Section 1: Overview

Disposition and Destruction

The final action taken on an official record concludes with destruction, or disposition. Disposition entails transferring, or permanently preserving records as defined in TxDOT’s Records Retention Schedule. Formal destruction of official records requires a 1420 Records Destruction Form.

Authorization for Destruction

Texas Government Code §441.187
authorizes TxDOT to dispose of any record listed on the approved TxDOT Records Retention Schedule once the required records retention period has been met.
Records involved with an audit, investigation, litigation, or open record request cannot be destroyed until the conclusion of the action involving those records.
Coordinate with the General Counsel Division to determine the status of any records subject to a litigation hold before authorizing their destruction.

Disposition of Records

Records which require to be reviewed or transferred to the State Archives cannot be destroyed once retention is met. They first need to be reviewed by the State Archivist to consider the archival value of the records to determine destruction or disposition. A 1419 Records Transmittal Form is required for the transfer of records.

Advantages of Timely Disposal

Destroying records as soon as they become eligible after having met their retention requirement benefits the agency by:
Advantages include the following:
  • Reducing exposure to legal discovery and open records requests. There are no requirements to produce records that were destroyed in the ordinary course of business, provided there is no anticipated or actual legal action in place at the time of destruction that would require TxDOT to withhold records from destruction.
  • Reducing the cost of storage (physical or server/cloud space, equipment, and network performance). The cost of storage will be reduced over time with the increased use of Enterprise Content Management systems.

Records Eligible for Destruction

Official records are eligible for destruction when they have met their total retention period in accordance with the TxDOT Records Retention Schedule.
  • Non-records, convenience or information copies and e-mail of a transitory nature
    may be destroyed without formality
    once their purpose has been served.

Withholding Records from Destruction

Records involved in audit, investigation or an open records request shall not become eligible for destruction until the conclusion of the action and satisfaction of the retention requirements pertaining to records related to the action.
Take steps to preserve records involved in such actions as soon as you become aware of the possibility of the action and include steps to verify conclusion of any actions during review of eligibility for destruction. Coordinate with the General Counsel Division to determine the status of any records subject to a litigation hold before authorizing their destruction.