|(a) A state agency must establish policies and procedures to:
(1) ensure that an electronic state record and any software,
hardware, and/or documentation, including maintenance documentation, required
to retrieve and read the electronic state record are retained as long as the
approved retention period for the record; or
(2) provide for recopying, reformatting, and other necessary
maintenance to ensure the availability and usability of an electronic state
record until the expiration of its retention period.
(b) Except as provided in subsection (c), a state agency's
records retention schedule submitted for certification or recertification
after the effective date of these sections must schedule by record series
all electronic state records maintained by the agency, in accordance with
the Government Code, §441.185, and Chapter 6, Subchapter A of this title
(relating to Records Retention Schedule).
(c) An electronic state record must be individually accessible.
System tapes used for data backup or disaster recovery, unless indexed for
accessibility, must not be used to satisfy records retention requirements.
(d) A state agency's electronic mail system, already in use
on the effective date of these sections, should meet the minimum requirements
in subsection (e) of this section to the extent possible.
(e) Any electronic mail system developed or acquired by a state
agency, after the effective date of these sections, must meet the following
(1) Some transmission data (name of sender and addressee(s);
date/time the message was sent) must be retained for each electronic mail
record, except for mailing list services that do not identify the addressees.
(2) A state agency must determine if any other transmission
data is needed to maintain the integrity of the electronic mail record.
(3) A state agency that uses an electronic mail system that
identifies users by codes or nicknames or identifies addressees only by the
name of a distribution list must instruct staff on how to retain names on
directories or distribution lists to ensure identification of the sender and
addressees of messages.
(4) A state agency having an electronic mail system that allows
users to request confirmation that a message has been received or opened must
establish guidelines for the appropriate retention of this information.
(5) A state agency must provide for the organization of electronic
mail records according to the agency's approved records retention schedule.