Texas Retention Schedule for Public Safety Agency Records

RETENTION SCHEDULE FOR RECORDS OF PUBLIC SAFETY AGENCIES
This schedule establishes mandatory minimum retention periods for records commonly found in public safety agencies. No local government office may dispose of a record listed in this schedule prior to the expiration of its retention period. A records control schedule of a local government may not set a retention period that is less than that established for the record in this schedule. Original paper records listed in this schedule may be disposed of prior to the expiration of their minimum retention periods if they have been microfilmed or electronically stored pursuant to the provisions of the Local Government Code, Chapter 204 or Chapter 205, as applicable, and rules of the Texas State Library and Archives Commission adopted under authority of those chapters. Actual disposal of such records by a local government is subject to the policies and procedures of its records management program.
Destruction of local government records contrary to the provisions of the Local Government Records Act of 1989 and administrative rules adopted under it, including this schedule, is a Class A misdemeanor and, under certain circumstances, a third degree felony (Penal Code, Section 37.10). Anyone destroying local government records without legal authorization may also be subject to criminal penalties and fines under the Public Information Act (Government Code, Chapter 552). P. O. Box 12927 • Austin, Texas • 78711-2927 • (512) 421-7200
Effective August 14, 2011
Introduction
The Government Code, Section 441.158, provides that the Texas State Library and Archives Commission shall issue records retention schedules for each type of local government, including a schedule for records common to all types of local government. The law provides further that each schedule must state the retention period prescribed by federal or state law, rule of court, or regulation for a record for which a period is prescribed; and prescribe retention periods for all other records, which periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of the Commission.
The retention period for a record applies to the record regardless of the medium in which it is maintained. Some records listed in this schedule are maintained electronically in many offices, but electronically stored data used to create in any manner a record or the functional equivalent of a record as described in this schedule must be retained, along with the hardware and software necessary to access the data, for the retention period assigned to the record, unless backup copies of the data generated from electronic storage are retained in paper or on microfilm for the retention period. This includes electronic mail (email), websites and electronic publications.
Unless otherwise stated, the retention period for a record is in calendar years from the date of its creation. The retention period applies only to an official record as distinct from convenience or working copies created for informational purposes. Where several copies are maintained, each local government should decide which shall be the official record and in which of its divisions or departments it will be maintained. Local governments in their records management programs should establish policies and procedures to provide for the systematic disposal of copies.
A local government record whose retention period has expired may not be destroyed if any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record is initiated; its destruction shall not occur until the completion of the action and the resolution of all issues that arise from it.
A local government record whose retention period expires during any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record may not be destroyed until the completion of the action and the resolution of all issues that arise from it.
If a record described in this schedule is maintained in a bound volume of a type in which pages were not meant to be removed the retention period, unless otherwise stated, dates from the date of last entry.
If two or more records listed in this schedule are maintained together by a local government and are not severable, the combined record must be retained for the length of time of the component with the longest retention period. A record whose minimum retention period on this schedule has not yet expired and is less than permanent may be disposed of if it has been so badly damaged by fire, water, or insect or rodent infestation as to render it unreadable, or if portions of the information in the record have been so thoroughly destroyed that remaining portions are unintelligible. If the retention period for the record is permanent in this schedule, authority to dispose of the damaged record must be obtained from the Director and Librarian of the Texas State Library and Archives Commission. The Request for Authority to Destroy Unscheduled Records (Form SLR 501) should be used for this Local Schedule PS Page 2 of 56
Effective August 14, 2011
purpose.
Certain records listed in this schedule are assigned the retention period of AV (as long as administratively valuable). This retention period affords local governments the maximum amount of discretion in determining a specific retention period for the record described.
Use of Asterisk (*)
The use of an asterisk in this third edition of Local Schedule PS indicates that the record is either new to this edition, the retention period for the record has been changed, or substantive amendments have been made to the description of or remarks concerning the record. An asterisk is not used to indicate minor amendments to grammar or punctuation.
ABBREVIATIONS USED IN THIS SCHEDULE
AV – As long as administratively valuable
CE – Calendar year end
CFR – Code of Federal Regulations
FE – Fiscal year end
LA – Life of asset
TAC – Texas Administrative Code
U.S.C. – United State Code
US – Until superseded Local Schedule PS Page 3 of 56
Effective August 14, 2011
Table of Contents
Part 1: Records Common to Public Safety Agencies _____________________________________________________________________ page 6
Section 1-1: General Operations Records ____________________________________________________________________________ page 6
Section 1-2: Vehicle, Equipment, and Animal Records __________________________________________________________________ page 8
Section 1-3: Personnel Records __________________________________________________________________________________ page 12
Section 1-4: Emergency Communications Records ___________________________________________________________________ page 13
Part 2: Law Enforcement Records __________________________________________________________________________________ page 14
Section 2-1: Arrest and Offense Records ___________________________________________________________________________ page 14
Section 2-2: Incident Records ____________________________________________________________________________________ page 17
Section 2-3: Operational Support Records __________________________________________________________________________ page 19
Section 2-4: Jail Records ________________________________________________________________________________________ page 23
Section 2-5: Juvenile Records ____________________________________________________________________________________ page 26
Section 2-6: Records of Writs and Process __________________________________________________________________________ page 37
Section 2-7: Permit Records and Associated Documentation ____________________________________________________________ page 38
Section 2-8: Financial Records ____________________________________________________________________________________ page 39
Section 2-9: Personnel and Training Records ________________________________________________________________________ page 40
Section 2-10: Miscellaneous Records ______________________________________________________________________________ page 41
Part 3: Records of County Medical Examiners ________________________________________________________________________ page 42
Section 3-1: Death Investigation Records ___________________________________________________________________________ page 42
Section 3-2: Laboratory Records _________________________________________________________________________________ page 44 Local Schedule PS Page 4 of 56
Effective August 14, 2011
Section 3-3: Miscellaneous Records _______________________________________________________________________________ page 45
Part 4: Records of Fire Fighting and Emergency Medical Service Agencies ___________________________________________________ page 45
Section 4-1: Fire and Emergency Medical Response Records ____________________________________________________________ page 45
Section 4-2: Fire Prevention and Inspection Records __________________________________________________________________ page 46
Section 4-3: Apparatus and Equipment Records _____________________________________________________________________ page 49
Section 4-4: Training Records ___________________________________________________________________________________ page 50
Section 4-5: Miscellaneous Records _______________________________________________________________________________ page 51
Part 5: Records of Community Supervision and Corrections (Adult Probation) Departments _____________________________________ page 51
Part 6: Records of County, District, and Criminal District Attorneys ________________________________________________________ page 52
Section 6-1: Case Records ______________________________________________________________________________________ page 52
Section 6-2: Administrative and Financial Records ____________________________________________________________________ page 55
Local Schedule PS Page 5 of 56
Effective August 14, 2011
RECORDS OF PUBLIC SAFETY AGENCIES
Retention Notes: a) The term “public safety agency” means any local law enforcement, fire fighting, emergency medical services, or emergency communications department, district, or office; and the offices of the county medical examiner, district attorney, county attorney, and community supervision and corrections.
b) For administrative, financial, personnel, and support service records not included in this schedule, see Local Schedule GR (Records Common to All Governments).
PART 1: RECORDS COMMON TO PUBLIC SAFETY AGENCIES
Retention Note: This part provides retention periods for records common to two or more of the public safety agencies included in this schedule.
SECTION 1-1: GENERAL OPERATIONS RECORDS
Record Number
Record Title
Record Description
Retention Period
Remarks
PS4025-01
ACTIVITY AND STATISTICAL REPORTS
Narrative and/or statistical activity reports prepared by shift supervisors, unit heads, or other public safety personnel on daily or other periodic activities, except reports of the types included in other records groups in this schedule.
PS4025-01a
ACTIVITY AND STATISTICAL REPORTS
Daily and weekly reports.
1 year.
PS4025-01b
ACTIVITY AND STATISTICAL REPORTS
Monthly, bimonthly, quarterly, or semi-annual reports.
3 years.
PS4025-01c
ACTIVITY AND STATISTICAL REPORTS
Annual reports.
PERMANENT.
PS4025-01d
ACTIVITY AND STATISTICAL REPORTS
Chronological logs or registers of activities, usually kept at station, company, or unit level, of daily activities such as roll calls, briefings, visitors, drills, inspections, except for records of similar types noted elsewhere in this schedule.

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