PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 6. STATE RECORDS
SUBCHAPTER A. RECORDS RETENTION SCHEDULING
(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 §6.10 is not included in the print version of the Texas Register. The figure is available in the on-line version of the May 10, 2024, issue of the Texas Register.)
The Texas State Library and Archives Commission (commission) adopts amendments to 13 Texas Administrative Code §6.10, Texas State Records Retention Schedules. The amendments are adopted with changes to the proposed text as published in the March 1, 2024, issue of the Texas Register (49 TexReg 1178). The rule will be republished.
EXPLANATION OF ADOPTED AMENDMENTS. The purpose of the amendments to the noted "Archives" and "Caution" notes in the State Records Retention Schedule (the "schedule") is to align archival requirements with requirements of the State Publications Depository Program (the "program") and ensure records appropriate for the program are not unnecessarily transferred to the State Archives as well. The amendments also add or correct legal citations in three records series related to agendas and minutes of open meetings and agendas, minutes, and recordings of closed meetings.
After proposal, the commission noticed a minor, non-substantive error to the title page of the schedule. The proposed version read "5th Edition, 1st Revision." Because the commission was proposing changes to the schedule, it should have read "5th Edition, 2nd Revision." The commission adopts the schedule with this change. There are no other changes on adoption.
The amendment to the Archives Note for record series 1.1.074, Sunset Review Report and Related Documentation, deletes an agency's Sunset Self-Evaluation Report from the list of related documentation, as the Self-Evaluation Report is a state publication required to be submitted to the depository program.
The amendment to the Caution Note for record series 4.5.003, Annual Financial Reports, deletes language requiring archival review for the reports. Instead, the archival requirement for these reports when a biennial or annual narrative report is not produced is met by sending the required copies to the depository program.
The amendment to the Archives Note for record series 1.1.058, Meetings, Agendas and Minutes of Open, adds a reference to Government Code, §324.008(d), which requires the governing body of a state agency to deliver to both the Legislative Reference Library and the commission a certified copy of the minutes of any meeting of the governing body.
The amendment to the legal citations for record series 1.1.059, Meetings, Agendas and Minutes or Audiovisual Recordings of Closed, and record series 1.1.060, Meetings, Agendas and Minutes or Audiovisual Recordings of Closed, corrects an error by moving the reference to Government Code, §551.104(a) from record series 1.1.060 to record series 1.1.059.
SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The amendments are adopted under Government Code, §441.185, which authorizes the commission to prescribe by rule a minimum retention period for any state record unless a minimum retention period for the record is prescribed by another federal or state law, regulation, or rule of court; Government Code, §441.199, which authorizes the commission to adopt rules it determines necessary for cost reduction and efficiency of recordkeeping by state agencies and for the state's management and preservation of records; Government Code, §441.190, which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records, paying particular attention to the maintenance, storage, and protection of archival and vital state records; Government Code, §441.103, which requires a state agency to furnish copies of its state publications that exist in a physical format to the Texas State Library in the number specified by commission rules; and Government Code, §441.104, which directs the commission to establish a program for the preservation and management of state publications.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.
§6.10.Texas State Records Retention Schedules.
(a) A record listed in the Texas State Records Retention Schedule (Revised 5th Edition) must be retained for the minimum retention period indicated by any state agency that maintains a record of the type described.
Figure: 13 TAC §6.10(a) (.pdf)
(b) A record listed in the Texas State University Records Retention Schedule (2nd Edition) must be retained for the minimum retention period indicated by any university or institution of higher education.
Figure: 13 TAC §6.10(b) (No change.)
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 April 23, 2024.
TRD-202401710
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: May 13, 2024
Proposal publication date: March 1, 2024
For further information, please call: (512) 463-5460