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TITLE 13CULTURAL RESOURCES
PART 1TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 6STATE RECORDS
SUBCHAPTER CSTANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS
RULE §6.94Retention of Electronic State Records

(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 requirements.

  (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.


Source Note: The provisions of this §6.94 adopted to be effective December 6, 2000, 25 TexReg 11935

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