13 Tex. Admin. Code § 6.2 - Submission of Records Retention Schedules for Certification
(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.
Notes
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