<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 13CULTURAL RESOURCES
PART 1TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 6STATE RECORDS
SUBCHAPTER ARECORDS RETENTION SCHEDULING
RULE §6.3Submission of Records Retention Schedules for Recertification

(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.


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

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page