TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 7. LOCAL RECORDS

SUBCHAPTER D. RECORDS RETENTION SCHEDULES

13 TAC §7.125

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 13 TAC §7.125(a)(5) is not included in the print version of the Texas Register. The figure is available in the on-line version of the December 2, 2016, issue of the Texas Register.)

The Texas State Library and Archives Commission adopts amendments to 13 TAC §7.125, regarding local government retention schedule for Records of Public Safety Agencies (Schedule PS) with changes to the proposed text as published in the August 26, 2016, issue of the Texas Register (41 TexReg 6311) pursuant to the Government Code §441.158(a). The amendment makes revisions necessary to keep the schedule up-to-date with current laws, administrative rules, and improve retention of public records.

Comments were received regarding the amendment during the comment period. These comments and the resulting changes are identified in this preamble.

Comment: An official from City of Fort Worth stated that several examples of activity and statistical reports under PS4025-01 that are not submitted to the governing body or chief administrative officer of a local government or by the local government to a state agency and are not covered by GR1000-41a.

Response: Agency disagrees and considers the examples provided should be classified under GR1000-41b with a retention period of 1 year unless formed raw data or working papers used in a report described by GR1000-41a. GR1000-41b is intended for periodic activity and statistical reports about non-fiscal operations of a department, program or project that are not submitted to the governing body or chief administrative officer or by the local government to a state agency. Revising description of GR1000-41b to clarify its use for these records is forthcoming.

Comment: An official from Harris County supports deleting PS4025-01a-d as they are redundant an adequately covered by Local Schedule GR. Nevertheless, this change fails to address the deficiency in GR1000-41a(1) which requires "annual reports" to be retained permanently. Many "annual reports" are idiosyncratic, self-promoting documents with no permanent value. A close reading of the Record Description column of GR1000-41a suggests that many so-called "Annual Reports" are not created pursuant to law or regulation, so are not covered by this entry. But, that requires reading the Records Description for loopholes-not for guidance. Furthermore, even some Annual Reports created pursuant to law are of doubtful long-term value. For instance, SB 158 requires law enforcement agencies submit annual reports of the costs for implementing the body camera program (see Texas Occupations Code, §1701.653). We suggest that the next revision of Schedule GR addresses this issue.

Response: Agency will not revise at this time. Agency will research issue and consider this a potential future revision when we can revise the other local schedules accordingly.

Comment: An official from Harris County suggests that PS4050-03a-b also be deleted as redundant.

Response: Agency will not revise at this time. Agency will research and consider this as a potential future revision when we can revise the other local schedules accordingly.

Comment: An official from City of Fort Worth recommends delete series PS4050-03 and revise GR1075-21 to include all use logs and home storage authorizations of any government fleet vehicle.

Response: Agency will not revise at this time. Agency will research and consider this as a potential future revision when we can revise the other local schedules accordingly.

Comment: An official from City of Fort Worth recommends delete series PS4050-04a and combine with GR1075-18 so that all maintenance, repair, and inspection records for government fleet vehicles (land, air, and sea) are covered by single series on GR.

Response: Agency will not revise at this time. Agency will research and consider this as a potential future revision when we can revise the other local schedules accordingly.

Comment: An official from City of Fort Worth recommends delete series PS4050-04a because duplicates information in GR1075-24.

Response: Agency will not revise at this time. Agency will research and consider this as a potential future revision when we can revise the other local schedules accordingly.

Comment: An official from City of Fort Worth recommends removal of "calibration" from description of PS4050-04b. Radar guns are not part of the police vehicle. Move to GR1075-18a2.

Response: Staff disagrees with recommendation. Retention series applies to vehicles and stocks of equipment in vehicle. Calibration records potentially include more than just radar guns.

Comment: An official from Bexar County recommends including GPS tracking of individuals such as ankle bracelets issued to parolees and persons under house arrest. Include records of issuance, care, and handling of such devices.

Response: Agency will need to conduct additional research and will add this as a suggested revision for future edition of the schedule.

Comment: An official from City of Highland Park recommends removal of first "license" in the Record Description for PS4075-03.

Response: Agency agrees with recommendation. Record description revised.

Comment: An official from City of Fort Worth recommends adding retention note to PS4075-03 directing to GR1050-36 for all other employment related criminal history checks.

Response: Agency agrees with recommendation. Record description revised.

Comment: An official from Tarrant County stated increasing retention from 3 to 4 years and triggering off close of case is too burdensome, do not know disposition of case. Define "close of case." Specify minimum information for a "bail bond record."

Response: Agency agrees to not implement this retention change at this time. Staff will research further and consider revisions for future edition of the schedule. TSLAC does not have authority to set minimum requirements for minimum information for a "bail bond record." Bail bonds records requirements set by Code of Criminal Procedure, §17.04, 17.08 and 17.39.

Comment: An official from Harris County recommends combining PS4125-04a-f into a single entry because they have the same retention requirements. Suggest TSLAC should consider more inclusive language to cover future developments.

Response: Agency will not revise at this time. Created subseries based on technology to reflect statutory requirements specific to each technology and maximize clarity to make the schedule easier to use. This will also be easier to amend later if there are future changes in legislation. We agree that inclusivity is important but TSLAC is only authorized to set retention based on statute or rule.

Comment: An official from City of Grapevine stated keeping DWI videos 10 years is excessive, burdensome. Request separate DWI video category that ties retention to level of offense.

Response: Agency will delete the DWI category from PS4125-05b, which accomplishes goal of comment without proliferating new series.

Comment: An official from City of Fort Worth recommends adding the note about the death component to each retention consideration to make schedule easier to understand and use. This also makes the schedule easier to use and apply in electronic recordkeeping systems.

Response: Agency agrees with recommendation. However, adding note to each subseries is not necessary. Staff will add retention note to apply to all subseries.

Comment: An official from Harris County stated that three year retention seems very short for PS4150-03. This is especially ironic since PS4200-15 and PS4200-16 requires permanent local retention of reports to the Texas Commission on Jail Standards.

Response: Agency will not revise at this time. Agency will want to research these issues further and consider revisions for future edition of the schedule.

Comment: An official from Harris County disagrees with the current requirement that PS4200-15 and PS4200-16 reports be kept permanently at the local level. Five years local retention should be sufficient. If they are to be retained permanently, the Commission should do it for all jails. And, we note the irony that Death in Custody Reports only has a 3 year required retention.

Response: Agency will not revise at this time. Agency will want to research these issues further and consider revisions for future edition of the schedule.

Comment: An official from Denton County recommends replacing "arrest reports" with more appropriate term for juveniles throughout Section 2-5.

Response: Agency not considering major revisions to Section 2-5 (Juvenile Records) at this time. Staff will add to suggested revisions for future edition of the schedule.

Comment: An official from Denton County recommends change to "and there was not an adjudication" on PS4225-13c. Also recommends changing Department of Juvenile Justice to Texas Juvenile Justice Department throughout Section 2-5.

Response: Agency agrees. Records description and agency name revised.

Comment: An official from City of Fort Worth recommends including the shorter retention for denied permits, PS4275-03, and consider renaming the record series and expanding the description to address all types of vehicles for hire.

Response: Staff disagrees with recommendation to keep denied permits for 1 year. Retention period is consistent with similar records series in other schedules. Staff agrees with recommendation to expand record series to address all types of vehicles for hire. Records series title and description revised.

Comment: An official from City of Fort Worth recommends including the shorter retention for denied permits, PS4275-04a.

Response: Agency disagrees with recommendation to keep denied permits for 1 year. Retention period is consistent with similar records series in other schedules.

The amended section is adopted under Government Code §441.158 that grants authority to the Texas State Library and Archives Commission to provide records retention schedules to local governments and §441.160 that allows the commission to revise the schedules.

The adoption affects Government Code §441.158 and §441.160.

§7.125.Records Retention Schedules.

(a) The following records retention schedules, required to be adopted by rule under Government Code §441.158(a) are adopted.

(1) Local Schedule GR: Records Common to All Local Governments, Revised 5th Edition.

Figure: 13 TAC §7.125(a)(1) (No change.)

(2) Local Schedule PW: Records of Public Works and Other Government Services, 2nd Edition.

Figure: 13 TAC §7.125(a)(2) (No change.)

(3) Local Schedule CC: Records of County Clerks, 3rd Edition.

Figure: 13 TAC §7.125(a)(3) (No change.)

(4) Local Schedule DC: Records of District Clerks, 3rd Edition.

Figure: 13 TAC §7.125(a)(4) (No change.)

(5) Local Schedule PS: Records of Public Safety Agencies, 4th Edition.

Figure: 13 TAC §7.125(a)(5) (.pdf)

(6) Local Schedule SD: Records of Public School Districts, Revised 2nd Edition.

Figure: 13 TAC §7.125(a)(6) (No change.)

(7) Local Schedule JC: Records of Public Junior Colleges, 2nd Edition.

Figure: 13 TAC §7.125(a)(7) (No change.)

(8) Local Schedule LC: Records of Justice and Municipal Courts, 2nd Edition.

Figure: 13 TAC §7.125(a)(8) (No change.)

(9) Local Schedule TX: Records of Property Taxation, 3rd Edition.

Figure: 13 TAC §7.125(a)(9) (No change.)

(10) Local Schedule EL: Records of Elections and Voter Registration, 3rd Edition.

Figure: 13 TAC §7.125(a)(10) (No change.)

(11) Local Schedule HR: Records of Public Health Agencies, 2nd Edition.

Figure: 13 TAC §7.125(a)(11) (No change.)

(12) Local Schedule UT: Records of Utility Services, 2nd Edition.

Figure: 13 TAC §7.125(a)(12) (No change.)

(b) The retention periods in the records retention schedules adopted under subsection (a) of this section serve to amend and replace the retention periods in all editions of the county records manual published by the commission between 1978 and 1988. The retention periods in the manual, which were validated and continued in effect by Government Code §441.159, until amended, are now without effect.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 18, 2016.

TRD-201605999

Sarah Jacobson

Manager, Records Management Assistance

Texas State Library and Archives Commission

Effective date: December 8, 2016

Proposal publication date: August 26, 2016

For further information, please call: (512) 463-5449