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RULE §6.23General

(a) These sections apply to the microfilming of any state record that is to be maintained solely in microfilm format and to all microfilm which is created or maintained for the full retention period of the record as a backup or security copy of a state record. These sections do not apply to convenience film.

(b) Microfilming of records must be in compliance with an approved agency records retention schedule except, if an agency does not have an approved schedule, a microfilming needs assessment must be completed to determine if filming is justified.

(c) For microfilm maintained as roll film, no more than one records series is permitted on each roll of microfilm.

(d) For essential records that are microfilmed, there must be a security copy stored offsite.

(e) The originals of records or source documents that have been microfilmed may be destroyed prior to the expiration of their retention periods only if the microfilm complies with these sections and in accordance with the Government Code, §441.035.

(f) After the completion of the production tests and inspections required under §6.25 of this title (relating to Microfilm Production Tests and Inspections), original microfilm must not be unwound and used for any purpose except:

  (1) to produce duplicate copies of the film;

  (2) to carry out inspections under §6.27 of this title (relating to Inspection of Stored Original Microfilm);

  (3) to expunge records as required by §6.32 of this title (relating to Expungement); or

  (4) to destroy records as required by §6.33 of this title (relating to Destruction of Microfilmed Records).

(g) Microfilm produced for an agency is the property of the agency, and the agency head and the records administrator have the same responsibilities for ensuring the management and preservation of microfilmed records under the Government Code, Title 4, Subtitle D, as if the records were not microfilmed.

(h) If a service provider is used for the filming, processing, and/or storage of state records, a written agreement must be in place to provide access in compliance with local, state, and federal laws or delivery of the records as needed by the state agency and to allow inspections of the microfilm facilities by the agency head, records administrator, records custodian, or other authorized representative of the governing body of the agency.

(i) All microfilm produced before the effective date of these sections is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law.

Source Note: The provisions of this §6.23 adopted to be effective June 12, 1996, 21 TexReg 4989.

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