By Duncan                                        S.B. No. 454

      75R3667 MLS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of a record for records management and

 1-3     archival purposes.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 441.031(5), Government Code, is amended

 1-6     to read as follows:

 1-7                 (5)  "State record" means a document, book, paper,

 1-8     photograph, sound recording, or other material, regardless of

 1-9     physical form or characteristic, made or received by a state

1-10     department or institution according to law or in connection with

1-11     the transaction of official state business.  The term does not

1-12     include library or museum material made or acquired and preserved

1-13     solely for reference or exhibition purposes, an extra copy of a

1-14     document preserved only for convenience of reference, [or] a stock

1-15     of publications or of processed documents, or any records,

1-16     correspondence, notes, memoranda, or other documents associated

1-17     with a matter conducted under an alternative dispute resolution

1-18     procedure in which personnel of a state department or institution,

1-19     local government, special district, or other political subdivision

1-20     of the state participated as a party, facilitated as an impartial

1-21     third party, or facilitated as the administrator of a dispute

1-22     resolution system or organization.

1-23           SECTION 2.  Section 441.091(1), Government Code, is amended

1-24     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

2-26     under an alternative dispute resolution procedure in which

2-27     personnel of a state department or institution, local government,

 3-1     special district, or other political subdivision of the state

 3-2     participated as a party, facilitated as an impartial third party,

 3-3     or facilitated as the administrator of a dispute resolution system

 3-4     or organization.

 3-5           SECTION 3.  Section 201.003(8), Local Government Code, is

 3-6     amended to read as follows:

 3-7                 (8)  "Local government record" means any document,

 3-8     paper, letter, book, map, photograph, sound or video recording,

 3-9     microfilm, magnetic tape, electronic medium, or other information

3-10     recording medium, regardless of physical form or characteristic and

3-11     regardless of whether public access to it is open or restricted

3-12     under the laws of the state, created or received by a local

3-13     government or any of its officers or employees pursuant to law,

3-14     including an ordinance, or in the transaction of public business.

3-15     The term does not include:

3-16                       (A)  extra identical copies of documents created

3-17     only for convenience of reference or research by officers or

3-18     employees of the local government;

3-19                       (B)  notes, journals, diaries, and similar

3-20     documents created by an officer or employee of the local government

3-21     for the officer's or employee's personal convenience;

3-22                       (C)  blank forms;

3-23                       (D)  stocks of publications;

3-24                       (E)  library and museum materials acquired solely

3-25     for the purposes of reference or display;  [or]

3-26                       (F)  copies of documents in any media furnished

3-27     to members of the public to which they are entitled under Chapter

 4-1     552, Government Code, or other state law; or

 4-2                       (G)  any records, correspondence, notes,

 4-3     memoranda, or other documents associated with a matter conducted

 4-4     under an alternative dispute resolution procedure in which

 4-5     personnel of a state department or institution, local government,

 4-6     special district, or other political subdivision of the state

 4-7     participated as a party, facilitated as an impartial third party,

 4-8     or facilitated as the administrator of a dispute resolution system

 4-9     or organization.

4-10           SECTION 4.  This Act takes effect September 1, 1997.

4-11           SECTION 5.  The importance of this legislation and the

4-12     crowded condition of the calendars in both houses create an

4-13     emergency and an imperative public necessity that the

4-14     constitutional rule requiring bills to be read on three several

4-15     days in each house be suspended, and this rule is hereby suspended.