The Attorney General of Texas
July 10, 1980
MARK WHITE
Attorney General
Honorable H. S. Harris, Jr. Opinion No. BW-211
Chairman
Texas Industrial Accident Board Re: Responsibilities of the Texas
200 East Riverside Drive State Library in storage of records
Austin, Texas 78704
Dear Mr. Harris:
You have requested our opinion regarding the duty of the Texas State
Library in the storage of records. Article 5441d, V.T.C.S., denominates the
Director of the Records Management Division of the Texas State Library &
Archives Commission as the “Records Preservation Office.” Sections 4, 5.
He is required to preserve certain “essential records,” among them:
(2)... Records to protect the rights and interests
of individuals, or to establish and affirm the powers
and &ties of government in the resumption of
operation after a disaster.
Section 7. The originating sgency has the responsibility for determining
which of its records shall be deemed “essential,” in accordance with the
statutory guidelines. Section 9. When such a designation has been made, the
Records Preservation Officer must store at least one copy of the record, or
its preservation duplicate, “in the safest possible location . . . [and1 in a
place other than the legally designated or customary record storage
location.” Section 12. If he chooses to preserve the records in the form of
preservation duplicates, he must comply with the requirements of section 10
of article 5441d
The statute, while clearly directing the Records Preservation Officer
to perform certain acts in the preservation and storage of records, does not
establish a deadline for earryirg out those instructions, so a reasonable time
period is contemplated.
P. 676
Honorable H. S. Harris, Jr. - Page Two (NW-211)
SUMMARY
Article 5441d, V.T.C.S., requires the Records Preservation
Officer described therein to store at least one copy or
“preservation duplicate” of any record determined to be
“essential” by the originating agency.
A=
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Susan Garrison
Rick Gilpin
Eva Loutzenhiser
Bruce Youngblood
p. 677