TITLE 13. CULTURAL RESOURCES
PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 6. STATE RECORDS
SUBCHAPTER
A.
The Texas State Library and Archives Commission (commission) proposes the repeal of Texas Administrative Code, Title 13, Part 1, Chapter 6, Subchapter A, §6.9, Notification by State Records Administrator.
BACKGROUND. The commission recently concluded its quadrennial review of Chapter 6 as required by Government Code, §2001.039. This statute requires state agencies to "review and consider for readoption each of its rules . . . not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date." Gov't Code §2001.039(b). The statute further requires state agencies to "readopt, readopt with amendments, or repeal a rule as a result of reviewing the rule under this section." Gov't Code §2001.039(c). After reviewing the chapter, the commission determined that, in general, the reasons for initially adopting the rules continue to exist. However, the commission identified one section that is no longer necessary and proposes to repeal that section. The commission also identified one section that would be more appropriately placed in a different subchapter with no changes to the text of the rule or section number.
The commission proposes the repeal of §6.9, Notification by State Records Administrator, because the rule is outdated, unnecessary, and does not implement, interpret, or prescribe law or policy or describe a commission procedure or practice requirement. In compliance with Government Code, §441.182, the commission's State and Local Records Management Division regularly corresponds with and assists state agencies regarding their responsibilities under §6.2 (relating to Submission of Records Retention Schedules for Certification) and §6.3 (relating to Submission of Records Retention Schedules for Recertification).
During the rule review, the commission also determined that the current placement of §6.122, Records Storage Services Fee Schedule, in Subchapter E, Records Center Storage Services Fee Schedules, could be confusing, as the commission's other rule related to fee schedules (§6.121, Micrographics Services Fee Schedule) is placed within Subchapter D, Fee Schedules. The commission finds that moving §6.122 into Subchapter D with the commission's other fee schedule rule and eliminating Subchapter E will result in a more logical placement of the rule. This change will be made on adoption of the proposed repeal of §6.9.
FISCAL IMPACT. Craig Kelso, Director, State and Local Records Management Division, has determined that for each of the first five years the proposed repeal is in effect, there will not be a fiscal impact on state or local government.
PUBLIC BENEFIT AND COSTS. Mr. Kelso has determined that for the first five-year period the repeal is in effect, the public benefit will be efficiency and clarity in the commission's rules by elimination of an unnecessary regulation.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The rule as proposed for repeal does not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Government Code, §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the rule as proposed for repeal will be in effect, the commission has determined the following:
1. The proposed repeal will not create or eliminate a government program;
2. Implementation of the rule as proposed for repeal will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the rule as proposed for repeal will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposal will not require an increase or decrease in fees paid to the commission;
5. The proposal will not create new regulations;
6. The proposal will repeal an existing regulation;
7. The proposal will not increase the number of individuals subject to the rule's applicability; and
8. The proposal will not positively or adversely affect the state's economy.
TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action. Therefore, the proposed repeal does not constitute a taking under Government Code, §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
STATUTORY AUTHORITY. The repeal is proposed under Government Code, §441.199, which authorizes the commission to adopt rules it determines necessary for cost reduction and efficiency of recordkeeping by state agencies and for the state's management and preservation of records; Government Code, §441.190, which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records; and §441.182, which authorizes the commission to recover costs through the assessment of fees for operating the state records center for the economical and efficient storage, accessibility, protection, and final disposition of inactive and vital state records and performing micrographic and other imaging services for the protection, accessibility, and preservation of state records.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.
§
6.9.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 4, 2025.
TRD-202502751
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 463-5460
CHAPTER 7. LOCAL RECORDS
SUBCHAPTER
D.
The Texas State Library and Archives Commission (commission) proposes the repeal of Texas Administrative Code, Title 13, Part 1, Chapter 7, Subchapter D, §7.125, Records Retention Schedules.
BACKGROUND. Section 441.158 of the Government Code requires the director and librarian, under the direction of the commission, to prepare records retention schedules for each type of local government, including a schedule for records common to all types of local government. The statute further requires the commission to adopt the schedules by rule. Each schedule must (1) list the various types of records of the applicable local government, (2) state the retention period prescribed by a federal or state law, rule of court, or regulation for records for which a period is prescribed, and (3) prescribe retention periods for all other records, which periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of the commission.
The commission first adopted §7.125 in 1992. This one section includes full images of 12 unique records retention schedules applicable to each type of local government: Public Works and Other Government Services, County Clerks, District Clerks, Public Safety Agencies, Public School Districts, Public Junior Colleges, Justice and Municipal Courts, Property Taxation, Elections and Voter Registration, Public Health Agencies, and Utility Services. The rule also includes a schedule for records common to all local governments. The schedules have been updated over time as changes in laws, rules, or regulations have occurred, as well as in response to changes in the types of records maintained by local governments. The schedules have also been updated over time to simplify the language, consolidate records series when appropriate, and to make the schedules easier to use.
The commission finds it necessary to update and improve each of the records retention schedules to ensure each records series is correct and current with the most appropriate legal citation(s) and to clarify and simplify language where possible. Because all 12 schedules are currently contained within one section of the Administrative Code, reviewing and updating individual schedules is challenging, as amendments to a rule may not be proposed until any previously adopted amendments are effective. Therefore, the commission proposes to repeal existing §7.125 and propose each schedule as its own rule. Not only will this action improve the commission's ability to update and maintain the schedules; it will also improve users' ability to find what they need. These new proposed sections are also published in this same issue of the Texas Register.
FISCAL IMPACT. Craig Kelso, Director, State and Local Records Management Division, has determined that for each of the first five years the proposed repeal is in effect, there will not be a fiscal impact on state or local government.
PUBLIC BENEFIT AND COSTS. Mr. Kelso has determined that for the first five-year period the repeal is in effect, the public benefit will be efficiency and ease of use, as specific local government records retention schedules will be easier to find. Additionally, once the schedules are adopted as individual rules, the commission will be able to update and improve each schedule more efficiently, leading to more accurate and up-to-date schedules.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The rule as proposed for repeal does not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Government Code, §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the rule as proposed for repeal will be in effect, the commission has determined the following:
1. The proposed repeal will not create or eliminate a government program;
2. Implementation of the rule as proposed for repeal will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the rule as proposed for repeal will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposal will not require an increase or decrease in fees paid to the commission;
5. The proposal will not create new regulations;
6. The proposal will repeal an existing regulation;
7. The proposal will not increase the number of individuals subject to the rule's applicability; and
8. The proposal will not positively or adversely affect the state's economy.
TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action. Therefore, the proposed repeal does not constitute a taking under Government Code, §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
STATUTORY AUTHORITY. The repeal is proposed under Government Code, §441.158, which requires the director and librarian, under the direction of the commission, to prepare records retention schedules for each type of local government, including a schedule for records common to all types of local government, and to adopt the schedules by rule.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441; Local Government Code, Chapter 203.
§7.125.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 4, 2025.
TRD-202502749
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 463-5460
13 TAC §§7.126 - 7.137
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figures in 13 TAC §§7.126 - 7.137 are not included in the print version of the Texas Register. The figures are available in the on-line version of the August 22, 2025, issue of the Texas Register.)
The Texas State Library and Archives Commission (commission) proposes the following new sections to Texas Administrative Code, Title 13, Part 1, Chapter 7, Subchapter D: §7.126, Local Schedule GR, Records Common to All Local Governments; §7.127, Local Schedule PW: Records of Public Works and Other Government Services; §7.128, Local Schedule CC: Records of County Clerks; §7.129, Local Schedule DC: Records of District Clerks; §7.130, Local Schedule PS: Records of Public Safety Agencies; §7.131, Local Schedule SD: Records of Public School Districts; §7.132, Local Schedule JC: Records of Public Junior Colleges; §7.133, Local Schedule LC: Records of Justice and Municipal Courts; §7.134, Local Schedule TX: Records of Property Taxation; §7.135, Local Schedule EL: Records of Elections and Voter Registration; §7.136, Local Schedule HR: Records of Public Health Agencies; and §7.137, Local Schedule UT: Records of Utility Services.
BACKGROUND. Section 441.158 of the Government Code requires the director and librarian, under the direction of the commission, to prepare records retention schedules for each type of local government, including a schedule for records common to all types of local government. The statute further requires the commission to adopt the schedules by rule. Each schedule must (1) list the various types of records of the applicable local government, (2) state the retention period prescribed by a federal or state law, rule of court, or regulation for records for which a period is prescribed, and (3) prescribe retention periods for all other records, which periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of the commission.
The commission finds it necessary to update and improve each of the records retention schedules to ensure each records series is correct and current with the most appropriate legal citation(s) and to clarify and simplify language where possible. All of the local government records retention schedules are currently contained within one single section of the Texas Administrative Code. When printed, this section exceeds 475 pages. Reviewing and updating individual schedules is challenging, even when the changes impact only one type of local government records retention schedule, as amendments to a rule may not be proposed until any previously adopted amendments are effective. To ultimately make the process for reviewing and updating the schedules more efficient and to simplify the commission's rules for better usability by local governments, the commission now proposes each individual schedule as an administrative rule without changes to any of the rule text at this time. Not only will this action improve the commission's ability to update and maintain the schedules; it will also improve users' ability to find the information they need. The commission is also simultaneously proposing the repeal of §7.125, Records Retention Schedules, which is the single section that currently includes all 12 records retention schedules. This proposal may be found in this same issue of the Texas Register.
FISCAL IMPACT. Craig Kelso, Director, State and Local Records Management Division, has determined that for each of the first five years the proposed new sections are in effect, there will not be a fiscal impact on state or local government.
PUBLIC BENEFIT AND COSTS. Mr. Kelso has determined that for the first five-year period the proposed new sections are in effect, the public benefit will be efficiency and ease of use, as specific local government records retention schedules will be easier to find. Additionally, once the schedules are adopted as individual rules, the commission will be able to update and improve each schedule more efficiently.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The rules as proposed do not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Government Code, §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the rules as proposed will be in effect, the commission has determined the following:
1. The proposed rules will not create or eliminate a government program;
2. Implementation of the rules as proposed will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the rules as proposed will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposal will not require an increase or decrease in fees paid to the commission;
5. The proposal will create new regulations, but none of the regulations are new requirements. Each of the proposed new regulations currently exists within one single, yet cumbersome, section;
6. The proposal will not repeal an existing regulation;
7. The proposal will not increase the number of individuals subject to the rule's applicability; and
8. The proposal will not positively or adversely affect the state's economy.
TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action. Therefore, the proposed new sections do not constitute a taking under Government Code, §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed new sections may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
STATUTORY AUTHORITY. The new sections are proposed under Government Code, §441.158, which requires the director and librarian, under the direction of the commission, to prepare records retention schedules for each type of local government, including a schedule for records common to all types of local government, and to adopt the schedules by rule.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441; Local Government Code, Chapter 203.
§7.126.
Local Schedule GR: Records Common to All Local Governments.
§7.127.
Local Schedule PW: Records of Public Works and Other Government Services.
§7.128.
Local Schedule CC: Records of County Clerks.
§7.129.
Local Schedule DC: Records of District Clerks.
§7.130.
Local Schedule PS: Records of Public Safety Agencies.
§7.131.
Local Schedule SD: Records of Public School Districts.
§7.132.
Local Schedule JC: Records of Public Junior Colleges.
§7.133.
Local Schedule LC: Records of Justice and Municipal Courts.
§7.134.
Local Schedule TX: Records of Property Taxation.
§7.135.
Local Schedule EL: Records of Elections and Voter Registration.
§7.136.
Local Schedule HR: Records of Public Health Agencies.
§7.137.
Local Schedule UT: Records of Utility Services.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 4, 2025.
TRD-202502750
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: September 21, 2025
For further information, please call: (512) 463-5460