(a) This subchapter establishes the minimum requirements for the maintenance, use, retention, and storage of any electronic record of a local government whose retention period is ten years or more on a records retention schedule adopted under §7.125 of this title (relating to Records Retention Schedules). These requirements are recommended as best practices for electronic records with retention periods of less than ten years. All electronic records are subject to the applicable provisions of the Local Government Code, Chapter 205.
(b) Unless otherwise noted, these requirements apply to all electronic records systems and electronic storage media.
(c) The governing body of a local government and its records management officer, in cooperation with other employees of the local government, must:
  (1) administer a program for the management of records created, received, maintained, used, or stored on electronic media;
  (2) integrate the management of electronic records with other records and information resources management programs;
  (3) incorporate electronic records management objectives, responsibilities, and authorities in pertinent directives;
  (4) establish procedures for addressing records management requirements, including recordkeeping requirements and disposition;
  (5) make training available for users of electronic records systems that addresses:
    (A) the operation, care, and handling of the equipment, software, media, and information contained in the system; and
    (B) records management concepts and applicable requirements, including any records management issues as they relate to subparagraph (A) of this paragraph;
  (6) develop and maintain up-to-date documentation about all electronic records systems that is adequate to specify all technical characteristics necessary for reading or processing the records and the timely, authorized disposition of records; and
  (7) specify the location and media on which electronic records are maintained to meet retention requirements and maintain inventories of electronic records systems to facilitate disposition.
(d) An electronic records system not meeting the provisions of this subchapter may be utilized for records subject to this section, provided the source document, if any, or a paper copy of the record is maintained, or the record is microfilmed in accordance with the provisions of Local Government Code, Chapter 204, and the rules adopted under it.

Source Note: The provisions of this §7.72 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484; amended to be effective August 31, 2021, 46 TexReg 5389