13 Tex. Admin. Code § 7.23 - General

(a) These sections apply to the microfilming of any local government 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 local government record. These sections do not apply to convenience film.

(b) Microfilming of records must be in compliance with an approved records control schedule except, if a local government 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 Local Government Code, §§ 204.007 - 204.008.

(f) After the completion of the production tests and inspections required under § 7.25 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 § 7.27 of this title (relating to Inspection of Stored Original Microfilm);

(3) to expunge records as required by § 7.32 of this title (relating to Expungement); or

(4) to destroy records as required by § 7.33 of this title (relating to Destruction of Microfilmed Records).

(g) Microfilm produced for a local government is the property of the local government, and the local government and its records management officer have the same responsibilities for ensuring the management and preservation of microfilmed records under the Local Government Code, Title 6, Subtitle C, as if the records were not microfilmed.

(h) If a service provider is used for the filming, processing, and/or storage of local 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 local government and to allow inspections of the microfilm facilities by the records management officer, records custodian, or other authorized representative of the governing body of the local government.

(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 or the provisions of Local Government Code, Chapter 204, and the rules adopted under it.

Notes

13 Tex. Admin. Code § 7.23

The provisions of this §7.23 adopted to be effective June 12, 1996, 21 TexReg 4990.