|(a) A state agency, if it does not have a certified schedule, must submit a records retention schedule to the state records administrator for initial certification within one year of the effective date of this section or within one year of the effective date of establishment of a new state agency, whichever later. (b) For the purposes of this section, a state agency is considered a new state agency or component if through legislative action subsequent to the adoption of this section, it: (1) is created to carry out a new function or activity; (2) is the product of a merger between two or more state agencies or components; (3) is a component or components separated from a state agency or agencies and designated as an independent state agency; or (4) becomes a state agency by amendment to the definition of a state agency in Government Code, §441.180. (c) At the discretion of the state records administrator and on petition from the records management officer that it will be impossible for the state agency to comply fully with the requirements of subsection (a) of this section, the state records administrator may extend the deadline for the filing of a records retention schedule for a period on which the state records administrator and the records management officer agree. 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 two years from the effective date of this section or of the establishment of a new agency. (d) At the discretion of the state records administrator and on petition from the records management officer, the state records administrator may permit the state agency to submit records retention schedules on a component by component basis for certification in lieu of a single submission. The petition must state the reason why the state agency believes this alternative method of submission is in the best interests of its records management program and must provide an estimated timetable for the submission of schedules for the other components of the state agency. Schedules submitted and certified under this alternative method may be combined by the state records administrator for the purposes of recertification under §6.3 of this title (relating to Submission of Records Retention Schedules for Recertification), with submission for recertification of the combined schedule due on the applicable anniversary date of the first schedule submitted and certified. (e) For the purposes of this section, a new state agency is considered established on the effective date the first agency head assumes the position of the elected or appointed chief executive and administrative officer of the state agency.
|Source Note: The provisions of this §6.2 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective June 12, 1995, 20 TexReg 3983; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective June 1, 2005, 30 TexReg 1766