Res 1995-043 - Laserfiche WebLink

Home Browse Search

:)oCr <.O} 'The fenewing records may be destroyed without meeting the conditions of (a): (1) records the destruction or obliteration of which is directed by an expunction order issued by a district court pursuant to state law; and (2) records defined as exempt from scheduling or filing requirements by rules adopted by the Texas State Library or listed as exempt in a records retention schedule issued by the Texas State Library. Sec. 4.03. l\-Iethod of Destruction. (Local Government Code. Ch. 202. S202.002) (a) A record may be destroyed by burning, shredding, pulping, or burial in a landfill or by sale or donation for recycling purposes except as provided by Subsection (b). - ¡ (b) Records to which public access is restricted under The Texas Open Records Act, ! or other state law may be destroyed only by burning, pulping, or shredding. (c) Established procedures will be necessary for the city to sell or donate records for recycling purposes ensuring that the records are rendered unrecognizable as city records by the recycler. (d) The director and librarian of the Texas State Library and Archives Commission may approve other methods of destruction that render the records unrecogruzable as local government records. Sec. 4.04. Alienation of Records Prohibited. (Local Government Code. Ch. 202. S202.004) (a) A record may not be sold or donated (except for the purposes of recycling), loaned, transferred, or otherwise passed out of the custody of the city to any private college or university, private museum or library, private organization of any type, or án individual, except -. with the consent of the Texas State Library and Ar.<;ruves ComnÜssion and at the expiration of its retention.period under the city's records control schedule. . . (b) Section (a) does not apply to city records that are temporarily transferred to a person for the purposes of microfilming, duplication, conversion to electronic media, restoration, or similar records management and preservation procedures if the transfer is authorized by the records management officer. Sec 4.05. Ri2ht of Recovery. (Local Government Code: Ch. 202. S202.005) (a) The governing body of the city may demand and receive from any person any city record in private possession created or received by the city government and the removal of which was not authorized by law. (b) If the person in possession of the record refuses to deliver the record on demand, the governing body of the city may pursue legal action as provided by Section 202.005 of the Local Government Records Act. 6