Sec. 202.001. DESTRUCTION OF RECORDS. (a) A local government record may be destroyed if:
(1) the record is listed on a valid records control schedule and either its retention period has expired or it has been microfilmed or stored electronically in accordance with the requirements of Chapters 204 and 205;
(2) the record appears on a list of obsolete records as provided by Section 203.044; or
(3) the record is not listed on a records retention schedule issued by the commission and the local government provides notice to the commission at least 10 days before destroying the record as required by Section 441.169, Government Code.
(b) The following records may be destroyed without meeting the conditions of Subsection (a):
(1) records the destruction or obliteration of which is directed by an expunction order issued by a court pursuant to state law; and
(2) records defined as exempt from scheduling or filing requirements by rules adopted by the commission or listed as exempt in a records retention schedule issued by the commission.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1149 (H.B. 557), Sec. 9, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 13, eff. September 1, 2019.
Structure Texas Statutes
Subtitle C - Records Provisions Applying to More Than One Type of Local Government
Chapter 202 - Destruction and Alienation of Records
Section 202.001. Destruction of Records
Section 202.002. Litigation and Open Records Requests
Section 202.003. Method of Destruction
Section 202.004. Alienation of Records
Section 202.005. Right of Recovery
Section 202.006. Destruction of Nonrecord Material
Section 202.007. Personal Liability
Section 202.008. Penalty: Destruction or Alienation of Record
Section 202.009. Penalty: Possession of Record by Private Entity