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Report from the General Counsel

December 18, 2012 by Julie Anderson

Commission Publishes Rules for Local Records Storage

The Texas State Library and Archives Commission (the Commission) posted new rules for the storage of local government records in the Nov. 2, 2012, issue of the Texas Register.  These rules are required by Section

Jim Allison
Association General Counsel, Jim Allison

441.026, Government Code, and Section 203.048, Local Government Code.

An earlier proposed version of the rules received critical comments from clerks and commissioners court members and was withdrawn.  After forming a task force that included representatives from the County Judges and Commissioners Association of Texas, Texas Association of Counties, Texas Conference of Urban Counties, County and District Clerks Association of Texas, and others, the new rules were developed to protect our important historic records without placing an unreasonable financial burden on local governments.

The revised version has been divided into two sections:  1) minimum storage conditions, and 2) enhanced storage conditions.  The minimum storage conditions are very basic and require that records be stored in a manner that offers some protection from fire, water, steam, structural collapse, unauthorized access, theft, and similar hazards.  Records should not be exposed to direct sunlight or stored in contact with the floor, and records in any new buildings shall be protected by an operational fire detection system or in compliance with local fire codes and at least five feet above the 100-year flood plain.

As resources permit, counties should strive to store records under recommended enhanced storage conditions, but these conditions are not mandated.  The recommended enhanced conditions include:

  1. an operational fire detection system;
  2. an operational fire suppression system;
  3. adequate environmental controls;
  4. a pest management program;
  5. appropriate shelving; and other similar upgrades.

The new minimum standards and recommendations will take effect two years after adoption of the rules.

The Commission, its staff, and the task force deserve our commendation for responding to the comments and suggestions from county officials.  The minimum storage conditions can be accomplished within present budgetary restraints. The enhanced storage condition recommendations provide a guide for greater protection if the commissioners court has resources available from records management fees or other sources.  The Commission staff has pledged to provide technical assistance to counties to meet these goals.

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

 

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

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