AN ACT
1-1 relating to the definition of a record for records management and
1-2 archival purposes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (5), Section 441.031, Government
1-5 Code, is amended to read as follows:
1-6 (5) "State record" means a document, book, paper,
1-7 photograph, sound recording, or other material, regardless of
1-8 physical form or characteristic, made or received by a state
1-9 department or institution according to law or in connection with
1-10 the transaction of official state business. The term does not
1-11 include library or museum material made or acquired and preserved
1-12 solely for reference or exhibition purposes, an extra copy of a
1-13 document preserved only for convenience of reference, [or] a stock
1-14 of publications or of processed documents, or any records,
1-15 correspondence, notes, memoranda, or other documents associated
1-16 with a matter conducted under an alternative dispute resolution
1-17 procedure in which personnel of a state department or institution,
1-18 local government, special district, or other political subdivision
1-19 of the state participated as a party, facilitated as an impartial
1-20 third party, or facilitated as the administrator of a dispute
1-21 resolution system or organization.
1-22 SECTION 2. Subdivision (1), Section 441.091, Government
1-23 Code, is amended to read as follows:
2-1 (1) "County record" means any document, paper, letter,
2-2 book, map, photograph, sound or video recording, microfilm,
2-3 magnetic tape, electronic medium, or other information recording
2-4 medium, regardless of physical form or characteristic and
2-5 regardless of whether public access to it is open or restricted
2-6 under the laws of the state, created or received by a county or
2-7 precinct or any county or precinct officers or employees, including
2-8 the district clerk, pursuant to law, including an ordinance or
2-9 order of the commissioners court of the county, or in the
2-10 transaction of public business. The term does not include:
2-11 (A) extra identical copies of documents created
2-12 only for convenience of reference or research by county or precinct
2-13 officers or employees;
2-14 (B) notes, journals, diaries, and similar
2-15 documents created by a county or precinct officer or employee for
2-16 the officer's or employee's personal convenience;
2-17 (C) blank forms;
2-18 (D) stocks of publications;
2-19 (E) library and museum materials acquired solely
2-20 for the purposes of reference or display; [or]
2-21 (F) copies of documents in any media furnished
2-22 to members of the public to which they are entitled under Chapter
2-23 552, or other state law; or
2-24 (G) any records, correspondence, notes,
2-25 memoranda, or other documents associated with a matter conducted
3-1 under an alternative dispute resolution procedure in which
3-2 personnel of a state department or institution, local government,
3-3 special district, or other political subdivision of the state
3-4 participated as a party, facilitated as an impartial third party,
3-5 or facilitated as the administrator of a dispute resolution system
3-6 or organization.
3-7 SECTION 3. Subdivision (8), Section 201.003, Local
3-8 Government Code, is amended to read as follows:
3-9 (8) "Local government record" means any document,
3-10 paper, letter, book, map, photograph, sound or video recording,
3-11 microfilm, magnetic tape, electronic medium, or other information
3-12 recording medium, regardless of physical form or characteristic and
3-13 regardless of whether public access to it is open or restricted
3-14 under the laws of the state, created or received by a local
3-15 government or any of its officers or employees pursuant to law,
3-16 including an ordinance, or in the transaction of public business.
3-17 The term does not include:
3-18 (A) extra identical copies of documents created
3-19 only for convenience of reference or research by officers or
3-20 employees of the local government;
3-21 (B) notes, journals, diaries, and similar
3-22 documents created by an officer or employee of the local government
3-23 for the officer's or employee's personal convenience;
3-24 (C) blank forms;
3-25 (D) stocks of publications;
4-1 (E) library and museum materials acquired solely
4-2 for the purposes of reference or display; [or]
4-3 (F) copies of documents in any media furnished
4-4 to members of the public to which they are entitled under Chapter
4-5 552, Government Code, or other state law; or
4-6 (G) any records, correspondence, notes,
4-7 memoranda, or other documents associated with a matter conducted
4-8 under an alternative dispute resolution procedure in which
4-9 personnel of a state department or institution, local government,
4-10 special district, or other political subdivision of the state
4-11 participated as a party, facilitated as an impartial third party,
4-12 or facilitated as the administrator of a dispute resolution system
4-13 or organization.
4-14 SECTION 4. This Act takes effect September 1, 1997.
4-15 SECTION 5. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 454 passed the Senate on
March 26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 454 passed the House on
April 18, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor