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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation and custody of archival state records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 441.186, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The state archivist, through review of state records |
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retention schedules submitted to the state records administrator |
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under Section 441.185 and other means available under this section, |
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shall promptly identify and designate which state records are |
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archival state records or which state records of potential archival |
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value shall be subject to the review of the state archivist prior to |
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their destruction. |
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(a-1) If the state archivist fails to identify archival state |
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records or state records of archival potential within 45 business |
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days after the date the state records administrator received a |
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state records retention schedule under Section 441.185, the state |
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records that are subject to the retention schedule, along with any |
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records acquired under Subsection (b) or (c), must be returned to |
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the respective state agency that submitted the schedule, and the |
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duty and authority to designate those state records as archival |
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state records or of archival potential under this subsection shall |
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transfer to that state agency. |
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SECTION 2. Subsection (a), Section 441.187, Government |
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Code, is amended to read as follows: |
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(a) A state record may be destroyed by a state agency if: |
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(1) the record appears on a records retention schedule |
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approved under Section 441.185 and the record's retention period |
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has expired; |
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(2) a records destruction request is submitted to the |
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state records administrator and approved by the director and |
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librarian, or the designee of the director and librarian, for a |
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state record that does not appear on the approved records retention |
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schedule of the agency; [or] |
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(3) the record is exempted from the need to be listed |
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on a records destruction request under rules adopted by the |
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commission; or |
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(4) the state archivist returned the record to the |
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state agency under Section 441.186(a-1) and the state agency did |
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not designate the record as archival or of potential archival |
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value. |
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SECTION 3. This Act takes effect September 1, 2007. |