Sec. 552.004. PRESERVATION OF INFORMATION. (a) A governmental body or, for information of an elective county office, the elected county officer, may determine a time for which information that is not currently in use will be preserved, subject to Subsection (b) and to any applicable rule or law governing the destruction and other disposition of state and local government records or public information.
(b) A current or former officer or employee of a governmental body who maintains public information on a privately owned device shall:
(1) forward or transfer the public information to the governmental body or a governmental body server to be preserved as provided by Subsection (a); or
(2) preserve the public information in its original form in a backup or archive and on the privately owned device for the time described under Subsection (a).
(c) The provisions of Chapter 441 of this code and Title 6, Local Government Code, governing the preservation, destruction, or other disposition of records or public information apply to records and public information held by a temporary custodian.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1340 (S.B. 944), Sec. 3, eff. September 1, 2019.
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