(a) Electronic records may be destroyed only in accordance with the Local Government Code, §202.001.
(b) Each local government must ensure that:
  (1) electronic records eligible for destruction are disposed of in a manner that ensures protection of any confidential information; and
  (2) electronic storage media used for electronic records containing confidential information is not reused if the previously recorded information can be compromised in any way through reuse.
(c) For the court ordered expungement of information recorded on Write-Once-Read-Many (WORM) electronic storage media, all copies of the information must be destroyed wherever it exists, including any record, index, or reference to the expunged information on other electronic storage media. Methods for expunging information from WORM electronic storage media include:
  (1) overwriting the information to obliterate the original data, leaving no evidence of the original information; or
  (2) rewriting all the indices, pages, or documents, other than the expunged information, onto new electronic storage media and physically destroying the old electronic storage media.

Source Note: The provisions of this §7.78 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