PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 7. LOCAL RECORDS
SUBCHAPTER D. RECORDS RETENTION SCHEDULES
The Texas State Library and Archives Commission (commission) adopts amendments to §7.123, General. The amendments are adopted without changes to the proposed text as published in the November 24, 2023, issue of the Texas Register (48 TexReg 6844). The rule will not be republished.
The amendments are necessary to correct a reference to another commission rule and to update the commission's rule regarding records destruction by local governments and elected county officers based on a recent legislative change.
SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The amendments are adopted under Government Code, §441.158, which directs the commission to adopt records retention schedules for each type of local government by rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 15, 2024.
TRD-202400644
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 4, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) adopts an amendment to §10.4, Reappraisal and Deaccessioning of Items. The amendment is adopted without changes to the proposed text as published in the November 24, 2023, issue of the Texas Register (48 TexReg 6846). The rule will not be republished.
The amendment is necessary to enable commission staff to weed out duplicates of items in the State Archives when they are located within a single records series or collection, enabling staff to manage and process the collection more efficiently. The amendment to §10.4 adds a clause to subsection (b)(3) to clarify that deaccession may be an appropriate option for items that are duplicates of other items in the State Archives if the duplicates are found within records of a separate state agency or a separate non-state agency collection.
SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed amendment.
STATUTORY AUTHORITY. The amendment is adopted under Government Code, §441.190; which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records, paying particular attention to the maintenance, storage, and protection of archival and vital state records; Government Code, §441.193, which authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission; and Government Code, §441.186, which authorizes the state archivist to remove the designation of a state record as an archival state record and permit destruction of the record under rules adopted under Chapter 441, Subchapter L.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 15, 2024.
TRD-202400645
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 6, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460