Within this policy:
- “record” means any written photographic, machine-readable, or other recorded information created, or received, by, or on behalf, of TSBVI that documents activities in the conduct of state business, or use of public resources. The term does not include library, or museum, material made, or acquired and maintained solely for reference, or exhibition purposes; an extra copy of recorded information maintained only for reference; or a stock of publications, or blank forms. (See Policy FL for additional information on student records).
- “confidential state record” means any state record to which public access is, or may be restricted, or denied under Texas Government Code Chapter 552, or other state, or federal, law.
- “vital state record” means any record necessary to the resumption, or continuation, of state agency operations in an emergency, or disaster; the recreation of the legal and financial status of the agency; or the protection and fulfillment of obligations to the people of Texas.
Gov’t Code 441.180(4), (11), (13)
The Superintendent shall have the following responsibilities related to TSBVI records:
- Establish and maintain a records management program on a continuing and active basis.
- Create and maintain records containing adequate and proper documentation of TSBVI’s organization, functions, policies, decisions, procedures, and essential transactions of TSBVI designed to furnish information to protect the financial and legal rights of the state, and any person affected by the activities of TSBVI.
- Make certain that all TSBVI records are passed to the Superintendent’s successor.
- Identify and take adequate steps to protect confidential and vital state agency records.
- Cooperate with the Texas State Library and Archives Commission (TSLAC) in the conduct of State Agency Records Management Surveys; and
- Cooperate with the Texas State Library and Archives Commission, the chief executive and administrative officer of TSLAC and any designees of thereof, in fulfilling their responsibilities under Chapter 441, Subchapter L of the Texas Government Code.
Gov’t Code 441.183
RECORDS MANAGEMENT OFFICER
The Superintendent designates the Director of the Center for School Resources as the TSBVI Records Management Officer who shall perform the following duties:
- Administer the TSBVI records management program.
- Assist the Superintendent in fulfilling all of the Superintendent’s duties under rules adopted pursuant to Chapter 441, Subchapter L of the Texas Government Code.
- Disseminate to TSBVI employees’ information concerning state laws, administrative rules, and TSBVI policies and procedures relating to the management of state agency records.
- Fulfill all duties required of records management officers under Chapter 441, Subchapter L of the Texas Government Code, including submission of a records retention schedule to TSLAC’s administrator.
The Director of the Center for School Resources shall continue to serve in that capacity until he/she ceases employment with TSBVI; the Superintendent chooses to act as the records management officer for TSBVI, or the Superintendent appoints another person as the records management officer. The records management officer shall file his or her name with the Texas State Library and Archives Commission (TSLAC) within 30 days of assuming the position.
Gov’t Code 441.184
DEPARTMENTAL RECORDS CUSTODIANS
The following TSBVI administrators shall serve as Departmental Records Custodians for the records in their respective departments:
- Chief Financial Officer
- Planning & Evaluation Director
- Outreach Director
- Information Resources Director
- Center for School Resources Director
- Health Center Director
- Human Resources Director
- General Counsel
The Departmental Records Custodians shall:
- Cooperate with the Records Management Officer in carrying out this policy and any procedures implementing this policy; and
- Maintain the records in their care and carry out the preservation, microfilming, electronic reproduction, destruction, or other disposition of the records in accordance with this policy and any procedures implementing this policy.
MICROFILMING AND ELECTRONIC RECORDS
The Records Management officer may designate photographic reproductions and electronically produced copies of any TSBVI records as an original record for all legal purposes. Electronic records used for official TSBVI business are state records and must comply with records management requirements. Gov’t Code 441.188-189
Anyone who knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any bankruptcy case, or in relation to or contemplation of any such matter or case, shall be fined, imprisoned not more than 20 years, or both.
18 U.S.C. 1519
STATE CRIMINAL OFFENSES
Tampering with Government Record
A person commits an offense if he or she:
- Knowingly makes a false entry in, or false alteration of, a government record;
- Makes, presents or uses any record, document or thing with knowledge of its falsity and with intent that it be taken as a genuine government record;
- Intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility or availability of a government record;
- Possess, sells or offers to sell a government record or blank government record form with intent that it be used unlawfully;
- Makes, presents or uses a government record with knowledge of its falsity; or
- Possesses, sells, or offers to sell a government record or a blank government record form with knowledge that it was obtained unlawfully.
It is an exception to item 3 above that the government record is destroyed pursuant to legal authorization or transferred under Government Code 441.204. Penal Code 37.10
PRESERVATION OF RECORDS
The Board hereby determines that information that is not currently in use will be preserved in accord with the TSBVI records retention schedule submitted to and approved by the Texas State Library and Archives Commission, subject to any applicable rule or law governing the destruction and other disposition of public information and recertification requirements. Student records shall be preserved in accord with applicable laws, regulations and policy (See Policy FL). The School may determine to keep certain records in perpetuity. Gov’t Code 552.004
The Board shall preserve the certified agenda or tape recording of a closed meeting for at least two years after the date of the meeting. If an action involving the meeting is brought within that period, the certified agenda or tape recording shall be preserved while the action is pending. Gov’t Code 551.104(a)
Records Retention Schedules
The TSLAC state records administrator and the state archivist shall review the submitted schedule by TSBVI and recommend the schedule’s approval or disapproval to the TSLAC Director, librarian, and the state auditor. Records that must be retained are:
- All contracts entered into by TSBVI and all related contract solicitation documents for seven years from the contract’s expiration or in the case of litigation, dispute, audit, open records request, or other action involving the contract documents are resolved.
- Contract solicitation documents that are electronic must be retained in the document’s electronic form. This includes electronic communications such as emails, spreadsheets, presentations or business productivity applications.
Gov’t Code 441.186
A state record may be destroyed by TSBVI:
- When the record’s retention period has expired;
- If a records destruction request is submitted to TSLAC records administrator and approved; or
- If the record is exempted from being listed on a records destruction request under TSLAC rules.
A state record must not be destroyed if any litigation, claim, negotiation, audit, public information request, administrative review or other action involving the record is initiated before the expiration of a retention period for the record.
Gov’t Code 441.187
Right of Recovery
TSBVI may demand the return of any state record in the private possession of a person if the removal of the state record from the School was not authorized by law. The TSLAC director and librarian may demand the return of any state record or archival state record in the private possession of any person. Enforcement actions may be filed by the Texas Attorney General in Travis County district court with court costs and attorney’s fees being awarded against person in wrongful possession.
Gov’t Code 441.192
Amended: 1/14/97, 1/23/98, 5/28/03, 3/23/07, 11/16/07, 11/20/15, 8/9/19, 8/7/20