Official Records, Non-Records and Convenience Copies

An “official record” (or file) is composed of single or multiple documents, books, papers, photographs, computer-generated or stored data, videos, sound recordings, or other materials, regardless of physical form or characteristics made or received by a state department or institution according to law or in connection with official state business per
Texas Government Code (§441.180(11)
.
This manual uses the terms file and record interchangeably and generically, as distinguished from their uses relating to objects in electronic data management terminology.
CAUTION: Any document produced in state facilities on state equipment may be considered a record by the courts. This also applies to any document related to state business that exists on personal equipment, such as an employee's home computer. A duplicate (convenience, information, or reference) copy of a document may become a record by default if it replaces an original that has been prematurely lost or destroyed.
E-mail, text and instant messages are official records and need to be evaluated by the content (not media) to determine retention requirements.
The following are
not
 records:
  • Library or museum material made or acquired and preserved solely for reference or exhibition purposes.
  • Extra copies of a documents preserved only for convenience of reference.
  • Stocks of publications or of processed documents.
  • Records, correspondence, notes, memoranda, or documents other than a final written agreement, described by
    Texas Government Code 441.031, Section 2009.054 [c]
    , associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization.
    CAUTION: A duplicate (convenience, information, or reference) copy of a document may become a record by default if it replaces an original that has been lost or destroyed.