Sec. 441.095. DISPOSITION OF UNSCHEDULED RECORDS. (a) A custodian may dispose of a county record that is not listed on an approved records schedule and implementation plan if, not later than 60 days before the date that the record is destroyed, the custodian gives written notice of the intent to destroy the record to the director and librarian. The notice must sufficiently describe the record to enable the director and librarian to determine if the record has been assigned a minimum retention period.
(b) Not later than the 30th day after the date the director and librarian receives the notice, the director and librarian shall:
(1) notify the custodian of the approval or disapproval of the intended disposition;
(2) request any additional information required by the director and librarian to evaluate the record; or
(3) request that the record or a part of the record be transferred to the Texas State Library for preservation in a regional historical resource depository.
(c) The custodian shall comply with the request or notice of the director and librarian or withdraw the notice of intent to destroy the record.
(d) Not later than the 10th day before the date a record is destroyed, the custodian shall file and record a notice with the county clerk. The notice must indicate the record to be destroyed, how it is to be destroyed, and the date of its destruction. On the day the notice is filed, the county clerk shall post a copy of it in the same manner that a notice of a meeting is posted under Chapter 551.
(e) The custodian may destroy the record at any time after the director and librarian has approved the destruction and the notice required by Subsection (d) has been posted for 10 days by the county clerk.
(f) A county record may be destroyed only by sale or donation for recycling purposes, shredding, burning, burial in a landfill, or pulping.
(g) A person is not civilly liable for destruction of a record in accordance with this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 123, Sec. 4, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(79), eff. Sept. 1, 1995.
Last modified: September 28, 2016