Res 1995-043 - Laserfiche WebLink

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;;'oe~ goveT11ing bodies at the '="/0 local govemments shall determine in which local govemment c:ustod y of the records of the office shall be vested. § 201.007. RECORDS OF ABOLISH"'""iD LOCAL GOVERm1E~'TS, (a) If a local government is abolished or declared void pursuant to state law, the records of the local government shall be dealt with according to this section. (b) After the settlement of the outstanding indebtedness of an abolished municipality and the satisfaction of the other applicable requirements of Chapter 62, Local Govemment Code, the municipality's governing bod y at the time the municipality is abolished, or the receiver or trustees if appointed by a court, shall transfer the records of the municipality to the custody of the comnùssion. A record of an abolished municipality may not be sold to satisfy an outstanding indebtedness. (d After the S€ttlement of the outstanding indebtedness of an abolished special-purpose district or authority, other than a school district, and the satisfaction of the other applicable requirements of state law establishing or permitting the establishment of the district or authority or governing its abolition, the district's governing body at the time the district is abolished shall transfer the records of the district to the custody of the commission. A record of an abolished special-purpose district or authority may not be sold to satisfy an outstanding indebted- ness. (d) As an e.xception to Subsections (b) and (c), if some or all of the functions of an abolished municipality or special-purpose district or authority, other than a school district, are assumed by another local government, the records of the abolished local government relating to the assumed functions shall be transferred to the app ropriate offices of the local govemment assuming the functions. (e) The records ot'annexed, consolidated, or abolished school districts shall be transferred as provided by this subsection. The records of an annexed school district shall be transferred to the custody of the goveming body of the school district to which the abolished school district has been annexed. The records of each of two or more school districts that have been consolidated shall be transferred to the custody of the governing body of the consolidated school district. The records of an abolished school district whose entire territory is annexed to ånother school district shall be transferred to the custody of the governing body~ of that school district. The ,c~mnússioner of education shall determine to.. which governing body custody of the records of an abolished ,;:;chool district shall be transferred in those instances in which the territory of the abblished'district is divided among two, or more school districts. . (0 The cost of transfer of records to the commission under this section shall be paid for out of funds o( the comnússion. (g) The retention and disposition of local government records transferred to the custody of the commission under this section shall be based, as far as is practicable, on records retention schedules issued by the commission. § 201.008. RECORDS OF ABOLISHED OFFICES OF COUNTY SUPERINTENDENTS OF SCHOOLS. (a) Regardless of the provisions of Section 17.97, Education Code, all records of an office of county superintend ent 0 f schoo Is or county superintendent of education abolished under Section 17.95, Education Code, before September I, 1989, that are still in the possession of a custodian of county records or a county officer shall be transferred to the custody of the commission by order of the director and librarian. (b) The director and librarian shall determine the time and manner of the transfer of the records on a county- by-county basis. The cost of the transfer shall be paid for out of funds of the comnússion. (d The county judge of a county in which a custodian of county records has possession of the records of an abolished office of the county superintendent of schools may petition the director and librarian tp allow the county to retain all or part of the records and the director and librarian may grant the petition. § 201.009. ACCESS TO RECORDS. (a) Local government records are subject to Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes). (b) Any local govemment record to which public access is denied under Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), is, if still in existence, open to public inspection 75 years after it was originally created or received. However, a birth record maintained by a local registrar is, if still in existence, open to public inspection 100 years after it was originally created or received and a death record maintained by a local registrar is, if still in existence, open to public inspection 55 years after Local Government Records Act I 7 ì Stipp!. p. 7-20.5