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RULE §6.1Definitions

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections shall have the meanings defined in Government Code, §441.180.

  (1) Agency head--The appointed or elected official who serves by the state constitution, state statute, or action of the governing body of a state agency as the chief executive and administrative officer of a state agency.

  (2) Archival state record--Any state record of enduring value that will be preserved on a continuing basis by the commission or another state agency until the state archivist indicates that based on a reappraisal of the record it no longer merits further retention.

  (3) Certification--The process, inclusive of recertification, by which a records retention schedule or amendments to a schedule are approved for use by a state agency during a certification period.

  (4) Certification period--The period of time during which a records retention schedule, including certified amendments to the schedule, may be used by a state agency in the final disposition of state records without additional authorization from the director and librarian.

  (5) Commission--The Texas State Library and Archives Commission.

  (6) Component--A division, department, program, or other sub-division of a state agency.

  (7) Confidential state record--Any state record to which public access is denied under Government Code, Chapter 552, or other state or federal law.

  (8) Decertification--The process by which an approved records retention schedule of a state agency is disapproved because of failure of the state agency to adhere to the requirements of Government Code, Chapter 441, Subchapter L, and these rules adopted under that subchapter.

  (9) Director and librarian--The chief executive and administrative officer of the Texas State Library and Archives Commission.

  (10) Final disposition--Final processing of state records by either destruction or archival preservation by the commission, by a state agency, or by an alternate archival institution as permitted by Government Code, Chapter 441, Subchapter L.

  (11) Records management officer--The agency head or the person appointed by the agency head to act as the state agency's representative in all issues of records management policy, responsibility, and statutory compliance pursuant to Government Code, §441.184.

  (12) Records retention schedule--A document prepared in accordance with §6.2 of this title (relating to Submission of Records Retention Schedules for Certification).

  (13) Records series--A group of identical or related records that are normally used and/or filed together, and that permit evaluation as a group for retention scheduling purposes.

  (14) Retention period--The period of time during which state records must be maintained before final disposition.

  (15) State agency--Any department, commission, board, office, or other agency in the executive, legislative, or judicial branch of state government created by the constitution or a statute of this state, including an eleemosynary institution; any university system and its components and any institution of higher education as defined by §61.003, Education Code, except a public junior college, not governed by a university system board; the Texas Municipal Retirement System and the Texas County and District Retirement System; and any public non-profit corporation created by the legislature whose responsibilities and authority are not limited to a geographical area less than that of the state.

  (16) State archivist--The person designated by the director and librarian to administer the state archives program under Government Code, §441.181.

  (17) State record--Any written, photographic, machine-readable, or other recorded information created or received by or on behalf of a state agency or an elected state official that documents activities in the conduct of state business or use of public resources. The term does not include library or museum material made or acquired and preserved solely for reference or exhibition purposes; an extra copy of recorded information preserved only for reference; a stock of publications or blank forms; or any records, correspondence, notes, memoranda, or other documents, other than a final written agreement described by §2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization.

  (18) State records administrator--The person designated by the director and librarian to administer the state records management program under Government Code, §441.182.

  (19) Texas State Records Retention Schedule--Figure 13 TAC §6.10(a) of this title (relating to Texas State Records Retention Schedule).

  (20) Texas State University Records Retention Schedule--Figure 13 TAC §6.10(b) of this title (relating to Texas State University Records Retention Schedule).

  (21) Vital state record--Any state record necessary to the resumption or continuation of state agency operations in an emergency or disaster; the re-creation of the legal and financial status of the agency; or the protection and fulfillment of obligations to the people of the state.

Source Note: The provisions of this §6.1 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective November 28, 1999, 24 TexReg 10320; amended to be effective August 30, 2020, 45 TexReg 5906

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