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Texas County Progress

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From the General Counsel

February 3, 2012 by Julie Anderson

Records Storage Rule Rescinded

          After receiving comments from county officials and hearing testimony

Jim Allison
Association General Counsel, Jim Allison

from the County Judges and Commissioners Association of Texas and the County and District Clerks Association, the Texas Library and Archives

Commission (the Commission) voted to rescind its proposed rules on the storage of local government records, including the controversial rule on temperature and humidity-controlled environment.  Instead, the Commission instructed its staff to work with the interested parties to develop a collaborative proposal to address the need to preserve historic records and the means to fund these costs.  The tentative schedule includes a further review by the Commission in October 2012.

While this action removes the immediate threat of an additional unfunded mandate for this purpose, the Commission is required by House Bill 1559 to address this retention, storage, and destruction of court documents produced before Jan. 1, 1951.  Additionally, Section 203.048, Local Government Code, provides that the Commission shall adopt rules establishing standards for the proper care and storage of local government records of permanent value.  While we work with the Commission to devise practical methods to preserve these records, we need to remind the Legislature to address this unfunded mandate.

For more information, please call me at 1-800-733-0699.

Filed Under: From the General Counsel Tagged With: Jim Allison

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