TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 6. STATE RECORDS

SUBCHAPTER A. RECORDS RETENTION SCHEDULING

The Texas State Library and Archives Commission (commission) adopts the repeal of Texas Administrative Code, Title 13, Part 1, Chapter 6, Subchapter A, §6.9, concerning Notification by State Records Administrator. The repeal is adopted without changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5412) and will not be republished.

The commission recently concluded its quadrennial review of Chapter 6 as required by Government Code §2001.039. After review, the commission determined that the reasons for adopting the rules in this chapter continue to exist; however, the commission identified one section that is no longer necessary. Section 6.9 is outdated, unnecessary, and does not implement, interpret, or prescribe law or policy, nor describe a commission procedure or practice requirement. Accordingly, the commission repeals §6.9.

During the review, the commission also determined that §6.122, Records Storage Services Fee Schedule, is more appropriately located with other fee schedule provisions in Subchapter D. On adoption of the repeal of §6.9, the commission concurrently moves §6.122 into Subchapter D and eliminates Subchapter E.

SUMMARY OF COMMENTS. The commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY. The repeal is adopted under Government Code, §441.189, which provides that any state record may be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the commission; §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; and §441.182, which authorizes the commission to recover costs through the assessment of fees for operating the state records center for the economical and efficient storage, accessibility, protection, and final disposition of inactive and vital state records and performing micrographic and other imaging services for the protection, accessibility, and preservation of state records.

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 December 5, 2025.

TRD-202504432

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: December 25, 2025

Proposal publication date: August 22, 2025

For further information, please call: (512) 463-5460

CHAPTER 7. LOCAL RECORDS

SUBCHAPTER D. RECORDS RETENTION SCHEDULES

13 TAC §7.125

The Texas State Library and Archives Commission (commission) adopts the repeal of Texas Administrative Code, Title 13, Part 1, Chapter 7, Subchapter D, §7.125, Records Retention Schedules. The repeal is adopted without changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5413). The rule will not be republished.

Section 441.158 of the Government Code requires the director and librarian, under the direction of the commission, to prepare records retention schedules for each type of local government, including a schedule for records common to all types of local government, and to adopt the schedules by rule. Each schedule must list the records of the applicable local government, state the retention period prescribed by law, rule, or regulation where one exists, and prescribe retention periods for all other records, which periods have the same effect as law once adopted.

Section 7.125 was first adopted in 1992 and included full images of twelve unique records retention schedules applicable to different types of local government, along with a schedule for records common to all. Over time, the schedules were updated to reflect changes in law and practice and to simplify and consolidate record series. However, because all twelve schedules were contained within a single rule, reviewing and updating them became inefficient, as amendments could not be proposed until prior amendments became effective. For this reason, §7.125 has been repealed, and each schedule will be adopted as a separate administrative rule. This action improves the commission's ability to update and maintain the schedules and provides greater usability for local governments. The adoption of each individual schedule appears elsewhere in this same issue of the Texas Register.

SUMMARY OF COMMENTS. The commission received no comments regarding the proposed repeal.

STATUTORY AUTHORITY. The repeal is adopted under Government Code, §441.158, which requires the director and librarian, under the direction of the commission, to prepare and adopt records retention schedules for each type of local government, including a schedule for records common to all types of local government.

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 December 5, 2025.

TRD-202504430

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: December 25, 2025

Proposal publication date: August 22, 2025

For further information, please call: (512) 463-5460

13 TAC §§7.126 - 7.137

(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 figures in 13 TAC §§7.126 - 7.137 are not included in the print version of the Texas Register. The figures are available in the on-line version of the December 19, 2025, issue of the Texas Register.)

The Texas State Library and Archives Commission (commission) adopts new §§7.126 - 7.137, concerning Local Government Records Retention Schedules. The new rules are adopted with minor changes to the proposed text as published in the August 22, 2025, issue of the Texas Register (50 TexReg 5414). Specifically, the headers and effective dates on each section have been updated. The rules will be republished.

Section 441.158 of the Government Code requires the director and librarian, under the direction of the commission, to prepare records retention schedules for each type of local government, including a schedule for records common to all types of local government. The statute further requires the commission to adopt the schedules by rule. Each schedule must list the records of the applicable local government, state the retention period prescribed by law, rule, or regulation for records for which a period is prescribed, and prescribe retention periods for all other records, which periods have the same effect as law once the schedule is adopted.

The adoption of each local government records retention schedule as a separate administrative rule was determined necessary to update and improve the schedules so that each record series remains accurate, current, and supported by appropriate legal citations. Adoption in this format will also simplify the process of making updates and clarifying language in the future. Previously, all twelve schedules were contained within a single section of the Texas Administrative Code that, when printed, exceeded 475 pages. As a result of this format, amendments could not be proposed to a specific schedule until prior amendments to any of the schedules within the rule became effective, a process that made reviewing and updating individual schedules inefficient and cumbersome. By adopting each schedule separately, the commission ensures greater efficiency in reviewing and updating the schedules and improves the usability of its rules for local governments. In connection with this action, the commission adopts the repeal of §7.125, Records Retention Schedules, which previously contained all twelve schedules, and notice of that adoption appears in this same issue of the Texas Register.

SUMMARY OF PUBLIC COMMENT. The commission received no comments regarding the proposed new rules.

STATUTORY AUTHORITY. The new sections are adopted under Government Code §441.158, which requires the director and librarian, under the direction of the commission, to prepare records retention schedules for each type of local government, including a schedule for records common to all types of local government, and to adopt the schedules by rule.

§7.126. Local Schedule GR, Records Common to All Local Governments.

Local Schedule GR: Records Common to All Local Governments.

Figure: 13 TAC §7.126 (.pdf)

§7.127. Local Schedule PW: Records of Public Works and Other Government Services.

Local Schedule PW: Records of Public Works and Other Government Services.

Figure: 13 TAC §7.127 (.pdf)

§7.128. Local Schedule CC: Records of County Clerks.

Local Schedule CC: Records of County Clerks.

Figure: 13 TAC §7.128 (.pdf)

§7.129. Local Schedule DC: Records of District Clerks.

Local Schedule DC: Records of District Clerks.

Figure: 13 TAC §7.129 (.pdf)