issues that arise from it.

A local government record whose retention period expires during any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record may not be destroyed until the completion of the action and the resolution of all issues that arise from it.
If a record described in this schedule is maintained in a bound volume of a type in which pages were not meant to be removed, the retention period, unless otherwise stated, dates from the date of last entry.  
If two or more records listed in this schedule are maintained together by a local government and are not severable, the combined record must be retained for the length of time of the component with the longest retention period. A record whose minimum retention period on this schedule has not yet expired and is less than permanent may be disposed of if it has been so badly damaged by fire, water, or insect or rodent infestation as to render it unreadable, or if portions of the information in the record have been so thoroughly destroyed that remaining portions are unintelligible. If the retention period for the record is permanent in this schedule, authority to dispose of the damaged record must be obtained from the Director and Librarian of the Texas State Library and Archives Commission. A Request for Authority to Destroy Unscheduled Records (Form SLR 501) should be used for this purpose.
Certain records listed in this schedule are assigned the retention period of AV (as long as administratively valuable). This retention period affords local governments the maximum amount of discretion in determining a specific retention period for the record described.

Use of Asterisk (*)

The use of an asterisk in this edition of Local Schedule PS indicates that the record is either new to this edition, the retention period for the record has been changed, or amendments have been made to the description of or remarks concerning the record. An asterisk is not used to indicate minor amendments to grammar or punctuation.

ABBREVIATIONS USED IN THIS SCHEDULE

AV - As long as administratively valuable
CE - Calendar year end
CFR - Code of Federal Regulations
FE - Fiscal year end
LA - Life of asset
TAC - Texas Administrative Code
USC - United States Code
US - Until superseded


RECORDS OF PUBLIC SAFETY AGENCIES

Retention Notes: a) The term “public safety agency” means any local law enforcement, firefighting, emergency medical services, or emergency communications department, district, or office; and the offices of the county medical examiner, district attorney, county attorney, and community supervision and corrections.

b) For administrative, financial, personnel, and support service records not included in this schedule, see Local Schedule GR (Records Common to All Governments).

PART 1:  RECORDS COMMON TO PUBLIC SAFETY AGENCIES

Retention Note:  This part provides retention periods for records common to two or more of the public safety agencies included in this schedule.

SECTION 1-1:  GENERAL OPERATIONS RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4025-01

[WITHDRAWN – SEE GR1000-41]

 

 

 

PS4025-02 

DAILY BULLETINS

Daily bulletins created by a public safety agency providing data on officers or personnel on duty, tasks and vehicles assigned, information concerning special procedures or information (e.g., missing persons, be-on-the-lookout-for, hazardous fire conditions), and other information customary to the operations of a public safety agency. 

1 year.

     

 

PS4025-03 

GENERAL AND EMERGENCY ORDERS AND RELATED DOCUMENTATION

 

 

 

PS4025-03a 

GENERAL AND EMERGENCY ORDERS AND RELATED DOCUMENTATION

 

 

Orders issued by the head of a public safety agency, or deputies possessing requisite authority, establishing policy or standard operating procedures.

US + 5 years.

 

Retention Note:  Prior to disposal, orders under (a) and (b) shall be appraised by the records management officer for historical value, and those determined by the records management officer to merit retention for historical reasons must be retained PERMANENTLY.

PS4025-03b 

GENERAL AND EMERGENCY ORDERS AND RELATED DOCUMENTATION

 

 

Special orders issued by the head of a public safety agency, or deputies possessing requisite authority, declaring emergencies, ordering evacuations, and similar extraordinary directives. 

3 years.

 

Retention Note:  Prior to disposal, orders under (a) and (b) shall be appraised by the records management officer for historical value, and those determined by the records management officer to merit retention for historical reasons must be retained PERMANENTLY.

PS4025-03c 

GENERAL AND EMERGENCY ORDERS AND RELATED DOCUMENTATION

Codes of conduct. 

PERMANENT.

 

PS4025-04 

OPERATIONAL PERMITS AND CERTIFICATIONS

Permits and certifications from federal or state agencies as required by law or regulation for public safety activities and equipment, and any reports, correspondence, or other documentation bearing on the application for the issuance of or renewal of a permit or certification.

 

 

PS4025-04a 

OPERATIONAL PERMITS AND CERTIFICATIONS

Granted permits and certifications, and associated documentation.

 

 

Expiration or cancellation + 3 years.

 

PS4025-04b 

OPERATIONAL PERMITS AND CERTIFICATIONS

Documentation concerning denied permits.

AV.

     

 

PS4025-05

[WITHDRAWN – SEE GR1000-41]

 

 

 

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SECTION 1-2:  VEHICLE, EQUIPMENT, AND ANIMAL RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4050-01 

AIRCRAFT HISTORY AND MAINTENANCE RECORDS

 

 

 

*PS4050-01a 

AIRCRAFT HISTORY AND MAINTENANCE RECORDS

Records maintained on each helicopter or fixed-wing aircraft used to document the total time in service of the airframe, each engine, each propeller, and each rotor; the current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance; any major alterations to such engines and devices; when inspections and overhauls last occurred; and documentation of compliance with Federal Aviation Administration (FAA) airworthiness directives.

LA, but see retention note. 

By regulation - 14 CFR §91.417(b)(2).

 

Retention Notes:  a) When an aircraft is sold, all records relating to the aircraft described in (a) must be transferred to the new owner by FAA regulation [14 CFR §91.417(b)(2)].

 

b) If an aircraft is involved in an accident or incident subject to investigation by the National Transportation Safety Board (NTSB), all records described in (a), and those described in (b) below that have not been destroyed according to the retention period given, must be retained until the NTSB takes custody of the records or a release is granted by an authorized representative of the NTSB.  In addition, any records or reports, including internal memoranda, dealing with the accident or incident must be retained until authorized by the NTSB to the contrary [49 CFR §830.10].

 *PS4050-01b 

AIRCRAFT HISTORY AND MAINTENANCE RECORDS

Records of maintenance, preventative maintenance, alteration, and the 100-hour, annual, progressive, and other FAA-required or -approved inspections.

Until the work is repeated or superseded by other work, or for 1 year after the work is performed, as applicable.

By regulation - 14 CFR §91.417(b)(1).       

 

 

PS4050-01c

[WITHDRAWN – SEE PS4050-01b]

 

 

 

PS4050-02 

ANIMAL RECORDS

Records concerning horses, dogs, or other animals owned by public safety agencies, including records of the acquisition of the animal, its registration and pedigree papers (if applicable), records of training, and its veterinary history.

Until the retirement or sale of the animal + 2 years.

 

 

 

PS4050-03 

VEHICLE ASSIGNMENT RECORDS

 

 

 

 

 

PS4050-03a 

VEHICLE ASSIGNMENT RECORDS

 

Logs, registers, or similar records documenting the sign-out and use of public safety vehicles by personnel. 

2 years. 

 

PS4050-03b

VEHICLE ASSIGNMENT RECORDS

Authorizations for the home storage of public safety vehicles.

Expiration of authorization + 2 years.

 

PS4050-04 

VEHICLE HISTORY AND MAINTENANCE RECORDS

 

 

 

PS4050-04a 

VEHICLE HISTORY AND MAINTENANCE RECORDS

Master record on each public safety vehicle (including watercraft) and its apparatus, containing the following: complete description including identification and license numbers; title and registration papers; annual beginning and ending odometer readings; total annual fuel, maintenance, labor, and parts costs; and complete maintenance and inspection history (in summary form showing date and nature of inspection, service, and repair). 

LA.

Retention Notes:  a) This schedule does not require the creation of a vehicle master record of the type described, but if a vehicle master record is not maintained, records containing the prescribed information must be retained for the life of the vehicle.  For example, if work orders in (b) are the only record maintained of repairs to public safety vehicles, they must be retained for the life of the vehicle.

 

b) If a public safety vehicle is salvaged as the result of an accident, the vehicle master record or, if one is not created, documents providing the types of information prescribed must be retained for LA + 3 years.

 

c) If a public safety vehicle is sold or given to another public safety agency for use as a public safety vehicle, the vehicle master record may be transferred with the vehicle.

PS4050-04b 

VEHICLE HISTORY AND MAINTENANCE RECORDS

Service requests, work orders, and daily or other periodic activity, inspection, testing, calibration, or inventory reports for public safety vehicles (including watercraft and aircraft), stocks of supplies, and installed equipment.

3 years.

 

PS4050-04c-e

[WITHDRAWN – SEE PS4050-04b]

 

 

 

PS4050-04f 

VEHICLE HISTORY AND MAINTENANCE RECORDS

Specifications, circuit diagrams, and similar documents relating to vehicles and their apparatus.

LA.

 

PS4050-05 

WEAPONS RECORDS

 

 

 

PS4050-05a 

WEAPONS RECORDS

Records of issuance of weapons to public safety personnel.

Until return of weapon + 3 years.

 

PS4050-05b

WEAPONS RECORDS

Records of inspection and repair of weapons.

LA.

 

PS4050-05c 

WEAPONS RECORDS

Records documenting the sale, gift, loss, or destruction of public safety weaponry.

3 years.

 

 

PS4050-05d 

WEAPONS RECORDS

Inventories of weapons.

US + 3 years.

 

PS4050-06

SURVEILLANCE VIDEOS

Video surveillance for, but not limited to, security of property and persons.

AV.

 

*PS4050-07

GPS TRACKING RECORDS

Global Positioning System (GPS) data used to track locations of a government fleet vehicle when such tracking is part of standard operating procedure.

30 days.

Retention Note: If used as part of an investigation, retain as part of item number PS4075-01 or PS4125-05.

*PS4050-08 

PROTECTIVE CLOTHING RECORDS

Includes bullet-resistant and stab-resistant vests, SWAT equipment, fireproof clothing, and other protective and safety wear.

 

Retention Note: Use GR1075-21 for other personal equipment assigned if it is not listed elsewhere in this schedule.

*PS4050-08a 

PROTECTIVE CLOTHING RECORDS

Daily or other periodic reports on the inspection of protective clothing.   

3 years.

 

 

*PS4050-08b

PROTECTIVE CLOTHING RECORDS

Inventories of protective clothing. 

 

US.

     

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SECTION 1-3:  PERSONNEL RECORDS

Retention Note:  This part supplements and should be used in conjunction with Part 3 of Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS4075-01 

INTERNAL AFFAIRS INVESTIGATION RECORDS

Records documenting the initiation, investigation, and disposition of internal affairs investigations of alleged misconduct by law enforcement officers, fire department personnel, emergency medical services personnel, and other employees subject to internal affairs investigations.

 

Retention Notes: a) Retention periods for this record group date from the completion of the investigation.

 

b) Use GR1050-07 for investigations and reviews conducted by a Firefighters’ and Police Officers’ Civil Service Commission.

PS4075-01a 

INTERNAL AFFAIRS INVESTIGATION RECORDS

Records of investigation of law enforcement shooting incidents that result in death or injury to any person, including a police officer.

PERMANENT.

 

 

 

*PS4075-01b 

INTERNAL AFFAIRS INVESTIGATION RECORDS

Records of investigations that find an officer engaged in misconduct and penalize the officer at or above the level of a written reprimand.

15 years.

 

 

*PS4075-01c 

INTERNAL AFFAIRS INVESTIGATION RECORDS

Records of investigations that find an officer engaged in misconduct and penalize the officer below the level of a written reprimand, or of investigations whose findings are inconclusive. 

5 years, provided a 1 year infraction-free period precedes the date of destruction.

 

*PS4075-01d 

INTERNAL AFFAIRS INVESTIGATION RECORDS

Records of investigations whose allegations are not sustained, or in cases where accusations are determined to be unfounded or the accused is exonerated.

3 years.

 

PS4075-01e 

INTERNAL AFFAIRS INVESTIGATION RECORDS

Written complaints and records of oral complaints received from the public concerning the conduct of law enforcement officers, fire department personnel, and emergency medical personnel that do not lead to an internal affairs investigation.

Determination not to initiate an internal affairs investigation + 2 years.

 

 

 

PS4075-02 

OFF-DUTY ASSIGNMENT RECORDS

Records concerning off-duty assignments of public safety personnel, including applications for such assignments.

2 years.

 

 

*PS4075-03

CRIMINAL HISTORY CHECKS

Pre-employment background checks of persons with law enforcement licenses hired as law enforcement officers.

Date of separation + 5 years

By regulation – 37 TAC §217.7(h).

 

Retention Note: See GR1050-36 for all other employment related criminal history checks.

*PS4075-04

APPLICATIONS FOR DEPUTIES

Copies of applications submitted to a commissioners court for deputies, assistants, or clerks.

AV.

      

 

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SECTION 1-4:  EMERGENCY COMMUNICATIONS RECORDS

Retention Note:  This part supplements and should be used in conjunction with Part 3 of Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

 PS4100-01 

9-1-1 MASTER FILES

Master file on residents in a 9-1-1 service area containing name, address, 9-1-1 address, telephone number, and other information needed to provide service.

US.

     

 

 

 PS4100-02 

MASTER FILE SOURCE DOCUMENTATION

Documentation received from telephone companies or other sources used to update information in 9-1-1 master files (see item number PS4100-01).

AV.

     

 

 

 *PS4100-03 

ANTENNA ILLUMINATION AND TRANSMITTER MEASUREMENT AND REPAIR RECORDS

Records documenting (1) the monitoring, inspection, and repair of illuminated antenna and antenna-supporting structures; or (2)  the repair of transmitters and the measurement of frequency tolerances, power output, and modulation on transmitters authorized to operate with a power output in excess of 2 watts.

1 year.

By regulation - 47 CFR §90.447 (retention); 47 CFR §73.213 (antenna); 47 CFR §90.215 (transmitter).  

* PS4100-04 

COMMUNICATION TAPES AND PRINTOUTS

Audio recordings and printouts of incoming and outgoing telephone and radio communications.

30 days.

Retention Note: Policies and procedures should be in place to identify 9-1-1 recordings with legal or historical value, and either reclassify them into the appropriate records series or retain them PERMANENTLY for historical reasons.

PS4100-05 

DISPATCH REPORTS

Records created by dispatcher on each call for service, showing date and time call was received, nature of call, and details of action taken in response to call.

2 years.

Retention Note:  Prior to disposal, dispatch records shall be appraised by the records management officer for historical value, and those determined by the records management officer to merit retention for historical reasons must be retained PERMANENTLY.

 

 

PS4100-06 

RADIO AND PAGING LOGS

Listing of each radio call or page from or to a dispatcher, showing date, time, and location of call.

1 year.

 

PS4100-07

[WITHDRAWN – SEE PS4100-03]

 

 

 

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SECTION 1-5:  MISCELLANEOUS RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS4105-09

PROTECTED HEALTH INFORMATION REQUESTS

Authorizations for release of Protected Health Information, including requests by attorneys using the Protected Health Information Form to request run sheets and/or billing sheets for their clients.

Expiration of authorization + 6 years.

By regulation – 45 CFR §164.508; 45 CFR §512(e), (f), (g), and (k)(5).

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PART 2:  LAW ENFORCEMENT RECORDS

Retention Note:  The minimum retention periods in this part, to the extent the records described are created or maintained by the offices or officers named, are binding on sheriffs; constables; municipal police departments; arson investigation units of municipal and county fire agencies; investigators from the offices of district, criminal district, and county attorneys; county park rangers; municipal park and recreational patrolmen and security officers; airport police and security personnel; and persons commissioned as peace officers by the governing bodies of public school districts, junior colleges, water control and improvement districts, port authorities, metropolitan rapid transit authorities, regional transit authorities, and hospital districts. The terms “law enforcement agency,” “law enforcement officer,” or “peace officer,” as used in this schedule, mean the offices, departments, or officers noted above.

The clerk of the district or county court shall receive all evidence except firearms and contraband exhibited in a criminal proceeding at the conclusion of the proceeding and disposition of such evidence according to Code of Criminal Procedure §2.21. Law enforcement agencies receive firearms and contraband from the court reporter during or after the proceeding, and must retain them according to Chapter 18 of the Code of Criminal Procedure.

The Texas Legislature requires retention of certain categories of evidence by law enforcement agencies for retention periods specified in §38.43 (evidence containing biological materials), §38.5 (toxicological evidence of certain toxicological offenses), and Chapter 47 (stolen property).

SECTION 2-1:  ARREST AND OFFENSE RECORDS

Retention Notes:  a) The record groups described in this section concern adults or juveniles arrested and tried as adults.  See Section 2-5 of this schedule for juvenile delinquency records.

b) Arrest and other law enforcement records relating to an individual are subject to expunction under Code of Criminal Procedure §§55.01- 55.05.  An expunction order overrides any retention period established in this schedule.  

c) For the purposes of this section, the term “person” includes a corporation or association.

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4125-01 

ACTIVITY LOGS OR DOCKETS

Logs or equivalent records, usually arranged chronologically or by case, court, or citation number, providing summary data on complaints investigated by law enforcement officers, arrests made, citations issued, accidents investigated, court arraignments, court appearances by officers, and similar activities relating to the arrest or citation of persons or the investigation of offenses.

2 years; or 2 years after last entry if in bound volume.

 

 

Retention Note:  Prior to disposal, activity logs or dockets that are kept in a bound volume shall be appraised by the records management officer for historical value, and those determined by the records management officer to merit retention for historical reasons must be retained PERMANENTLY.

 

*PS4125-02 

ARREST REPORTS

Arrest reports and fingerprints for each person arrested by the law enforcement agency and charged with a felony or a misdemeanor.

 

 

(1) Class C misdemeanors and unclassified violations of state law or local ordinance punishable by fine only.

 

 

(2) All other offenses.

 

 

 

 

 

 

6 months.

 

 

 

 

75 years, or date of death of individual, if known, whichever sooner.

Retention Note: If the arrest report lacks any information listed in Code of Criminal Procedure §60.051(a)(1)-(3) and (b)(1), (3)-(8), documents from PS4125-05 sufficient to provide the missing information must be kept for as long as the retention period of this series.

 

If the person arrested is a juvenile, the law enforcement agency should use item numbers PS4225-06, PS4225-08, or PS4225-10.

*PS4125-03 

BAIL BOND RECORDS

Record of bail or recognizance bonds taken by a sheriff or other peace officer pursuant to Code of Criminal Procedure. §§17.20-17.22 and as required by §17.39.

3 years; or 3 years after last entry if in bound volume.

 

*PS4125-04

VIDEO AND AUDIO RECORDINGS

Video or audio recordings captured by police officers or as part of an automated enforcement program.

 

For security camera videos, see GR1075-25.

*PS4125-04a

VIDEO AND AUDIO RECORDINGS

Video or audio recordings from police vehicles of persons on whom charges are not filed.

 

90 days after the date of the stop.

By law - Code of Criminal Procedure §2.135(b)

*PS4125-04b 

VIDEO AND AUDIO RECORDINGS

Video or audio recordings from police vehicles of persons on whom charges are filed or related to an administrative investigation of an officer.

 

Follow retention period for item number PS4125-05b if charges filed  or item number PS4075-01 if officer subject to internal affairs investigation.

By  law - Code of Criminal Procedure  §2.135(b).

*PS4125-04c

VIDEO AND AUDIO RECORDINGS

Red-light camera videos that do not capture a violation, or for which a notice of violation is not mailed.

30 days.

By law - Transportation Code §707.011(b).

*PS4125-04d

VIDEO AND AUDIO RECORDINGS

Red-light camera videos that capture a violation.

Date civil penalty paid or 31 days after judgment, whichever sooner.

By law - Transportation Code §707.016.

 

 

*PS4125-04e

VIDEO AND AUDIO RECORDINGS

Officer-worn camera videos that do not capture a violation, use of deadly force by an officer, or are otherwise unrelated to an administrative or criminal investigation of an officer.

90 days.

By law - Occupations Code §1701.655(b)(2).

 

*PS4125-04f

VIDEO AND AUDIO RECORDINGS

Officer-worn camera videos that capture use of deadly force by an officer, are otherwise related to an administrative or criminal investigation of an officer, or capture a violation by any person.

Follow retention periods for items PS4075-01 or PS4125-05, as appropriate, but not less than 90 days.

By law - Occupations Code §1701.660(a).

 

 

*PS4125-05 

OFFENSE INVESTIGATION RECORDS

Offense and supplemental offense reports; investigation reports and notes; witness statements; latent fingerprints; results of chemical analysis and polygraph tests; crime scene, mug shot, and other photographs; laboratory reports; arrest reports (Class C misdemeanors only); citations; affidavits; criminal processes; victim impact statements; subpoenas; and other records of a law enforcement agency relating and customary to the investigation of criminal offenses or other violations of state law or local ordinance.

 

 

PS4125-05a 

OFFENSE INVESTIGATION RECORDS

Cases not cleared.

Until the statute of limitations has expired.

By law – Code of Criminal Procedure, Chapter 12.

*PS4125-05b 

OFFENSE INVESTIGATION RECORDS

Cases in which an arrest is made or a citation issued, and a law enforcement agency has certain knowledge of the pretrial or adjudicated disposition of an arrested or cited person, and considers the case to have been cleared by the conviction or acquittal of the person arrested or cited, by the dismissal of charges against the person, or by the entry on the record of a court by a prosecuting attorney of a nolle prosequi.

 

Copies of notices or other processes that provide certain knowledge of the pretrial or adjudicated disposition to the law enforcement agency should be kept with the offense investigation report for the full retention period.

 

(1) Class C misdemeanors and unclassified violations of state law or local ordinance punishable by fine only (including arrest reports and citations).

 

(2) Class A and B misdemeanors and state jail felonies.

 

(3) Second- and third-degree felonies.

 

(4) First-degree and capital felonies.      

 

 

 

 

 

 

 

 

 

 

 

 

6 months.

 

 

2 years.

 

 

10 years.

 

50 years.

 

Retention Note:  a) Retention periods date from date of arrest or citation, and are based on the highest classification of offense for which a person is arrested and charged or, if applicable, the highest classification of offense for which a person is tried, whichever the lesser classification.

 

b)  Copies of documents in offense investigation records, the originals of which are maintained by, filed with, or returned to a court or another state or local law enforcement agency, need be retained only as long as administratively valuable.

 

c) For any classification of offense, records can be destroyed after death of individual if death occurs before retention period expires.  

PS4125-06 

RAP SHEETS

Copies of rap sheets received from the Texas Department of Public Safety or other law enforcement agencies. 

AV.

 

PS4125-07 

STATUTORY WARNING TAPES

Tapes of appearances of arrested persons before magistrates via two-way closed circuit television for the purposes of statutory warnings in accordance with Code of Criminal Procedure §15.17.   

 

 

The date the pretrial hearing ends; the 91st day after the date on which the recording was made if the person is charged with a misdemeanor; or the 120th day after the date on which the recording was made if the person is charged with a felony, whichever soonest.

By law - Code of Criminal Procedure §15.17(a).

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SECTION 2-2:  INCIDENT RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4150-01 

ACCIDENT REPORTS

Records relating to traffic accidents, including accident reports, supplemental accident reports, photographs, correspondence, and related documentation.

 

 

*PS4150-01a

ACCIDENT REPORTS

Originals.

Send to the Texas Department of Transportation.

By law - Transportation Code §550.062.

PS4150-01b

ACCIDENT REPORTS

Copies.

 

1) Accident reports in which no arrest is made.

 

2) Accident reports in which an arrest is made.

 

 

 

 

AV.

 

A copy of the accident report must be retained for the appropriate retention period under item number PS4125-05(b).

 

PS4150-02

[WITHDRAWN – SEE PS4150-07]

 

 

 

PS4150-03 

DEATH IN CUSTODY REPORTS

Copies of reports submitted by a sheriff or the director of a law enforcement agency to the Attorney General concerning the deaths of persons while in the custody of a peace officer or while confined in jail. 

3 years.

 

PS4150-04

[WITHDRAWN – SEE PS4150-07]

 

 

 

PS4150-05 

FIELD INTERROGATION REPORTS

Reports on persons stopped and interrogated in the field because of suspicious behavior.

AV.

     

PS4150-06

[WITHDRAWN – SEE PS4150-07]

 

 

 

*PS4150-07 

INCIDENT REPORTS

Reports created or received by law enforcement agencies concerning incidents or complaints that do not become part of arrest and offense investigation reports (see item numbers PS4125-02 and PS4125-05). This series includes: copies of child abuse reports; family violence reports; gunshot wound reports; and other incident reports that, after investigation, do not appear to involve the commission of a crime.

3 years.

 

 

PS4150-08 

MISSING AND UNIDENTIFIED PERSONS FILES

Reports on missing children and adults, requests for investigation, photographs, fingerprints, dental records, x-rays, notifications of possible matches, and similar documents relating to the location of missing children and adults, including similar records relating to unidentified bodies found and reported to the law enforcement agency. 

Date person located or body identified + 3 years.

 

 

Retention Note:  If the location of the person or the identification of a body leads to a criminal investigation by the law enforcement agency, the records described must be retained for the same period as arrest and offense investigation records (see item numbers PS4125-02 and PS4125-05).

PS4150-09 

WARNING CITATIONS

Warning citations issued for violations of motor vehicle laws or for those violations of the penal code (e.g., criminal trespass) in which the issuance of warning citations is customary. 

AV.

     

 

*PS4150-10

INCIDENTS ON DUTY REPORTS

Records related to incidents that occur on duty and require the officer to file a report, such as use of force, fleet accident, or pursuit reports.

3 years or, if applicable, include in PS4075-01 or PS4125-01.

Retention Note: For officer-worn camera videos showing use of deadly force by an officer, must use PS4125-04f.

SECTION 2-3:  OPERATIONAL SUPPORT RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4175-01

CHEMICAL BREATH TEST RECORDS

Logs, test records, operational checklists, and similar records relating to the administration of chemical breath tests. 

2 years.

 

 

 

*PS4175-02

CRIMINAL INTELLIGENCE AND ANALYSIS FILES

Records created and maintained to anticipate, prevent, or monitor possible criminal activity, including crime pattern, crime analysis, and modus operandi reports; forecasts; evaluation reports; investigation recommendations; reports on movements of known offenders; information on confidential informants; and messages and alerts from other agencies. 

 

 

 

*PS4175-02a

CRIMINAL INTELLIGENCE AND ANALYSIS FILES

Information related to the investigation or prosecution of criminal activity engaged in by a person, other than a child, who has not been arrested for criminal activity reportable to the Texas Department of Criminal Justice under Code of Criminal Procedure, Chapter 60.

AV, but not longer than 5 years.

By law - Code of Criminal Procedure

§61.06.

 

Retention Note: In determining whether information is required to be removed, the 5 year period does not include any period during which the individual who is the subject of the information is confined in a correctional facility of the Texas Department of Criminal Justice, the Juvenile Justice Department, or in a county jail or a facility operated by a juvenile board in lieu of confinement in a TDCJ or JJD facility.

*PS4175-02b

CRIMINAL INTELLIGENCE AND ANALYSIS FILES

Information related to the investigation or prosecution of criminal activity engaged in by a child who has not been arrested for criminal activity reportable to the Texas Department of Criminal Justice under Code of Criminal Procedure, Chapter 60, or taken into custody for delinquent conduct reported to the department under Family Code, Chapter 58.

AV, but not longer than 2 years.

By law – Code of Criminal Procedure §61.07.

 

Retention Note: In determining whether information is required to be removed, the 2-year period does not include any period during which the subject of the information is committed to the JJD for conduct that violates a penal law of the grade felony or is confined by the TDCJ.

PS4175-02c

CRIMINAL INTELLIGENCE AND ANALYSIS FILES

Lists of known modus operandi, dossiers of known offenders, and similar compilations of criminal intelligence prepared by local law enforcement.

AV.

 

* PS4175-03

FINGERPRINTS – OTHER THAN ARREST RECORDS AND OFFENSE INVESTIGATIONS

Fingerprint records, maintained in paper or on automated systems, of suspects, known offenders, persons submitting fingerprints as part of a professional license application, etc.

AV.

Retention Note: For fingerprint records that are part of an arrest report, see item number PS4125-02.

PS4175-04

FUGITIVE REPORTS

Certified reports submitted by a sheriff to the Adjutant General (1887-1965) or to the Texas Department of Public Safety (1965-current) on persons who have fled the jurisdiction and are under indictment for a felony. 

AV.

Retention Note:  Prior to disposal, fugitive reports shall be appraised by the records management officer for historical value, and those determined by the records management officer to merit retention for historical reasons must be retained PERMANENTLY.

PS4175-05

LAW ENFORCEMENT INFORMATION DISSEMINATION, INQUIRY, AND RECEIPT RECORDS

Reports, logs, and other records pertinent to documenting the dissemination of criminal histories and other information to law enforcement or other agencies through crime information networks (e.g., TCIC, NCIC), or by other methods, and similar records documenting inquiries for and the receipt of information.

 

 

PS4175-05a

LAW ENFORCEMENT INFORMATION DISSEMINATION, INQUIRY, AND RECEIPT RECORDS

Records of the dissemination of criminal histories.

3 years.

 

 

*PS4175-05b

LAW ENFORCEMENT INFORMATION DISSEMINATION, INQUIRY, AND RECEIPT RECORDS

Records of communication between law enforcement agencies by teletype and other means that are not made part of an offense investigation report (PS4125-05) or other series on this schedule. Examples include: records of the dissemination of information other than criminal histories (e.g. missing persons, stolen property); records of inquiries for and receipt of information, including criminal histories; records received on persons wanted by other law enforcement agencies; and administrative messages received through TCIC/NCIC or other networks.

AV.

     

 

 

*PS4175-05c-d

[WITHDRAWN – SEE PS4175-05b]

 

 

 

 PS4175-06

MUG BOOKS

Photographs or photograph albums of known offenders used by crime victims or witnesses for identification. 

AV.

 

 PS4175-07

 

PAWN SHOP TICKETS

Copies of pawn shop tickets provided to a law enforcement agency. 

AV.

     

*PS4175-08

 

POLYGRAPH EXAMINATION RECORDS

Polygraph charts, question sheets, reports of examination results, data sheets, films, audio and video of examinations, opinions from the examiner of chart analysis, and other records pertinent to a polygraph examination. 

2 years.

By regulation - 16 TAC §88.79(a).

 

Retention Note:  If a report of the results of a polygraph examination is placed in offense investigation records (see item number PS4125-05), it must be retained for the retention period for those records.

*PS4175-09

 

PROPERTY RECORDS

Reports, logs, property cards, receipts, notices, and similar records documenting the receipt, processing, chain of custody, and disposition by return, destruction, or sale of evidential, stolen, abandoned, unclaimed, impounded, or recovered property, including motor vehicles, by a law enforcement agency. 

FE of return or disposal of property + 3 years.

Retention Notes:  a) Any records in this series must be retained for FE + 5 years if they serve to document the collection of sales tax due to the State Comptroller of Public Accounts.

 

b) Pursuant to Code of Criminal Procedure §47.04, some stolen property may be returned to its owner by court order, on the condition the property is made available for evidentiary purposes. Retain records of such property for FE of final adjudication + 3 years.

*PS4175-10

 

SEX OFFENDER REGISTRATION RECORDS

All documentation relating to the registration with a municipal police department or a sheriff’s office of sex offenders for reportable convictions or adjudication pursuant to the Texas Code of Criminal Procedure, Chapter 62.

Until duty to register expires or sex offender’s death, whichever sooner.

Retention Note:  Expiration of duty to register is described in Code of Criminal Procedure §62.101. Early termination of the duty for certain persons is described in §§62.401-62.408. When a person is no longer required to register as a sex offender, all information about the person must be removed from the sex offender registry.  Code of Criminal Procedure §62.251.

PS4175-11

 

SPECIAL WATCH RECORDS

Informational forms or lists provided to officers of businesses or residences needing special watch, including requests from the public for such watches. 

AV.

     

PS4175-12

 

 

STOLEN PROPERTY RECORDS

Cards, lists, or logs providing an abstract record of stolen property, including stolen vehicles, usually including a description of the item or vehicle, place and date stolen, serial numbers, and similar information. 

AV.

     

*PS4175-13

[WITHDRAWN – SEE PS4175-05b]

 

 

 

PS4175-14

 

UNIFORM CRIME REPORTS

Copies of uniform crime reports submitted to the Texas Department of Public Safety.

 

 

PS4175-14a

UNIFORM CRIME REPORTS

Monthly reports. 

3 years.

 

PS4175-14b

UNIFORM CRIME REPORTS

Annual reports. 

PERMANENT.

 

PS4175-16

PROTECTIVE ORDERS

 

 

 

*PS4175-16a

PROTECTIVE ORDERS

Emergency protective orders issued by magistrates under authority of Code of Criminal Procedure §17.292.

Date order expires according to its terms.

By law - Code of Criminal Procedure §17.292(j).

*PS4175-16b 

PROTECTIVE ORDERS

Protective orders (original and modified) issued pursuant to Family Code, Chapter 85, including notices of vacation of orders.

Date of receipt of notice of vacation of order, or date order expires according to its terms, whichever sooner.

By law - Family Code §85.025.

 

Retention Note: If the person who is the subject of the protective order is confined or imprisoned on the date the order would expire, the order is extended and expires on: 1) the 1st anniversary of the date the person is released from confinement or imprisonment if sentenced to a period of more than 5 years, or 2) the 2nd anniversary of the date the person is released if sentenced to a period of 5 years or less.

PS4175-16c 

PROTECTIVE ORDERS

Periodic lists of persons under protective orders. 

US.

     

*PS4175-17 

STATEMENTS AND REPORTS OF HANDGUN SALES

Statements made by persons who wish to have handguns sold, transferred, or delivered to them.

 

 

 

*PS4175-17a 

STATEMENTS AND REPORTS OF HANDGUN SALES

Statements and any associated documentation of those to whom the sale, transfer, or delivery of a handgun would not violate federal or state law. 

Must be destroyed within 20 business days from the date the statement was signed. 

By law - 18 USC. §922(s)(6)(B)(i).

 

 

*PS4175-17b

STATEMENTS AND REPORTS OF HANDGUN SALES

Statements and any associated documentation of those to whom the sale, transfer, or delivery of a handgun would violate federal or state law.

3 years.

 

 

*PS4175-17c

STATEMENTS AND REPORTS OF HANDGUN SALES

Includes ATF Forms 5300.35 and 3310.4 reporting to law enforcement the ownership and transfer of handguns.

Date notice of intent forwarded to chief law enforcement officer or date of the sale of disposition + 5 years.

By regulation – 27 CFR §478.129(c).

PS4175-18 

CONCEALED HANDGUN RECORDS

 

 

 

PS4175-18a 

CONCEALED HANDGUN RECORDS

Lists of persons who possess concealed handgun permits submitted by the Texas Department of Public Safety to county sheriffs and other law enforcement agencies on request. 

US or obsolete.

     

 

PS4175-18b 

CONCEALED HANDGUN RECORDS

Copies of reports submitted by law enforcement agencies to the Texas Department of Public Safety as required by 37 TAC §6.119 regarding reportable incidents involving holders of concealed handgun permits that do not become part of arrest and offense investigation records (see item numbers PS4125-02 and PS4125-05). 

2 years.

Obsolete record.  37 TAC §6.119 was repealed on 12/25/2003.  These records are no longer required to be submitted to the Texas Department of Public Safety.

*PS4175-19 

HELP END AUTO THEFT (HEAT) RECORDS

Records of persons enrolling in the Help End Auto Theft (HEAT) program, including registration forms and written notices of cancellation from participants indicating that the title to a registered vehicle has been transferred or that they no longer wish to participate in the program.

4 years or upon receipt of cancellation notice, whichever sooner.

Obsolete record. HEAT program discontinued 12/31/2013. Registrants instructed to remove HEAT decals from vehicles immediately.

 

 

*PS4175-20

DNA COLLECTION RECORDS

DNA records of a person released on bail and those charged with, placed on community supervision for, or convicted of certain offenses.

Date of collection + three years, unless a court orders differently.

By regulation – 37 TAC §28.127(c).

 

Retention Note: See 37 TAC §28.123 for a complete list of individuals eligible for DNA collection.

*PS4175-21

AUTOMATED LICENSE PLATE READER (ALPR) INFORMATION

Records related to the use of Automated License Plate Reader Information mobile or stationary camera systems to read and crosscheck license plates against warrant and stolen vehicle reports, track vehicle movements, and other functions.

AV.

 

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SECTION 2-4:  JAIL RECORDS

Retention Note: Some of the records in this section are maintained by sheriffs only, as chief jailers of a county.  However, the retention periods in this section are binding on other law enforcement agencies if they operate a jail or have holding cells, and create or maintain records of the types described, unless the description of the record clearly confines the application of the retention period to county jails only.

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4200-01

HEADCOUNT AND OTHER PERIODIC INSPECTION REPORTS

Periodic watch reports or checklists of all prisoners incarcerated, and other visual checks of jail property and prisoners.

1 year.

     

PS4200-02

JAIL INCIDENT REPORTS

Reports of incidents that result in physical harm, or a serious threat of physical harm, to an employee, inmate of a jail, or other person, and reports of investigations of such incidents, showing names of persons involved, description of incident, actions taken, and date and time of the occurrence.

5 years.

 

Retention Note:  If a jail incident results in a criminal investigation and arrest, the reports must be retained for the retention periods prescribed in item numbers PS4125-02 and PS4125-05, as applicable.

 

PS4200-03

JAIL INSPECTION AND OPERATION REPORTS AND LOGS

Inspection reports of a jail and various aspects of its operation, and logs or calendars of such inspections, except records of the types described included in other record groups in this part.

 

 

PS4200-03a

JAIL INSPECTION AND OPERATION REPORTS AND LOGS

Daily and weekly reports.

2 years.

 

PS4200-03b

JAIL INSPECTION AND OPERATION REPORTS AND LOGS

Monthly or other periodic reports compiled on a sub-annual basis not included in (a). 

3 years.

 

PS4200-03c

JAIL INSPECTION AND OPERATION REPORTS AND LOGS

Annual reports.

PERMANENT.

 

PS4200-04

JAIL OPERATIONAL PLANS

Written plans required of sheriffs by the rules of the Texas Commission on Jail Standards relating to the operations of a county jail on life safety, prisoner classification, the provision of medical services, staffing, sanitation, prisoner discipline, prisoner grievance procedures, prisoner education and rehabilitation, prisoner privileges, the processing of female prisoners, and such other plans as the commission may require.

US + 5 years.

 

 

*PS4200-05

JAIL POPULATION REPORTS

Monthly county jail population reports submitted to a district or county attorney, pursuant to Code of Criminal Procedure §2.19, and to the Texas Commission on Jail Standards, pursuant to Government Code §511.0101.

2 years.

 

 

Retention Note:  Prior to disposal, jail population reports shall be appraised by the records management officer for historical value, and those determined by the records management officer to merit retention for historical reasons must be retained PERMANENTLY.

PS4200-06

JAIL REGISTER

A summary record, in some form, of each person committed to a jail, showing at a minimum the name and gender of the person, intake number, the reason for their commitment or confinement, and the date of their release or transfer.

 

 

PS4200-06a

JAIL REGISTER

County jail registers.

PERMANENT.

 

PS4200-06b

JAIL REGISTER

Registers for all other local jails.

2 years.

 

PS4200-07

PRISONER CONDUCT AND DISCIPLINARY RECORDS

Records relating to the conduct of or disciplinary action taken with regard to each prisoner, including records of good-time credit earned and notices and reports issued by a disciplinary hearing panel.

Release or transfer of prisoner + 2 years.

 

 

 

PS4200-08

PRISONER COUNSELING RECORDS

Records relating to the counseling of prisoners.

 

 

PS4200-08a

PRISONER COUNSELING RECORDS

Records of psychological or psychiatric testing and counseling, alcohol or substance abuse counseling, or any counseling concerning medical matters. 

Release or transfer of prisoner + 7 years.

 

By law – 22 TAC §465.22 and 22 TAC §165.1.

PS4200-08b

PRISONER COUNSELING RECORDS

Records of counseling of individual prisoners not noted in (a). 

Release or transfer of prisoner + 2 years.

 

PS4200-08c

PRISONER COUNSELING RECORDS

Administrative records of jail counseling programs.

3 years.

 

PS4200-09

PRISONER GRIEVANCE RECORDS

Written grievances from prisoners, and records of decisions of grievance boards. 

Release or transfer of prisoner + 2 years.

 

PS4200-10

PRISONER INCARCERATION RECORDS

Documentation on the commitment, transport, transfer, or release of each prisoner incarcerated, including personal and classification data sheets; forms used for booking-in and booking-out; and copies of court commitment, transfer, or release orders or similar documents that purport to legally authorize a person’s confinement.

Release or transfer of the prisoner + 2 years.

 

 

See also item number PS4200-06.

PS4200-11

PRISONER MEDICAL RECORDS

Records relating to the medical condition of and medical treatment given to each prisoner, including medical screening reports, medical isolation reports, reports by physicians or allied health personnel, and records of medications given or medical procedures administered.

Release or transfer of prisoner + 7 years.

 

 

By regulation - 22 TAC §165.1.

 

PS4200-12

PRISONER PROPERTY INVENTORIES AND RECEIPTS

Records documenting the receipt or confiscation of personal property from prisoners upon commitment, and the return of non-confiscated property to prisoners upon release. 

Release or transfer of prisoner + 2 years.

 

PS4200-13

PRISONER TELEPHONE AND VISITOR RECORDS

 

 

 

PS4200-13a

PRISONER TELEPHONE AND VISITOR RECORDS

Logs or similar records of prisoner requests to make phone calls, usually showing date of request, name of prisoner, and whether request was granted or denied. 

1 year, or 1 year after last entry, if in bound volume.

     

PS4200-13b

PRISONER TELEPHONE AND VISITOR RECORDS

 

Logs, visitor cards, and similar records documenting visits to prisoners. 

1 year, or 1 year after last entry, if in bound volume.

     

*PS4200-14

PRISONER TRANSFER RECORDS

Copies retained by a sheriff of any of the documents required to accompany the transfer of a prisoner from a county jail to the Texas Department of Criminal Justice, as provided by Code of Criminal Procedure§42.09(8)(a).

Date of transfer + 1 year.

 

By regulation – 37 TAC §269.13.

 

Retention Note:  There is an exception to the retention period for this records series.  If a sheriff’s department making a prisoner transfer also made the arrest, the original of the arrest report, as required by Code of Criminal Procedure §42.09(8)(a)(6), must be retained for the retention periods set forth on item number PS4125-02.

PS4200-15

TEXAS COMMISSION ON JAIL STANDARDS, ANNUAL REPORTS TO

Copies of annual reports on jail conditions submitted by a sheriff to the Texas Commission on Jail Standards. 

PERMANENT.

 

PS4200-16

TEXAS COMMISSION ON JAIL STANDARDS, INSPECTION REPORTS AND NOTICES OF

Reports, either annual or at more frequent intervals, of inspections of a county jail by representatives of the Texas Commission on Jail Standards, and any notices of noncompliance, remedial orders, and copies of deficiency correction reports submitted by a sheriff to the commission.

PERMANENT.

 

*PS4200-17

VIDEO AND AUDIO RECORDINGS OF PRISONERS

Video and audio recordings of prisoners in cells or other areas of a jail or holding facility, and audio recordings of prisoner phone calls.

30 days.

     

*PS4200-18

 

COMMISSARY RECORDS

Records related to operating a facility’s commissary, including prisoner accounts.

FE + 3 years.

By regulation - 37 TAC §269.1(2).

*PS4200-19

 

PRISONER EDUCATION RECORDS

Records related to vocational, academic, reading, or job training plans, including GED programs, available for prisoners.

Release or transfer of prisoner + 2 years.

By regulation - 37 TAC §287.1.

PS4200-20

ACCESS TO LEGAL MATERIALS

 

 

 

PS4200-20a

ACCESS TO LEGAL MATERIALS

Requests for additional access to the law library, notices of legal research material suspension, and requests for court forms.

2 years.

 

PS4200-20b

ACCESS TO LEGAL MATERIALS

Records related to visiting and accessing law library materials including logs for visiting the law library, inter-library loan requests, court citator requests, and other requests for law library materials.

3 years.

 

PS4200-21

RECREATION AND OUTDOOR LOGS

Logs and other records reporting prisoners receiving recreation and outdoor time.

3 years.

 

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SECTION 2-5: JUVENILE RECORDS

Retention Note: Juvenile court records are subject to sealing under Family Code, Section 58.003. Records maintained by law enforcement agencies or other agencies relating to the investigation of offenses committed by juveniles or records concerning taking juveniles into custody and their prosecution are also subject to sealing under Family Code, Section 58.003. On the entry of a sealing order by a court, law enforcement records or records held by other agencies relating to the case must be transferred to the court issuing the order and all index references to the records ordered sealed must be deleted. While sealing restricts access to the records, it does not affect the minimum retention periods in this part or the destruction of the records following the expiration of the retention periods.

The retention periods in this part apply to unsealed records of juveniles in the possession of law enforcement agencies or other agencies.

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS4225-05

VIDEO RECORDINGS [JUVENILE DETENTION HEARINGS]

Video recordings of detention hearings involving juveniles.

 

The earlier of

(1) the 91st day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a misdemeanor;

(2) the 120th day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a felony; or

(3) the date on which the adjudication hearing ends.

By law - Family Code §54.012(c).

*PS4225-06

JUVENILE DELINQUENCY RECORDS [INFORMAL DISPOSITION CASES]

Offense reports, disposition reports, fingerprints, photographs, arrest reports and other records relating to the investigation of an offense or alleged offense committed by a juvenile and the taking of the juvenile into custody in those instances in which the juvenile is made subject to informal discipline, rather than being referred to a juvenile court or placed in a first offender program.

Must be destroyed upon completion of informal disposition.

By law- Family Code §58.001(c).

*PS4225-07

JUVENILE DELINQUENCY RECORDS [INFORMAL DISPOSITION CASES], REPORT ON

Annual statistical reports from a law enforcement agency to an office of official designated by the juvenile board of a county on the number and kind of dispositions made with regard to juveniles without referral to a juvenile court or a first offender program.

2 years.

 

*PS4225-08

JUVENILE DELINQUENCY RECORDS [FIRST OFFENDER PROGRAM]

Reports, photographs, fingerprints, arrest reports and copies of notices to parents by a law enforcement officer referring a child to a first offender program without referral to a juvenile court.

 

Must be destroyed after the 90th day after the date the juvenile successfully completes the first offender program.

 

By law - Family Code §58.001(c).

 

Retention Note: If the child does not successfully complete the program, by his or her own volition; is withdrawn from the program prior to its completion by the parent, guardian, or other custodian; or if the child is taken into custody before the 90th day after the date the child completes the program for conduct other than the conduct for which the child was referred to the first offender program, the case shall be referred to the juvenile court.

*PS4225-09

JUVENILE DELINQUENCY RECORDS [FIRST OFFENDER PROGRAM] REPORT ON

Annual reports from a law enforcement agency to the juvenile board containing the names and addresses of children taken into custody by the agency, including the gender and ethnicity of each child and the offense committed.

2 years.

 

*PS4225-10

JUVENILE DELINQUENCY CASES [NON-REFERRED CASES]

Offense reports, disposition reports, fingerprints, photographs, arrest reports and other records relating to the investigation of an offense or alleged offense committed by a juvenile and the taking of the juvenile into custody in those instances in which the juvenile is not referred to a juvenile court, placed in a first offender program, or made subject to informal disposition within 10 days of being taken into custody.

Destroy immediately.

By law - Family Code §58.001(c).

*PS4225-11

VIDEO RECORDINGS OF REQUESTS FOR BREATH SPECIMEN TESTS

Video recordings of children who are requested to take a breath specimen test.

 

Until the disposition of any proceeding against a child relating to the arrest is final.

By law - Family Code §52.02(d).

*PS4225-12

JUVENILE DELINQUENCY RECORDS [STATUTORY WARNINGS]

Copies of statutory warnings issued to a child and the child’s parent, guardian, or custodian in those instances in which a child is not taken into custody, including copies of the notice filed with the law enforcement agency that employs the officer and the office or official designated by the juvenile board.

2 years.

 

*PS4225-13

JUVENILE CASE PAPERS (JUVENILE PROBATION DEPARTMENTS)

Offense reports, warning notices, fingerprints, photographs, arrest reports and other records relating to the investigation of an offense committed by a juvenile and the taking of a juvenile into custody in those instances in which a warning notice has been issued and the case has been referred to juvenile court or a first offender program.

 

 

*PS4225-13a

JUVENILE CASE PAPERS (JUVENILE PROBATION DEPARTMENTS)

Cases papers for offenses committed on or before 31 August 1987:

 

1. If the person has not been convicted of a felony as an adult.

 

 

2.  If the person has been convicted of a felony as an adult.

 

 

 

Until the individual is 23.

 

 

Until the individual is 33.

 

 

 

 

 

Retention Note: State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in PS4225-13(a)(2).

 

*PS4225-13b

JUVENILE CASE PAPERS (JUVENILE PROBATION DEPARTMENTS)

Case papers for offenses committed between 1 September 1987 and 31 December 1995:

 

1. If the person has not been convicted of a felony as an adult.

 

 

2. If the person has been convicted of a felony as an adult.

 

 

3. If the juvenile is found to have engaged in conduct involving a violation of the penal code of the grade of felony.

 

 

Until the individual is 23.

 

 

Until the individual is 33.

 

 

Date of judgment in disposition hearing + 25 years.

 

 

 

 

Retention Note: State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in PS4225-13(b)(2).

 

*PS4225-13c

JUVENILE CASE PAPERS (JUVENILE PROBATION DEPARTMENTS)

Case papers for offenses committed on or after 1 January 1996:

 

1. The most serious allegation adjudicated was conduct indicating a need for supervision; or the referral or information did not relate to conduct indicating a need for supervision or delinquent conduct and the juvenile court or the court’s staff did not take action of the referral or information for that reason.

 

2.  The most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of misdemeanor; or the most serious allegation was delinquent conduct that violated a penal law of the grade of misdemeanor or felony and there was not an adjudication.

 

3. The most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of felony.

 

4.  If the juvenile was tried as an adult or was adjudged delinquent based on the violation of a penal law of the grade of felony and was sentenced to the Texas Juvenile Justice Department with a transfer to the Texas Department of  Criminal Justice under determinate sentencing procedures.

 

Until the individual is at least 18 years of age.

 

 

 

 

Until the individual is at least 21 years of age.

 

 

 

 

Until the individual is at least 31 years of age.

 

 

Follow the retention periods for item number PS4125-05.

 

PS4225-14

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

 

 

 

PS4225-14a

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

Fingerprints and photographs for offenses committed on or before 31 August 1987:

 

1. If a petition alleging that the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, the juvenile is found not to have engaged in the alleged conduct, or the juvenile is found to have engaged in the conduct but has reached the age of 18 and there is no record that he or she committed a criminal offense after reaching the age of 17.

 

2. If the juvenile is found to have engaged in the conduct, has reached the age of 18, but there is a record that he or she committed an offense after reaching the age of 17:

 

A) If the person has not been convicted of a felony as an adult.

 

 

B) If the person has been convicted of a felony as an adult.

 

 

 

 

Must be destroyed immediately upon fulfillment of any of the conditions listed.

 

 

 

 

 

 

 

Until the individual is 23.

 

 

Until the individual is 33.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Retention Note: State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in (2)(B).

 

PS4225-14b

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

Fingerprints and photographs for offenses committed between 1 September 1987 and 31 December 1995:

 

1. If a petition alleging that the juvenile engaged in delinquent conduct or conduct indicating a need for supervision is not filed, the proceedings are dismissed, or the juvenile is found not to have engaged in the alleged conduct; or the juvenile is found to have engaged in the conduct but has reached the age of 18, is not subject to commitment to the Texas Juvenile Justice Department  or to transfer under a determinate sentence to the Texas Department of Criminal Justice and there is no record that he or she committed a criminal offense after reaching the age of 17; or person is older than 18 years, at least three years have elapsed after the person’s release from commitment, and there is no evidence that he or she committed a criminal offense after the release.

 

2. If the juvenile is found to have engaged in conduct involving a violation of the penal code of a grade other than felony, has reached the age of 18, but there is a record that he or she committed an offense after the age of 17:

 

A) If the person has not been convicted of a felony as an adult.

 

B) If the person has been convicted of a felony as an adult.

 

 

3. If the juvenile is found to have engaged    in conduct involving a violation of the penal code of the grade of felony.

 

 

 

 

 

 

 

Must be destroyed immediately upon fulfillment of any of the conditions listed.

 

 

 

 

 

 

 

 

 

Until the individual is 23.

 

Until the individual is 33.

 

 

Date of judgment in disposition hearing + 25 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Retention Note: State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in (2)(B).

 

 

PS4225-14c

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

Fingerprints and photographs for offenses committed on or after 1 January 1996:

 

1. Fingerprints and photographs of juveniles not taken into custody, but with the consent of a parent or guardian to aid future identification if needed.

 

2. Fingerprints and photographs of juveniles not referred to a juvenile court within 10 days after the date the juvenile is taken into custody unless the juvenile is placed in a first offender program or is on informal disposition

 

3. Fingerprints and photographs of juveniles undergoing informal disposition.

 

4. Fingerprints and photographs of juveniles placed in first offender programs

 

 

5.  Fingerprints or photographs taken for comparison in the investigation of an offense that do not result in a positive comparison or identification.

 

 

6. Fingerprints or photographs of juveniles, whose identities are not known, who are taken into custody with probable cause to believe that the juvenile has engaged in conduct indicating a need for supervision.

 

 

 

Until the juvenile is 18.

 

 

 

Must be destroyed immediately.

 

 

 

Must be destroyed upon completion of the informal disposition.

 

Must be destroyed after the 90th day after the day the juvenile successfully completes a first offender program.

 

Must be destroyed immediately.

 

 

Destroy immediately upon identification of the juvenile or upon determination that the juvenile cannot be identified by the fingerprints or photograph.

 

*PS4225-14d

FINGERPRINTS AND PHOTOGRAPHS OF JUVENILES

Fingerprints and photographs taken of a child for the purposes of identifying a runaway.

AV, but see retention note.

Retention Note: Must be destroyed immediately after (1) the child is identified or (2) determination is made the child cannot be identified by the prints or photos; per Family Code §58.0022.

PS4225-15

JUVENILE DETENTION REGISTER

Register or roster of juveniles temporarily confined to jail or equivalent detention centers pending disposition.

 

2 years.

 

PS4225-16

JUVENILE INFORMATION SYSTEMS (LOCAL)

Locally maintained juvenile information databases containing the information required by Family Code, §58.304.

 

PERMANENT

Retention Note: Data concerning an individual contained in the database may be deleted according to retention periods established for juvenile offenders in records series listed elsewhere in this schedule.

PS4225-17

JUVENILE CASE PAPERS (PROSECUTING ATTORNEYS)

Offense reports, warning notices, fingerprints, photographs, arrest reports and other records relating to the investigation and prosecution of an offense committed by a juvenile and the taking of a juvenile into custody in those instances in which a warning notice has been issued and the case has been referred to juvenile court.

 

 

PS4225-17a

JUVENILE CASE PAPERS (PROSECUTING ATTORNEYS)

Cases papers for offenses committed on or before 31 August 1987:

 

1. If the person has not been convicted of a felony as an adult.

 

 

2.  If the person has been convicted of a felony as an adult.

 

 

 

 

Until the individual is 23.

 

 

Until the individual is 33.

 

 

 

 

 

Retention Note: State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in PS4225-17(a)(2).

 

PS4225-17b

JUVENILE CASE PAPERS (PROSECUTING ATTORNEYS)

Case papers for offenses committed between 1 September 1987 and 31 December 1995:

 

1. If the person has not been convicted of a felony as an adult.

 

 

2. If the person has been convicted of a felony as an adult.

 

 

 

3. If the juvenile is found to have engaged in conduct involving a violation of the penal code of the grade of felony.

 

 

 

Until the individual is 23.

 

 

Until the individual is 33.

 

 

 

Date of judgment in disposition hearing + 25 years.

 

 

 

Retention Note: State law requires that the records can only be destroyed at this point on the motion of a person in whose name files and records are kept or on the court’s own motion. Local governments wishing to dispose of juvenile records at the expiration of the retention period prescribed under these circumstances should petition the court for an order directing that the records be destroyed. Local governments may dispose of the juvenile records on their own initiative only according to the retention period set out in PS4225-17(b)(2).

 

*PS4225-17c

JUVENILE CASE PAPERS (PROSECUTING ATTORNEYS)

Case papers for offenses committed on or after 1 January 1996:

 

1. The most serious allegation adjudicated was conduct indicating a need for supervision; or the referral or information did not relate to conduct indicating a need for supervision or delinquent conduct and the juvenile court or the court’s staff did not take action of the referral or information for that reason.

 

2.  The most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of misdemeanor; or the most serious allegation was delinquent conduct that violated a penal law of the grade of misdemeanor or felony and there was not an adjudication.

 

3. The most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of felony.

 

 

 

4.  If the juvenile was tried as an adult or was adjudged delinquent based on the violation of a penal law of the grade of felony and was sentenced to the Texas Juvenile Justice Department with a transfer to the Texas Department of Criminal Justice under determinate sentencing procedures.

 

Until the individual is at least 18 years of age.

 

 

 

 

Until the individual is at least 21 years of age.

 

 

 

Until the individual is at least 31 years of age.

 

 

 

Follow the retention periods for item number PS2575-01.

 

 

 

 

By law - Family Code §58.0071(d)(1).

 

 

 

 

 

 

 

 

By law - Family Code §58.0071(d)(2).

 

 

 

 

 

 

 

 

By law - Family Code §58.0071(d)(3).

 

 

 

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SECTION 2-6:  RECORDS OF WRITS AND PROCESS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4250-01 

CIVIL WRITS AND PROCESS

Writs, notices, orders, and other civil processes issuing from a court or other legally authorized agency or individual to be executed, posted, or published by a peace officer, including any attached proofs of service, execution, sale, or publication, and if required by the type of process, any replevy or indemnity bonds. 

Return to issuing court or agency after execution or attempted execution.

 

PS4250-02 

CRIMINAL PROCESS

Original and copies of criminal process to be executed or used by a peace officer.

 

 

PS4250-02a

CRIMINAL PROCESS

Arrest warrants, capiases of all types, and witness attachments.

Retain until arrest or attachment is made or process is dismissed or recalled, then return to issuing court.

 

PS4250-02b 

CRIMINAL PROCESS

Search warrants and inventories of property.

Return to court after use.

 

PS4250-02c 

CRIMINAL PROCESS

All other criminal process. 

Return to issuing court after execution or attempted execution.

 

PS4250-03 

JURY SUMMONS RECORDS

Jury lists or registers of jurors summoned for service on petit or grand juries. 

AV.

 

PS4250-04 

PROCESS LOGS OR DOCKETS

Logs, dockets, or lists of civil and criminal processes received and served by a law enforcement agency. 

2 years, or 2 years after last entry, if in bound volume.

 

 

Retention Note:  It is an exception to the retention period given that if a process log maintained by a sheriff or constable doubles as a fee book (see item number PS4300-04), it must be retained for FE + 5 years.

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SECTION 2-7:  PERMIT RECORDS AND ASSOCIATED DOCUMENTATION

Retention Note:  Any record used to document the receipt of money for the issuance of permits in this section must be retained for the applicable retention periods for item number GR1025-27 in Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS4275-01 

ALARM PERMITS

 

 

 

*PS4275-01a

ALARM PERMITS

Applications for burglar and similar intruder alarm permits, copies of permits or other documentation evidencing issuance, and any inspection or evaluation reports prepared during a permit period. 

Expiration, cancellation, revocation, or denial + 2 years.

 

PS4275-01b 

ALARM PERMITS

Logs or reports of false alarms.

2 years.

 

*PS4275-02 

BLASTER PERMITS

Applications for blaster permits; copies of permits or other documentation evidencing issuance; and any inspection, evaluation, or follow-up reports prepared during a permit period. (Applicable to sheriffs in counties with populations over 1,000,000 only.)

Expiration, cancellation, revocation, or denial + 2 years.

Local Government Code §235.001(a).

 

*PS4275-03 

VEHICLE FOR HIRE PERMITS

Applications, copies of permits or other documentation evidencing issuance, and any inspection or evaluation reports prepared during a permit period to operate motorized vehicle-for-hire passenger vehicles such as taxis, shuttles, limousines, and transportation network companies (TNC’s) or non-motorized vehicles such as pedicabs and horse draw carriages. 

Expiration, cancellation, revocation, or denial + 2 years.

 

 

*PS4275-04

WRECKER PERMITS

 

 

 

*PS4275-04a  

WRECKER PERMITS

 

Applications for wrecker permits, copies of permits or other documentation evidencing issuance, and any inspection or evaluation reports prepared during a permit period.

Expiration, cancellation, revocation, or denial + 2 years.

 

 

PS4275-04b 

WRECKER PERMITS

 

Logbooks or similar records documenting dispatch and/or towing by authorized wreckers.

1 year.

 

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SECTION 2-8:  FINANCIAL RECORDS

Retention Note:  For other financial records relating to law enforcement activities, see Part 2 of Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4300-01 

CONTRABAND FORFEITURE FUND DOCUMENTATION

Record of receipts and disbursements to or from funds involving proceeds of property seized and forfeited under Chapter 59, Code of Criminal Procedure.

FE + 5 years.

 

 

PS4300-02 

EXPENSE ACCOUNT RECORDS

Documentation of expenses incurred by a sheriff for feeding and lodging jurors, reimbursable mileage for out-county service, housing and feeding of prisoners, conveyance of witnesses, and other expenses permitted by law.

FE + 3 years.

 

 

*PS4300-03

[WITHDRAWN – SEE GR1025-07]

 

 

 

*PS4300-04  

FEE BOOK

Record or account of fees collected by a sheriff or constable for activities for which the officer can collect fees by law.

FE + 5 years.

 

 

PS4300-05 

WORK RELEASE SALARY FUND RECORDS

 

 

 

PS4300-05a 

WORK RELEASE SALARY FUND RECORDS

Ledger of receipts and disbursements into or out of the fund. 

FE + 5 years.

 

PS4300-05b 

WORK RELEASE SALARY FUND RECORDS

 

Payment records of each inmate participating in a work release program, showing name of inmate, salary received, and deductions allowable by law.

FE + 3 years.

 

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SECTION 2-9:  PERSONNEL AND TRAINING RECORDS

Retention Note:  This part supplements and should be used in conjunction with Part 3 of Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS4325-01 

POLICE ACADEMY RECORDS

Includes records relating to academic and skills training, Texas Commission on Law Enforcement (TCOLE) inspections and follow-up inspections, and meeting minutes of academy advisory boards of licensed academies and other local government entities under agreement with TCOLE to provide training.

5 years.

By regulation – Title 37, Chapter 215 of the Texas Administrative Code.

 

Retention Note:  There is an exception to the retention periods given in this records group.  Records documenting the training and educational achievement of police officers and recruits employed by the local government that operates the police academy or conducts the training program under agreement with the Texas Commission on Law Enforcement must be retained for date of separation + 5 years.  See item number GR1050-28(a).

 

*PS4325-01a-c

[WITHDRAWN – SEE PS4325-01]

 

 

 

*PS4325-02 

WEAPONS PROFICIENCY TESTS

Reports of weapons proficiency tests administered to peace officers (includes hardship waivers for recertification).

Active:

US; or date of separation + 5 years, whichever sooner.

 

Retired:

Date of issuance or denial + 2 years.

 

By regulation – 37 TAC §217.3 (proof of licensing requirements) and §218.9 (hardship waiver).

 

 

 

By law – Occupations Code §1701.357.

*PS4325-03 

RESIGNATION OR TERMINATION, REPORTS OF

Copies of reports from a law enforcement agency to the Texas Commission on Law Enforcement on the resignation or termination of persons from the agency who are licensed by the commission. 

Date of separation + 5 years.

By regulation - 37 TAC §217.7(h).

 

For reporting requirements, see Texas Occupations Code §1701.452.

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SECTION 2-10:  MISCELLANEOUS RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS4350-01

[WITHDRAWN – SEE PS4075-04]

 

 

 

PS4350-02 

CONVICT LABOR RECORD

Register of convicts hired out to individuals and firms for private work, showing name of convict, offense, amount of fines or costs, to whom hired, details of surety bond, type of labor, rate of pay, date contracted, date discharged, and similar information.

PERMANENT.

Obsolete record created by county judges or sheriffs from 1875 to 1925.

 

 

PS4350-03 

ESTRAY RECORDS

Copies of estray reports, affidavits from owners, reports of injury to or the escape of an estray, notices of impoundment, and reports of sale of estray maintained by sheriffs or constables.

AV after filing of original records with county clerk.

     

 

 

PS4350-04 

GAMBLING DEVICE RECORDS

Documentation on the ownership or transfer of ownership of antique gambling devices furnished to sheriffs pursuant to Penal Code, Section 47.06(d). 

PERMANENT, but see retention note.

 

Retention Note:  If a sheriff's department receives notice from the former owner of an antique gambling device that the device has been transferred to a new owner, documentation submitted previously by the former owner concerning the device, including the notice of transfer of ownership, need be retained only as long as administratively valuable and is exempt from the destruction request requirement.

PS4350-05 

BINGO LICENSE NOTIFICATIONS

Notifications submitted to sheriff’s and municipal police departments by bingo licensees that they have been issued a license to conduct bingo in the law enforcement agency’s jurisdiction. 

1 year.

 

 

      

 

 

*PS4350-06

COMMERCIAL MOTOR VEHICLE INSPECTION REPORTS

Records documenting activities to reduce commercial motor vehicle accidents under agreement with the Texas Department of Public Safety to implement its Motor Carrier Safety Assistance Program.

CE + 2.

Per Memorandum of Agreement between Texas Department of Public Safety and municipalities and sheriffs.

 

*PS4350-07

CRIME VICTIM SERVICES FILES

Records for administering the Crime Victims’ Compensation program, including applications for compensation and supporting documents, under Chapter 56, Subchapter B of the Texas Code of Criminal Procedure.

5 years from the last date of service for adult clients, or 5 years beyond the age of 18 for minor clients.

 

 

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PART 3:  RECORDS OF COUNTY MEDICAL EXAMINERS

Retention Note:  For other administrative, financial, and personnel records of medical examiners see Local Schedule GR (Records Common to All Governments).

SECTION 3-1:  DEATH INVESTIGATION RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4375-01 

DEATHS RESULTING FROM TRAFFIC ACCIDENTS, REPORTS OF

Copies of reports of persons killed in traffic accidents submitted to the Texas Department of Transportation. 

AV.

     

PS4375-02 

INQUEST CASE FILES

Records relating to inquests or death investigations conducted by a medical examiner for the county or for any county in a medical examiner district headed by the examiner.  (See also item number PS4375-06.)

   

PS4375-02a 

INQUEST CASE FILES

Investigative reports by medical examiner, pathologists, or investigators; autopsy reports; toxicology, histology, and similar laboratory reports supportive of an autopsy or used as the basis for determining a cause of death; any affidavits taken during investigation; and copies of death certificates.

PERMANENT.

Retention Note:  Copies of death certificates need to be kept only as long as administratively valuable if the information on the certificate is included in one or more of the other reports listed.

PS4375-02b 

INQUEST CASE FILES

Photographs and tissue slides. 

AV.

 Retention Note:  The retention period of as long as administratively valuable is assigned to inquest-related documentation under (b) and (c) because the value of the various documents and photographs varies greatly depending on the circumstances of the death investigated.  For example, the value of case papers arising from the investigation of a death that is subsequently certified as being from natural causes is generally much less than that in which the certification is homicide.  In another example, personal property inventories, of minor value in a case in which the decedent died of natural causes and the property has been claimed, are often of crucial importance in a case in which the decedent has not been identified.

*PS4375-02c 

INQUEST CASE FILES

Requests and consents for autopsy; funeral home releases; reports of death; copies of cremation certificates; personal effects inventories; reports from law enforcement agencies, physicians, funeral homes, and hospitals; correspondence, subpoenas and other court-issued process; copies of injury reports submitted to the Texas Department of Health; and similar documents relating to an inquest investigation. 

AV.

See retention note for PS4375-02b.     

PS4375-02d 

INQUEST CASE FILES

Notices of and documentation concerning organ removal for transplant purposes.

3 years.

 

PS4375-03 

INQUEST AND/OR AUTOPSY LOGS

Logs or lists of deaths investigated and/or autopsies performed.

PERMANENT.

Retention Note:  The requirement that a log or list of deaths investigated by a medical examiner be retained PERMANENTLY may be satisfied by the PERMANENT retention of an index to the inquest case files (see item number PS4375-02a).

PS4375-04 

MISSING PERSONS DOCUMENTATION

Reports on missing persons received from law enforcement and other agencies. 

AV.

 

PS4375-05 

MORGUE REGISTERS

Registers or log sheets recording the arrival and removal of bodies from the morgue.   

AV.

 

PS4375-06 

OUT-COUNTY AUTOPSY RECORDS

Originals or copies of reports of autopsies performed for other counties on a fee basis, including any associated photographs, tissue slides, and laboratory reports. 

5 years.

 

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SECTION 3-2:  LABORATORY RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4400-01 

AUTOPSY AND LABORATORY WORK-UP DOCUMENTATION

Laboratory worksheets, notes, sound recordings, and similar records used for recording instrument readings, personal observations, and similar data in order to compile autopsy and laboratory reports. 

AV.

 Retention Note:  The retention and disposition of work-up documentation should be guided by the same considerations discussed in the retention note to item number PS4375-02(b) in this schedule.

PS4400-02 

EQUIPMENT REPAIR AND MAINTENANCE RECORD

Record of maintenance, service, and repair to instruments used to conduct toxicology, histology, and other laboratory tests and procedures. 

LA.

 

PS4400-03 

LABORATORY LOGS

Logs or registers of toxicological, histological, or other laboratory tests and procedures performed. 

3 years.

 

PS4400-04 

QUALITY CONTROL TEST REPORTS OR LOGS

Reports or logs of quality tests run on laboratory equipment used for toxicological, histology, or other laboratory tests and procedures. 

3 years.

 

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SECTION 3-3:  MISCELLANEOUS RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4425-01 

[WITHDRAWN – SEE PS4075-04]

 

 

     

PS4425-02 

[WITHDRAWN – SEE GR1025-07]

 

 

     

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PART 4:  RECORDS OF FIRE FIGHTING AND EMERGENCY MEDICAL SERVICE AGENCIES

Retention Note:  The term “local policy” as used in this part means an ordinance, order, or resolution of the governing body of a local government or an administrative regulation of a fire fighting or emergency medical services department whose authority derives from the ordinance, order, or resolution.

SECTION 4-1:  FIRE AND EMERGENCY MEDICAL RESPONSE RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4450-01 

ARSON INVESTIGATION RECORDS

Investigative, laboratory, and insurance reports; affidavits; depositions; photographs; and similar records used to determine the cause, origin, and circumstances of fires or other incidents.

 

 

PS4450-01a 

ARSON INVESTIGATION RECORDS

Investigations in which it is determined that a fire was not caused by arson.

Date of determination + 5 years.

 

PS4450-01b 

ARSON INVESTIGATION RECORDS

Investigations in which it is determined that a fire was caused by arson.

Follow retention periods for item numbers PS4125-02 or PS4125-05, as applicable.

 

PS4450-02 

EMERGENCY MEDICAL SERVICE RUN REPORTS

Emergency ambulance run activity reports, advanced life-support report forms, and similar records pertinent to documenting the condition and treatment of sick or injured persons by emergency medical personnel.   

 

 

*PS4450-02a

EMERGENCY MEDICAL SERVICE RUN REPORTS

Treatment rendered.

7 years from date of service rendered, or until the patient’s 21st birthday, whichever later.

By regulation -  22 TAC §165.1.

 

PS4450-02b

EMERGENCY MEDICAL SERVICE RUN REPORTS

Treatment refused.

2 years.

 

PS4450-03 

FIRE RECORD

A log or register consolidated daily, other periodic report, or any other form of record that provides in summary form information on each fire or other incident to which fire or emergency medical personnel have responded, including, at a minimum, the date, time, location, and nature of the incident.

2 years, or 2 years after last entry, if in bound volume.

 

 

*PS4450-04 

INCIDENT REPORTS

Reports, including those completed on TEXFIRS  or other incident reporting system forms, of each fire or other incident to which a firefighting or other fire agency unit has responded, detailing the type of incident, units responding, action taken, equipment used, and other pertinent data.

5 years.

 

 

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SECTION 4-2:  FIRE PREVENTION AND INSPECTION RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS4475-01 

ALARM PERMITS, AUTOMATIC SPRINKLER SYSTEM PERMITS, AND ASSOCIATED DOCUMENTATION

 

 

 

*PS4475-01a 

ALARM PERMITS, AUTOMATIC SPRINKLER SYSTEM PERMITS, AND ASSOCIATED DOCUMENTATION

 

Installation and test certificates for fire detection, fire alarm devices or systems, or automatic sprinkler systems filed with fire agencies.

Life of device or system.

 

*PS4475-01b 

ALARM PERMITS, AUTOMATIC SPRINKLER SYSTEM PERMITS, AND ASSOCIATED DOCUMENTATION

 

 

Applications for fire detection, fire alarm, and automatic sprinkler system permits and copies of permits or other documentation evidencing issuance. 

Expiration, cancellation, revocation, or denial + 2 years.

 

 

 

*PS4475-01c

ALARM PERMITS, AUTOMATIC SPRINKLER SYSTEM PERMITS, AND ASSOCIATED DOCUMENTATION

Inspection or evaluation reports prepared during a permit period, if permits are required by local policy.

3 years.

 

PS4475-02

[WITHDRAWN – SEE PS4475-01]

 

 

 

*PS4475-03 

CERTIFICATES OF OCCUPANCY

Working copies of certificates of occupancy or records of their issuance used to certify final approval for the occupancy of new structures or old structures that have been remodeled to the extent that a certificate of occupancy is required by local policy.

AV, but see retention note.

Retention Note:  In a municipality or in any other local government that has authority to certify occupancy, the department that issues the official certificate of occupancy or its equivalent must retain the record in accordance with item number PW5250-06.  Departments using a copy of the certificate of occupancy or its equivalent may follow the AV retention period set forth in this series.

 

PS4475-04 

COMPLAINTS 

Complaints regarding possible violations of the fire code or potential fire hazards. 

Resolution of the complaint + 3 years.

 

PS4475-05 

CONTROLLED BURN RECORDS

Applications for permits for controlled burning, and copies of or comparable records of permits issued.

1 year.

 

PS4475-06

DRILL AND SIMULATION RECORDS

Reports and related documentation of drills, simulations, and triage exercises conducted or participated in by fire, emergency medical, or emergency communications personnel. 

5 years.

 

PS4475-07 

HAZARDOUS MATERIALS RECORDS

 

 

 

*PS4475-07a 

HAZARDOUS MATERIALS RECORDS

 

Lists of names of representatives of employers and manufacturing employers knowledgeable about hazardous chemicals used or stored, facility and workplace chemical lists, and material safety data sheets (MSDS) submitted to fire chiefs under authority of Health and Safety Code, Title 6, Subtitle D.   

 

US or hazardous materials no longer stored at the place of business. 

Retention Note:  When it is known with reasonable certainty that an employer or manufacturing employer has ceased business and that hazardous chemicals have been removed from the place of former business, the records listed in (a) may be disposed.

*PS4475-07b 

HAZARDOUS MATERIALS RECORDS

 

Applications, copies of permits or documentation evidencing issuance, and pertinent supplemental documentation relating to the issuance of permits for the sale, use, storage, manufacture, or transport of flammable, corrosive, explosive, or other hazardous materials and chemicals, as may be required by local policy. 

Expiration, cancellation, revocation, or denial + 2 years.

 

PS4475-08 

INSPECTION REPORTS AND LOGS

Documentation concerning the inspection of structures and other property by fire agency personnel for fire hazards, conformity with codes and regulations, and for such other reasons permitted by state law or local policy.

 

 

PS4475-08a 

INSPECTION REPORTS AND LOGS

Inspection reports of commercial, mercantile, and industrial structures; day care centers and foster homes; hospitals and nursing homes; schools; and other structures or property whose periodic inspection is required by state law or local policy.   

US + 3 years, or until no longer used for the purpose requiring inspection + 3 years, whichever sooner, but see retention note.

 

Retention Note:  If a master record is not maintained, then the inspection reports must be maintained for the life of the structure.

PS4475-08b 

INSPECTION REPORTS AND LOGS

Inspection reports on an as-needed basis of any structure or property whose periodic inspection is not required by state law or local policy. 

3 years.

 

PS4475-08c 

INSPECTION REPORTS AND LOGS

Inspection reports of private residences done as part of fire prevention and safety programs.  

AV.

     

PS4475-08d 

INSPECTION REPORTS AND LOGS

Logs or similar records, arranged by date, address, or name of inspector, listing inspections carried out by the agency.   

3 years.

 

 

PS4475-08e 

INSPECTION REPORTS AND LOGS

Master card or comparable record on each structure described in (a), providing the location and description of the property and containing summary data on inspections and code violations.

Life of structure + 3 years, or until no longer used for purpose requiring inspection + 3 years, whichever sooner.

Retention Note:  If a master record is not maintained, then the inspection reports described in (a) must be maintained for the life of the structure.

PS4475-09 

NOTIFICATION OF VIOLATIONS RECORDS

 

 

 

 

PS4475-09a 

NOTIFICATION OF VIOLATIONS RECORDS

 

Copies of notifications sent or given to the owner, agent, or occupant of a structure or property to correct a violation found during an inspection, including documentation verifying that the violation has been corrected.   

Verification of correction + 3 years.

 

Retention Note:  Verification of correction means the date of a follow-up inspection or the receipt of documentation, sufficient in terms of local policy, showing proof of correction.

PS4475-09b 

NOTIFICATION OF VIOLATIONS RECORDS

 

Records relating to the certification of a structure as substandard.   

 

Verification that structure has been brought up to code + 3 years, or until demolition + 3 years, as applicable.

 

*PS4475-10 

PLAN REVIEW RECORDS

Documentation relating to the review of construction plans by fire agency personnel as may be required by local policy.   

AV.

Retention Note: See PW5250-01 for retention of blueprints and plans. 

*PS4475-11 

PRE-FIRE PLANNING RECORDS

Planning and survey reports, building plans, and similar records of individual structures or building complexes used to plan firefighting strategies. 

US, expired, or discontinued.

     

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SECTION 4-3:  APPARATUS AND EQUIPMENT RECORDS

Retention Note:  For aircraft and vehicle maintenance records see Section 1-2 of this schedule.

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4500-01 

ALARM AND HYDRANT RECORDS

     

PS4500-01a 

ALARM AND HYDRANT RECORDS

Reports on the inspection, test, and maintenance of agency alarm and alarm boxes (including private alarms linked to department master systems) and of fire hydrants.   

US + 3 years.

 

PS4500-01b 

ALARM AND HYDRANT RECORDS

Inventories of alarms and hydrants, showing location, type of equipment, etc.   

US.

 

PS4500-02 

BREATHING APPARATUS INSPECTION RECORDS

Reports, as required by the Texas Commission on Fire Protection, of the inspection and testing of self-contained breathing apparatus, including reports of all tests required by the commission. 

3 years.

By regulation - 37 TAC 435.3(4).

PS4500-03 

[WITHDRAWN – SEE PS4050-08]

     

PS4500-04 

TEXAS COMMISSION ON FIRE PROTECTION RECORDS

Copies of inspection and follow-up inspection reports by inspectors of the Texas Commission on Fire Protection, including notices of non-compliance with commission standards.   

5 years.

 

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SECTION 4-4:  TRAINING RECORDS

Retention Note:  This part supplements and should be used in conjunction with Part 3 of Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4525-01 

EMERGENCY MEDICAL SERVICE TRAINING RECORDS

Records relating to the training (including continuing education) of emergency medical personnel sufficient to document who was trained and when, in what subject, and by whom; scores received in academic achievement and performance tests (including copies of all written tests), and similar records of the training and achievement of individual students.   

5 years.

Retention Note:  It is an exception to the retention periods given in this record group that records documenting the training and educational achievement of employees as described in item number GR1050-28(a) must be retained for date of separation + 5 years for emergency medical personnel employed by the local government that conducts the training.

*PS4525-02 

FIREFIGHTER RECRUIT TRAINING FACILITY RECORDS

Records relating to recruit training, certified by the Texas Commission on Fire Protection, for structural fire, aircraft crash, and rescue personnel sufficient to document who was trained and when, in what subject, and by whom; scores received in academic achievement and performance tests (including copies of all written tests); and similar records of the training and achievement of individual students.

3 years. 

By regulation - 37 TAC §427.13(b) (onsite training); 37 TAC §427.203(b) (distance training).

Retention Note:  It is an exception to the retention periods given in this record group that records documenting the training and educational achievement of employees as described in item number GR1050-28(a) must be retained for date of separation + 5 years for fire personnel employed by the local government that operates the training facility.

SECTION 4-5:  MISCELLANEOUS RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4550-01 

[WITHDRAWN – SEE GR1025-07]

 

 

     

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PART 5:  RECORDS OF COMMUNITY SUPERVISION AND CORRECTIONS (ADULT PROBATION) DEPARTMENTS

Retention Note:  For administrative, financial, and personnel records of community supervision and corrections departments see Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

PS4575-01 

CASE RECORDS

Case record on each probationer under the direct or indirect supervision of a community supervision and corrections department documenting all significant actions, decisions, and services rendered, including assessment reports, medical and psychological information, case classification forms, supervision plans, periodic evaluations, pre sentence investigation reports (PSIR), criminal history records, court orders, correspondence, and similar records relating to the supervision of the probationer. 

Date direct or indirect supervision of the probationer ends + 3 years.

 

PS4575-02 

CASELOAD RECORDS

Records documenting the distribution of cases among probation officers, including monthly workload summaries

3 years.

 

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PART 6:  RECORDS OF COUNTY, DISTRICT, AND CRIMINAL DISTRICT ATTORNEYS

Retention Notes:  a) Attorneys for local governments other than counties should use Local Schedule GR (Records Common to All Governments) for scheduling records.

b) Do not confuse records series in this part with case papers, dockets, exhibits, and minutes maintained by court clerks.

SECTION 6-1:  CASE RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS2575-01 

CASE FILES AND WORKING PAPERS

Closed and pending case files and working papers, including all documents, papers, correspondence, reports (including jail population and medical examiner records filed with the attorney), briefs, notes, drafts, photographs, video and sound recordings, and similar records relating to criminal or civil cases, proceedings, actions, or investigations to which the attorney is a party on behalf of the county or the state.

AV after final disposition, but see retention note b.

Retention Notes:

 a) The term “final disposition” in the retention period for this record has the following meanings:

1) For unadjudicated matters - Date decision made not to proceed further with the matter in question.

 

2) For any case dismissed for want of prosecution, on the motion of the plaintiff or the state, or for other reasons within the power of a court - Effective date of dismissal.

 

3) Civil cases – Date of final judgment.

 

4) Criminal cases – Date of final judgment.

 

b) Prior to disposal, case and working papers shall be appraised by the records management officer for historical value, and those determined by the records management officer to merit retention for historical reasons must be retained PERMANENTLY.

PS2575-02 

DOCKETS OR CASE LOGS

Docket or log of civil, criminal, or combined cases brought or defended by the attorney.   

AV.

     

PS2575-03

[WITHDRAWN – SEE PS2575-02]

 

 

 

PS2575-04

[WITHDRAWN – SEE PS2575-02]

 

 

 

PS2575-05 

[WITHDRAWN – SEE PS2575-01]

 

 

 

PS2575-06 

GRAND JURY DOCKET OR MINUTES

Minutes or record of proceedings before a grand jury.

 

1) If not a copy of the grand jury docket in the possession of the county clerk.

 

2) If a copy of the grand jury docket in the possession of the district clerk.  

 

 

 

10 years.

 

 

AV.

 

Retention Note: Review before disposal; some records may merit PERMANENT retention for historical reasons.

PS2575-07

[WITHDRAWN – SEE PS2575-01]

 

 

 

PS2575-08 

LEGAL OPINIONS

Formal legal opinions rendered by the attorney to a county or precinct officer. 

PERMANENT.

Retention Note: For retention of informal legal opinions and other correspondence provided by counsel, see GR1000-26a.

PS2575-09

[WITHDRAWN – SEE PS2575-01]

 

 

 

*PS2575-10 

REGISTER OF OFFICIAL ACTS

Register of all official acts as required by Government Code §41.008. 

PERMANENT.

By law – Government Code §41.008.    

PS2575-11

[WITHDRAWN – SEE GR1000-41]

 

 

 

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SECTION 6-2:  ADMINISTRATIVE AND FINANCIAL RECORDS

Retention Note:  For personnel and other administrative and financial records of county and district attorneys see Local Schedule GR (Records Common to All Governments).

Record Number

Record Title

Record Description

Retention Period

Remarks

*PS2600-01

[WITHDRAWN – SEE PS4075-04]

 

 

 

*PS2600-02

[WITHDRAWN – SEE GR1000-41]

 

 

 

*PS2600-03 

CONTRABAND FORFEITURE FUND DOCUMENTATION

Records of property and proceeds that are seized and forfeited under Chapter 59, Code of Criminal Procedure, including receipts and disbursements to benefitting funds.

FE + 5 years.

 

*PS2600-04

[WITHDRAWN – SEE GR1025-07]

 

 

 

PS2600-05 

HOT CHECK FUND DOCUMENTATION

Record of receipts and disbursements to or from a fund established under Code of Criminal Procedure §102.007, relating to fees for collecting and processing sight orders.

FE + 5 years.

 

 

 

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Page last modified: March 2, 2017