13 Tex. Admin. Code § 6.23 - General
(a) These sections apply to the microfilming
of any state record that is to be maintained solely in microfilm format and to
all microfilm which is created or maintained for the full retention period of
the record as a backup or security copy of a state record. These sections do
not apply to convenience film.
(b)
Microfilming of records must be in compliance with an approved agency records
retention schedule except, if an agency does not have an approved schedule, a
microfilming needs assessment must be completed to determine if filming is
justified.
(c) For microfilm
maintained as roll film, no more than one records series is permitted on each
roll of microfilm.
(d) For
essential records that are microfilmed, there must be a security copy stored
offsite.
(e) The originals of
records or source documents that have been microfilmed may be destroyed prior
to the expiration of their retention periods only if the microfilm complies
with these sections and in accordance with the Government Code, §
441.035.
(f) After the completion
of the production tests and inspections required under §
6.25 of this title (relating to
Microfilm Production Tests and Inspections), original microfilm must not be
unwound and used for any purpose except:
(1)
to produce duplicate copies of the film;
(2) to carry out inspections under §
6.27 of this title (relating to
Inspection of Stored Original Microfilm);
(3) to expunge records as required by §
6.32 of this title (relating to
Expungement); or
(4) to destroy
records as required by §
6.33 of this title (relating to
Destruction of Microfilmed Records).
(g) Microfilm produced for an agency is the
property of the agency, and the agency head and the records administrator have
the same responsibilities for ensuring the management and preservation of
microfilmed records under the Government Code, Title 4, Subtitle D, as if the
records were not microfilmed.
(h)
If a service provider is used for the filming, processing, and/or storage of
state records, a written agreement must be in place to provide access in
compliance with local, state, and federal laws or delivery of the records as
needed by the state agency and to allow inspections of the microfilm facilities
by the agency head, records administrator, records custodian, or other
authorized representative of the governing body of the agency.
(i) All microfilm produced before the
effective date of these sections is validated to the extent the microfilm was
produced in the manner and according to the standards prescribed by prior
law.
Notes
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