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<br />{b) If the person 1n possession of a local government record refuses to deliver the record on demand, the
<br />governing body may petition the district court of the county in which the person resides for the return of the
<br />record. if the court finds that the record is a local government record, the court shall order the return of the record.
<br />(c) As part of the petition to the district court or at any time after its filing, the governing body may petition
<br />to have the record seized pending the detennination of the court if the governing body finds the record is in danger ,
<br />of being destroyed, mutilated, altered, secreted, or removed from the state.
<br />(d) The director and librarian may demand and receive from any person any local government record of
<br />permanent value in private possession.
<br />(e) If the person in possession of the local government record of permanent value refuses to deli ver the record
<br />on demand, the director and librarian may ask the attorney general to petition for the recovery of the record as
<br />provided by this section. As part of the petition or at any time after its filin~ the attorney general may petition
<br />to have the record seized pending thedetennination of the court if the governing body finds the record is in danger
<br />of being destroyed, mutilated, altered, secreted, or removed from the state.
<br />(0 A local government record recovered as the result of a petition by the attorney general shall be transferred
<br />to the custody of the commission or, at the discretion of the director and librarian, be returned to the local
<br />government that originally had custody of the record.
<br />(g) If a local government refuses to deliver custody of a record to the commission as provided by Section
<br />201.007,201.008, or 203.050, the director and librarian may ask the attorney general to petition for recovery of the
<br />record. if the court determines that the director and librarian has acted in accordancewithS€ction 20UXJ7, 201.008,
<br />or 203.050, as applicable, and with regard to Section 203.050, the courl finds that the survival of the record is
<br />imperiled, the court shall order the record to be transferred to the custody of the commission.
<br />(h) If a governing body petitions a court for the recovery of a record under Subsection (b) and prevails or if
<br />the attorney general petitions a court for the recovery of a record under Subsection (e) or (g) and prevails, the court
<br />shall award attorneYs fee; and court costs to the prevailing party.
<br />§ 202.006. DESTRUCTION OF NONRECORD MATERIAL. (a) Material that is not included in the definition of
<br />a local government record and is described by Section 201.003(8)(A), (B), or (0 may b"'e disposed of at the discretion
<br />, ?f the custodian or the creator ofthe ,document, as applicable, SU?ject to any policies dèvelop€d in each local
<br />government or elective county office regarding the destruction.
<br />(b) Ex~ra: identical copies of a ¡-ocal government record to which public access is restricted under Chapter 42~,
<br />Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17 a, Y ernon' s Texas Civil Statutes), or otherstate
<br />law may be destroy€d only by burnin~ pulpin~ or shredding.
<br />§ 202.007. PERSONAL LIABIUIY. A custodian of local government records, records management officer, or
<br />other officer or employee of a local government may not be held personally liable for the destruction of a local
<br />government record if the destruction is in compliance with this subtitle and rules adopt€d under it.
<br />§ 202.008. PENALTY: DESTRUCTION OR ALIENATION OF RECORD. An officer or employee of a local
<br />government commits an offense if the officer or employee knowingly or intentionally violates this subtitle or rules
<br />adopt€d under it by destroying or alienating a local government record in contravention of this subtitle or by
<br />intentionally failing to deliver records to a successor in office as provid€d by Sedion 201.oo6(a). An offense under
<br />this section is a Class A misdemeanor.
<br />§ 202.009. PENALTY: POSSESSION OF RECORD BY PRlV ATE ENTITY. (a) A private co~lege or university,
<br />a private museum or library, a private organization of any other type, or an individual commits an offense if the
<br />entity knowingly or intentionally acquires or possesses a local government record. An offense under this
<br />subsection is a Class A misdemeanor.
<br />(b) It is a defense to prosecution under this section that a private college, university, museum, or library, by
<br />agreement with the commission under Subchapter J, Chapter 441, Government Code, provides physical housing
<br />for a local government record the title to which has been vest€d in the commission.
<br /> Local Government Records Act I 9 I
<br /> Stipp!. p. 7-20.7
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