TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 6. STATE RECORDS

SUBCHAPTER A. RECORDS RETENTION SCHEDULING

13 TAC §6.10

(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 December 6, 2019, issue of the Texas Register.)

The Texas State Library and Archives Commission (Commission) adopts amendments to 13 Texas Administrative Code (TAC) §6.10, with changes to the proposed text as published in the June 28, 2019, issue of the Texas Register (44 TexReg 3207).

REASONED JUSTIFICATION. The Commission finds that the adoption of these amendments is necessary to keep universities' records retention schedules up to date with current laws and administrative rules, and to improve the retention of public records by public universities and institutions of higher education in the State of Texas.

SUMMARY OF PUBLIC COMMENTS AND STAFF RECOMMENDATIONS: Public comments were accepted through July 27, 2019. Comments were received regarding the amendments during the comment period from University of Texas Medical Branch at Galveston.

Comment: University of Texas Medical Branch at Galveston, Records Management Compliance Office recommended that retention period of source data, Item No. 16.1.038, be reduced, as source data is not a part of the official medical record. The interpretation of source data is placed, by a professional, into the official medical record documenting an explanation of the source information. Retention should be revised to be based on the closure of treatment for which the source data was taken, not the date the patient is last seen. As an example, the commenter referred to the federal retention requirement for records of radiologic services, which is five years, with no connection to when the patient was last seen (42 CFR 482.26(d)(2)).

Response: The Commission agrees with recommendation that the retention period for source data be reduced and should not be based on when the patient is last seen, as source data is not part of the official medical record. In response to this comment, the Commission has revised the retention period to 5 years for consistency with the Federal regulation cited by the commenter for similar records.

Comment: University of Texas Medical Branch at Galveston, Office of Technology Transfer recommended reducing the retention period for Item No. 17.3.011, Patent and Invention Records - Patents, Licensing, and Disclosure Records. The commenter stated that patents expire and there is a 6-year statute of limitations for patent infringement claims after the patent expires. Recommend revising retention period.

Response: The Commission agrees with recommendation and revised retention period to AC + 6, AC=Expiration of the patent. Removed Archival Review requirement.

In addition to the changes from the above comments, agency identified and made non-substantive grammatical and typographical changes throughout the schedule. These changes do not impact the structure or retention of records series in the schedule.

STATUTORY AUTHORITY. The amendments are adopted under Texas Government Code, Section 441.185(f), which grants authority to the Texas State Library and Archives Commission to prescribe 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.

§6.10.Texas State Records Retention Schedule.

(a) A record listed in the Texas State Records Retention Schedule (Revised 4th 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) (No change.)

(b) A record listed in the University Records Retention Schedule must be retained for the minimum retention period indicated by any university or institution of higher education.

Figure: 13 TAC §6.10(b) (.pdf)

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 20, 2019.

TRD-201904420

Megan Carey

Manager, Records Management Assistance

Texas State Library and Archives Commission

Effective date: December 10, 2019

Proposal publication date: June 28, 2019

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