Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 28

For text of section as added by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 1, see other Sec. 324.0085.

Sec. 324.0085. LEGISLATIVE RECORDS. (a) In this section:

(1) "Commission," "records management officer," and "state records administrator" have the meanings assigned by Section 441.180.

(2) "Director and librarian of the commission" means the chief executive and administrative officer of the Texas State Library and Archives Commission.

(b) The library is the depository for legislative records.

(c) Except as otherwise provided by this chapter, a legislative record must be managed by the director in the same manner that a state record is managed under Subchapter L, Chapter 441. For a legislative record, with regard to the requirements of Subchapter L, Chapter 441:

(1) the board shall perform the functions and duties of the commission; and

(2) the director shall perform the functions and duties of:

(A) the director and librarian of the commission;

(B) the state records administrator; and

(C) the records management officer.

(d) Legislative records shall be transferred to the library or a depository outside the library under Section 324.0086, in accordance with any applicable records retention schedule approved by the director under this section.

(e) A legislative entity may retrieve, for temporary use, records transferred by the legislative entity to the library or a depository outside the library. The director and library employees shall assist the legislative entity with retrieval of the records, and the legislative entity shall return the records to the library following the legislative entity's use.

(f) Under the direction of the legislative entity that created the records transferred to the library, or of the public information officer of the appropriate house of the legislature in the case of a former legislative entity, the director shall protect privileged or confidential legislative records held by the library or a depository outside the library from public disclosure.

(g) Under the direction of the public information officer of the legislative entity that transferred a legislative record to the library or an authorized depository outside the library, or of the public information officer of the appropriate house of the legislature in the case of a former legislative entity, the director shall respond to requests received under Chapter 552 for the legislative record. The director shall notify the public information officer responsible for the legislative record as soon as practicable after receiving a request described by this subsection.

(h) The director may:

(1) transfer legislative records to the Texas State Library and Archives Commission for management under Subchapter L, Chapter 441; and

(2) request the Texas State Library and Archives Commission to return to the library, without charge to the library, legislative records held by the commission.

(i) To the extent of any conflict, this section prevails over Chapter 441 or any other state law relating to the management of legislative records.

Added by Acts 2019, 86th Leg., R.S., Ch. 1250 (H.B. 4181), Sec. 28, eff. June 14, 2019.