(a) After initial certification, a records retention
schedule must be submitted to the state records administrator for
recertification one year from the date of certification or recertification
for the first two recertification periods.
(b) After the second recertification, a records retention
schedule must be submitted for recertification every five years from
the date of the last recertification, except for the following situations.
(1) If a state agency with a certified schedule absorbs
another state agency, the records retention schedule must be submitted
for recertification within one year of the effective date of the reorganization,
and then will revert, when the schedule is recertified, to annual
or quinquennial certification depending on the certification status
of the absorbing agency under this section at the time of absorption.
(2) A state agency may choose to submit a complete
retention schedule for recertification at any time during a certification
period.
(c) If a state agency with a certified schedule absorbs
another state agency with a certified schedule, the records management
officer of the absorbing agency may use the certified schedule of
the absorbed agency as the basis for disposition of the records of
the absorbed agency until the records retention schedule of the absorbing
agency is recertified in accordance with this section.
(d) If a state agency with a certified schedule administers
another state agency with a certified schedule, the records management
officer of the administering agency may use the certified schedule
of the administratively attached agency as the basis for lawful disposition
of the records of the administratively attached agency until the records
retention schedule of the administering agency is recertified in accordance
with this section.
(e) A records retention schedule due for recertification
under this section must be submitted to the state records administrator
no later than one year from the end of the month in which the schedule
was certified or last recertified (or five years if the state agency
is due for quinquennial recertification).
(f) At the discretion of the state records administrator
and on petition from the records management officer of a state agency
that it will be impossible to comply fully with the requirements of
subsection (e) of this section, the state records administrator may
extend the deadline for submission of the records retention schedule
for up to 3 months from the end of the month the recertification of
the schedule was due. One or more additional extensions may be granted,
but in no case may the first extension and any additional extensions
be for a combined period of more than one year from the end of the
month the recertification was due.
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Source Note: The provisions of this §6.3 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective May 12, 2004, 29 TexReg 4468; amended to be effective June 1, 2005, 30 TexReg 1766; amended to be effective September 3, 2014, 39 TexReg 6432 |