1-1 By: Duncan S.B. No. 454
1-2 (In the Senate - Filed February 5, 1997; February 10, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 18, 1997, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; March 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the definition of a record for records management and
1-9 archival purposes.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (5), Section 441.031, Government
1-12 Code, is amended to read as follows:
1-13 (5) "State record" means a document, book, paper,
1-14 photograph, sound recording, or other material, regardless of
1-15 physical form or characteristic, made or received by a state
1-16 department or institution according to law or in connection with
1-17 the transaction of official state business. The term does not
1-18 include library or museum material made or acquired and preserved
1-19 solely for reference or exhibition purposes, an extra copy of a
1-20 document preserved only for convenience of reference, [or] a stock
1-21 of publications or of processed documents, or any records,
1-22 correspondence, notes, memoranda, or other documents associated
1-23 with a matter conducted under an alternative dispute resolution
1-24 procedure in which personnel of a state department or institution,
1-25 local government, special district, or other political subdivision
1-26 of the state participated as a party, facilitated as an impartial
1-27 third party, or facilitated as the administrator of a dispute
1-28 resolution system or organization.
1-29 SECTION 2. Subdivision (1), Section 441.091, Government
1-30 Code, is amended to read as follows:
1-31 (1) "County record" means any document, paper, letter,
1-32 book, map, photograph, sound or video recording, microfilm,
1-33 magnetic tape, electronic medium, or other information recording
1-34 medium, regardless of physical form or characteristic and
1-35 regardless of whether public access to it is open or restricted
1-36 under the laws of the state, created or received by a county or
1-37 precinct or any county or precinct officers or employees, including
1-38 the district clerk, pursuant to law, including an ordinance or
1-39 order of the commissioners court of the county, or in the
1-40 transaction of public business. The term does not include:
1-41 (A) extra identical copies of documents created
1-42 only for convenience of reference or research by county or precinct
1-43 officers or employees;
1-44 (B) notes, journals, diaries, and similar
1-45 documents created by a county or precinct officer or employee for
1-46 the officer's or employee's personal convenience;
1-47 (C) blank forms;
1-48 (D) stocks of publications;
1-49 (E) library and museum materials acquired solely
1-50 for the purposes of reference or display; [or]
1-51 (F) copies of documents in any media furnished
1-52 to members of the public to which they are entitled under Chapter
1-53 552, or other state law; or
1-54 (G) any records, correspondence, notes,
1-55 memoranda, or other documents associated with a matter conducted
1-56 under an alternative dispute resolution procedure in which
1-57 personnel of a state department or institution, local government,
1-58 special district, or other political subdivision of the state
1-59 participated as a party, facilitated as an impartial third party,
1-60 or facilitated as the administrator of a dispute resolution system
1-61 or organization.
1-62 SECTION 3. Subdivision (8), Section 201.003, Local
1-63 Government Code, is amended to read as follows:
1-64 (8) "Local government record" means any document,
2-1 paper, letter, book, map, photograph, sound or video recording,
2-2 microfilm, magnetic tape, electronic medium, or other information
2-3 recording medium, regardless of physical form or characteristic and
2-4 regardless of whether public access to it is open or restricted
2-5 under the laws of the state, created or received by a local
2-6 government or any of its officers or employees pursuant to law,
2-7 including an ordinance, or in the transaction of public business.
2-8 The term does not include:
2-9 (A) extra identical copies of documents created
2-10 only for convenience of reference or research by officers or
2-11 employees of the local government;
2-12 (B) notes, journals, diaries, and similar
2-13 documents created by an officer or employee of the local government
2-14 for the officer's or employee's personal convenience;
2-15 (C) blank forms;
2-16 (D) stocks of publications;
2-17 (E) library and museum materials acquired solely
2-18 for the purposes of reference or display; [or]
2-19 (F) copies of documents in any media furnished
2-20 to members of the public to which they are entitled under Chapter
2-21 552, Government Code, or other state law; or
2-22 (G) any records, correspondence, notes,
2-23 memoranda, or other documents associated with a matter conducted
2-24 under an alternative dispute resolution procedure in which
2-25 personnel of a state department or institution, local government,
2-26 special district, or other political subdivision of the state
2-27 participated as a party, facilitated as an impartial third party,
2-28 or facilitated as the administrator of a dispute resolution system
2-29 or organization.
2-30 SECTION 4. This Act takes effect September 1, 1997.
2-31 SECTION 5. The importance of this legislation and the
2-32 crowded condition of the calendars in both houses create an
2-33 emergency and an imperative public necessity that the
2-34 constitutional rule requiring bills to be read on three several
2-35 days in each house be suspended, and this rule is hereby suspended.
2-36 * * * * *