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.