Local Schedule CC
Retention Schedule for Records of County Clerks
Effective October 20, 1997
Preface
This schedule establishes mandatory minimum retention periods for
the records listed. 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 for a record that is less than that established
for the record on this schedule. The originals of records listed
in this schedule may be disposed of prior to the expiration of the
stated minimum retention period 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
or an elective county office 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 its authority, 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 Open Records Act (Government Code,
Chapter 552).
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.
Local Schedule CC sets mandatory minimum retention periods for
records series (identified in the Records Series Title column) maintained
by county clerks. It also sets retention periods for the records
of county surveyors, maintained by law by county clerks in those
counties in which the office has been abolished, and for the records
of defunct offices of county superintendents of schools, which are
customarily maintained by county clerks. If the retention period
for a record is established in a federal or state law, rule of court,
or regulation, a citation to the relevant provision is given; if
no citation is given, the authority for the retention period is
this schedule.
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.
Unless otherwise stated, the retention period for a record is
in calendar years from the date of its creation. The retention period,
again unless otherwise noted, 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.
If a record described in this schedule is maintained in a bound
volume of a type in which pages are not designed 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 on this schedule, authority to
dispose of the damaged record must be obtained from the director
and librarian of the Texas State Library. The Request for Authority
to Destroy Unscheduled Records (form SLR 501) should be used for
this purpose.
Requests for Authority to Destroy Unscheduled Records (SLR 501),
whose submission to the director and librarian of the Texas State
Library is required by the Local Government Code, Section 203.045,
need not be filed for records shown as exempt from the requirement
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.
Although AV may be used as a retention period on a records control
schedule of a local government, it is in the best interests of any
records management program that fixed retention periods be assigned
for each records series. AV records tend to accumulate and go unmanaged.
Amendment Notice
An item number that is preceded by an asterisk (*) indicates either
that the retention period or the description of the record series
has been changed from that which appeared in the edition of Local
Schedule CC, effective November 1, 1994, or the records series is
new to this schedule. An asterisk is also used before a retention
note that has been amended or added at the beginning of the schedule
or any of its parts or sections. Changes to legal citations or non-substantive
editorial changes are not noted.
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Table of Contents
Section 1-1: Records of Proceedings
Section 1-2: Financial Records
Section 1-3: Road Records
Section 1-4: Records of Water Districts
Section 1-5: Miscellaneous Records
Section 1-6: Records of the County Judge
Section 2-1: Property Records
Section 2-2: Mortgage and Lien Records
Section 2-3: Birth Records
Section 2-4: Death Records
Section 2-5: Marriage Records
Section 2-6: Election Records
Section 2-7: Tax Records
Section 2-8: Bond and Deputation Records
Section 2-9: Business and Professional Records
Section 2-10: School Records
Section 2-11: Livestock Records
Section 2-12: Water Records
Section 2-13: Administrative and Financial Records
Section 2-14: Miscellaneous Records
Section 3-1: Civil Case Records
Section 3-2: Criminal Case Records
Section 3-3: Probate Records
Section 3-4: Multi-Case/Multi-Court Records
Section 3-5: Jury Records
Section 3-6: Juvenile Records
Section 3-7: Records of Commitment or Admission to State Care
Section 3-8: Naturalization Records
Section 3-9: Liquor Licensing Records
Section 3-10: Fee and Administrative Records
Section 3-11: Miscellaneous Court Records
Prefatory Note
Section 5-1: Survey Records
Section 5-2: Fee and Administrative Records
Section 6-1: Records of Proceedings
Section 6-2: Financial Records
Section 6-3: Student Records
Section 6-4: Attendance and Enrollment Records
Section 6-5: Personnel Records
Section 6-6: Miscellaneous Records
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Abbreviations Used In This Schedule
AR - After release, replacement, termination, or cancellation
of the instrument; or if recorded, of all instruments in volume
AV - As long as administratively valuabl
FE - Fiscal year end
US - Until superseded
Records of County Clerks
Retention Notes:
a) TEXAS COUNTY RECORDS MANUAL RENDERED WITHOUT EFFECT - The
adoption and issuance of the first edition of this schedule by
the Texas State Library and Archives Commission rendered without
effect Volume I of the Texas County Records Manual as amended
through February 15, 1993. County clerks should not use any part
of the Texas County Records Manual to determine minimum retention
periods or the requirements of local government records laws.
b) USE OF LOCAL SCHEDULE GR (Records Common to All Governments)
- Class 1000 (General Records), which was part of Volume I of
the Texas County Records Manual, is not included in this schedule.
County clerks should use Local Schedule GR for determining minimum
retention periods for administrative, personnel, financial, and
support service records not included in this schedule.
c) DESTROY AT OPTION - The term "destroy at option"
as used throughout this schedule indicates that the record is
an obsolete record no longer required by law to be maintained
by county clerks. We recommend that county clerks who wish to
retain these records rather than destroy them assign definite
retention periods for the records on their records control schedules.
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Part 1: County Clerk as Clerk to Commissioners Court
Section 1-1: Records of Proceedings
1100-01 Board of Equalization Minutes - Proceedings of
commissioners court sitting as a board of equalization. RETENTION:
PERMANENT.
1100-01a Commissioners Court Agendas and Open Meeting Notices.
RETENTION: 2 years. [By law - Government Code, Section 551.104(a)
for agendas of closed meetings.]
1100-02 Commissioners Court Docket - Register of petitions,
applications, and claims filed.
a) If information is duplicated in Commissioners Court Minutes
[1100-03]. RETENTION: 5 years after last entry.
b) If information is not duplicated in Commissioners Court Minutes
[1100-03]. RETENTION: PERMANENT.
1100-03 Commissioners Court Minutes. RETENTION: PERMANENT.
1100-04 Commissioners Court Minutes (Audio and Videotapes)
a) Audio or videotapes of proceedings in open meetings:
1) Audiotapes from which written minutes are prepared. RETENTION:
90 days after approval of the minutes by the commissioners court.
(Exempt from destruction request to the Texas State Library)
2) Audiotapes from which written minutes are not prepared.
RETENTION: PERMANENT.
b) Audiotapes of closed meetings. RETENTION: 2 years. [By law
- Government Code, Section 551.104(a).]
c) Audiotapes of workshop sessions in which votes are not made
and written minutes are not required by law to be taken. RETENTION:
2 years.
1100-05 Commissioners Court Minutes (Notes) - Notes taken
during meetings to aid in the preparation of minutes. RETENTION:
90 days after approval of the minutes by the commissioners court.
(Exempt from destruction request to the Texas State Library)
1100-06 Commissioners Court Orders and Resolutions
a) If recorded in Commissioners Court Minutes or in a separate
volume of proceedings [1100-03]. RETENTION: AV after recording.
(Exempt from destruction request to the Texas State Library)
b) If not recorded in Commissioners Court Minutes or in a separate
volume of proceedings [1100-03]. RETENTION: PERMANENT.
1100-07 Commissioners Court, Petitions to. RETENTION: 2
years after consideration by the court. (Review before disposal;
some petitions relating to significant events in a county may have
historical value. This schedule recommends, but does not require,
that such original petitions that have not been recorded in one
of the permanent records listed in this section be retained PERMANENTLY.)
1100-08 Hospital District Board Meetings - Proceedings
of commissioners court sitting as a board of managers of a county
hospital district. RETENTION: PERMANENT.
1100-09 Temporary Board and Commission Minutes - Proceedings
of temporary boards or commissions appointed by commissioners court.
RETENTION: PERMANENT.
1100-10 Commissioners Court Supporting Documentation -
One copy of each document of any type submitted to a meeting of
commissioners court for consideration, approval, or other action,
if such action is reflected in the minutes of a meeting. RETENTION:
2 years. (Review before disposal; some supporting documentation,
not already required to be maintained permanently elsewhere in this
or other commission schedules, may merit permanent retention for
historical reasons.)
Retention Note: The retention periods for many of the
documents submitted to commissioners court for action are established
elsewhere in this or other commission schedules and are often
longer than the 2-year retention period for supporting documentation
set here. The 2-year retention requirement does not override a
longer retention requirement set elsewhere, but rather is meant
to ensure that all documents presented for action by commissioners
court are retained at least two years. This schedule does not
require that supporting documentation be maintained together,
but the retention by a county clerk of one set of the documents
submitted at each meeting for two years would ensure satisfaction
of the minimum retention requirement. County clerks should exercise
caution in disposing of supporting documentation to avoid destruction
of the record copy of a document for which they are custodian
before the expiration of its retention period.
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Section 1-2: Financial Records
1125-01 Account of Occupation Tax Receipts - Statements
of account from the State Comptroller to commissioners court showing
amount of occupation taxes collected by the county. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1125-02 Annual Fee Reports - Annual statements of fees,
costs, and commissions earned, collected, and owed by district,
county, and precinct officers. RETENTION: FE + 3 years.
1125-03 Annual Reports of Sinking Funds. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library.)
1125-04 Applications for Deputies - Applications by officials
for the appointment of deputies and assistants. RETENTION: 1 year
after appointment or denial of application. (Exempt from destruction
request to the Texas State Library)
1125-05 Auditor's Reports
a) Monthly or other partial year reports. RETENTION: FE + 3 years.
b) Annual reports. RETENTION: PERMANENT.
*1125-06 Banking Records - Bank statements, canceled or
digitized images of checks, check registers, deposit slips, debit
and credit notices, reconciliations, notices of interest earned,
etc. of a county clerk. RETENTION: FE + 5 years.
1125-07 Bids and Bid Documentation - Original bid documentation
maintained by county clerks in counties without county auditors
or county purchasing agents.
a) Requests for proposals and successful bids, including invitations
to bid, bid bonds and affidavits, bid sheets, and similar supporting
documentation. RETENTION: FE + 3 years.
Retention Note: If a formal written contract is the
result of a request for proposal or successful bid, the request
for proposal or successful bid and its supporting documentation
must be retained for the same period as the contract. See item
number 1125-12.
b) Unsuccessful bids. RETENTION: 2 years.
c) Informal bid records, such as requests for quotations or
estimates, for the procurement of goods or services for which
state law or local policy does not require the formal letting
of bids. RETENTION: 1 year. (Exempt from destruction request to
the Texas State Library)
1125-08 Bond Registers
a) If bond registers are duplicates of those maintained by the
county treasurer or the county auditor. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
* b) If bond registers are not duplicates of those maintained
by the county treasurer or the county auditor. RETENTION: FE of
cancellation of last bond under issue + 5 years.
Retention Note: Prior to disposal, bond registers shall
be appraised by the records management officer for historical
value and those determined by the records management officer
to merit retention for historical reasons must be retained permanently.
Older bond registers from a time when the government itself
or a local bank handled the issuance and payment of bonds often
contain the names of local residents who subscribed to the bond
issue. These registers usually merit permanent retention for
historical reasons.
1125-09 Bonds and Coupons - Canceled or unsold bonds, bond
interest paying coupons, and similar instruments of paid bonded
indebtedness, including lists of bonds and coupons to be destroyed.
a) Any unsold and undelivered bonds that have been printed, but
the authority to issue which has been revoked by an election.
RETENTION: See retention note. [By law - Revised Civil Statutes,
art. 717g(2).] (Exempt from destruction request to the Texas State
Library)
Retention Note: Must be canceled and burned after canvass
of election returns indicates revocation of the bond issue has
been approved by the electorate.
b) Canceled bonds or coupons in the possession of the county
depository or another entity acting as paying agent for the bond
issue. RETENTION: See retention note. [By law - Revised Civil
Statutes, art. 717l-1.] (Exempt from destruction request to the
Texas State Library)
Retention Note: Commissioners courts may enter into
contract with a depository or other entity for destruction of
bonds or coupons provided that a) 1 year has elapsed since the
bond or coupon was paid; and b) 90 days have elapsed since the
depository or other agent has filed with the commissioners court
or the county treasurer a list identifying the certificate,
bond, interest coupon, or other evidence of indebtedness to
be destroyed. The list submitted by the depository or other
agency must be retained for 1 year after the destruction of
the bonds or coupons and is exempt from destruction request
to the Texas State Library.
c) Canceled bonds or coupons in the possession of a county clerk.
RETENTION: 1 year after payment. (Exempt from destruction request
to the Texas State Library)
1125-10 Claims - Bills, invoices, and other claims requesting
payment for goods or services rendered.
a) In counties without an auditor or in counties with an auditor
in which the county clerk retains the original claims as clerk
to the commissioners court. RETENTION: FE + 3 years.
b) In counties with an auditor in which the county clerk retains
copies and the county auditor the original claims. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
1125-11 Contract Record - Recorded contracts, leases, or
agreements entered into by the county. RETENTION: PERMANENT.
*1125-12 Contracts, Leases, and Agreements - Contracts,
leases, and agreements entered into by the county, including reports,
correspondence, performance bonds, and similar records relating
to their negotiation, administration, renewal, or termination, except
construction contracts. For construction contracts, see item number
1075-16 in Local Schedule GR (Records Common to All Local Governments).
RETENTION: 4 years after the expiration or termination of the instrument
according to its terms.
1125-13 County Budgets - Annual, supplemental, and special
budgets, including amendments. RETENTION: PERMANENT.
1125-14 County Depository Pledge Contracts - Pledge contracts
with banks acting as depositories for county or court trust funds,
including any lists and amounts of securities pledged, notices of
additional pledges, reconciliation papers, and similar documents
relating to the contract. RETENTION: 4 years after the expiration
or termination of the contract according to its terms.
1125-15 Deposit Warrants - Copies or stub books of deposit
warrants issued by the county clerk for monies deposited in county
funds or accounts. RETENTION: FE + 3 years.
1125-16 Finance Ledger - Record of credits to and debits
from the various accounts and funds administered by county officials,
maintained by county clerks in counties without county auditors.
*1) Fiscal years for which an annual audit report (see item
numbers 1125-05 and 1125-17) exists. RETENTION: FE + 5 years.
Retention Note: Prior to disposal, finance ledgers
shall be appraised by the records management officer for historical
value and those determined by the records management officer
to merit retention for historical reasons must be retained
permanently.
2) Fiscal years for which an annual audit report (see item
numbers 1125-05 and 1125-17) does not exist. RETENTION: PERMANENT.
1125-17 Independent Audit Reports - Audit reports by an
auditor other than the county auditor. RETENTION: PERMANENT.
1125-18 Minutes of Accounts Allowed (Claim Minutes). RETENTION: PERMANENT.
1125-19 Minutes of Treasurer's Reports. RETENTION: PERMANENT.
1125-20 Monthly Expense Reports - Monthly statements by
district, county, and precinct officers of expenses incurred. RETENTION:
FE + 3 years.
1125-21 Prisoner Expense Reports - Reports concerning expenses
incurred for the safekeeping or maintenance of county prisoners.
RETENTION: FE + 3 years.
*1125-22 Public Hospital Bond Record - Record of bonds
issued by a public hospital district if, by law, the county clerk
maintains the record. RETENTION: FE of cancellation of last bond
under issue + 5 years.
Retention Note: Prior to disposal, bond records shall
be appraised by the records management officer for historical
value and those determined by the records management officer to
merit retention for historical reasons must be retained permanently.
Older bond records from a time when the government itself or a
local bank handled the issuance and payment of bonds often contain
the names of local residents who subscribed to the bond issue.
These bond records usually merit permanent retention for historical
reasons.
1125-23 Reports of Collections - Reports of collections
submitted by district, county, and precinct officers. RETENTION:
FE + 3 years.
1125-24 Treasurer's Monthly Reports. RETENTION: FE + 3
years.
1125-25 Treasurer's Quarterly Reports. RETENTION: FE +
3 years.
1125-26 Vital Statistics Reports - Reports from the State
Registrar certifying the number of birth, death, and fetal death
certificates filed by each local registrar. RETENTION: FE + 3 years.
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Section 1-3: Road Records
1175-01 Drainage Construction Reports - Reports on the
construction of ditches and canals by private corporations. RETENTION:
5 years.
1175-02 Highway Fund Annual Reports - Annual reports to
the State Treasurer detailing how monies from county road funds
were spent. RETENTION: PERMANENT.
1175-04 Jury of View Reports - Reports of juries of view
appointed to oversee the laying out or alteration of county roads
and ditches.
a) Originals of reports that have been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
AV after recording. (Exempt from destruction request to the Texas
State Library)
b) Originals of reports that have not been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
PERMANENT.
1175-05 Orders for Appointment of Juries of View. RETENTION:
Destroy at option after submission of report of jury of view. (Exempt
from destruction request to the Texas State Library)
1175-06 Road Commissioners Reports
a) Originals of reports that have been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
AV after recording. (Exempt from destruction request to the Texas
State Library)
b) Originals of reports that have not been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
PERMANENT.
1175-07 Road Construction Surety Bonds - Surety bonds filed
by owners of real estate subdivisions for the construction of streets
and roads. RETENTION: Effective life of bond + 5 years.
*1175-08 Road District Bond Record. RETENTION: FE of cancellation
of last bond under issue + 5 years.
Retention Note: Prior to disposal, bond records shall
be appraised by the records management officer for historical
value and those determined by the records management officer to
merit retention for historical reasons must be retained permanently.
Older bond records from a time when the government itself or a
local bank handled the issuance and payment of bonds often contain
the names of local residents who subscribed to the bond issue.
These bond records usually merit permanent retention for historical
reasons.
1175-09 Road Minutes - Proceedings of commissioners court
relating to county roads and ditches.
a) Any volume containing minutes of proceedings and actions concerning
road matters. RETENTION: PERMANENT.
b) Any volume containing recorded copies of road petitions;
orders for juries of view; or reports of juries of view or road
overseers, supervisors, or commissioners. RETENTION: PERMANENT.
c) Any volume containing only a record of appointments of or
commissions issued to road overseers. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
1175-10 Road Overseers Annual Reports
a) Originals of reports that have been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
b) Originals of reports that have not been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
PERMANENT.
1175-11 Road Overseers Commissions. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1175-12 Road Superintendents Reports
a) Originals of reports that have been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
AV after recording. (Exempt from destruction request to the Texas
State Library)
b) Originals of reports that have not been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
PERMANENT.
1175-13 Road Supervisors Reports
a) Originals of reports that have been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
AV after recording. (Exempt from destruction request to the Texas
State Library)
b) Originals of reports that have not been recorded in Commissioners
Court Minutes [1100-03] or Road Minutes [1175-09]. RETENTION:
PERMANENT
1175-14 State Highway Bids - Copies of bids submitted to
the Texas Department of Transportation or its predecessors for construction
or improvement of state highways. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
1175-15 Survey Reports - Reports, including surveys, specifications,
and cost estimates, submitted by surveyors or the county engineer
to commissioners court on the construction or repair of county roads
and bridges and county-owned drainage ditches.
a) Originals of reports and associated papers that have been
recorded in Commissioners Court Minutes [1100-03], Road Minutes
[1175-09], or Plat Record [1275-17]. RETENTION: AV after recording.
(Exempt from destruction request to the Texas State Library)
b) Originals of reports and associated papers that have not
been recorded in Commissioners Court Minutes [1100-03], Road Minutes
[1175-09], or Plat Record [1275-17]. RETENTION: PERMANENT.
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Section 1-4: Records of Water Districts
1200-01 Commissioners Court Proceedings Concerning Water
Districts - Proceedings, findings, orders, and declarations of commissioners
court or a joint board concerning drainage, fresh water supply,
irrigation, levee improvement, navigation, self liquidating navigation,
stormwater control, water control and improvement, water control
and preservation, and water improvement districts. RETENTION: PERMANENT.
Retention Note: Originals of any of these documents that
have been recorded in Commissioners Court Minutes [1100-03] or
in a separate volume of proceedings need only be kept as long
as administratively valuable and are exempt from destruction request
to the Texas State Library.
1200-02 Drainage District Annual Maintenance Reports. RETENTION:
PERMANENT.
1200-03 Drainage District Bond Agreements - Agreements
between commissioners court and district bondholders for retirement
of bonds of dissolved districts. RETENTION: Retirement of all bonds
of district + 7 years.
1200-04 Drainage District Civil Engineer Reports. RETENTION:
PERMANENT.
1200-05 Fresh Water Supply District Board Resolutions -
Copies of resolutions of district boards adding or excluding land
from districts, redefining boundaries, or discharging liability
of taxpayers in excluded territory.
a) Recorded copies. RETENTION: PERMANENT.
b) Filed copies. RETENTION: AV after recording. (Exempt from
destruction request to the Texas State Library)
1200-06 Irrigation District Creation and Dissolution Orders
- Filed and recorded copies of the orders of district boards creating
or dissolving districts.
a) Recorded copies. RETENTION: PERMANENT.
b) Filed copies. RETENTION: AV after recording. (Exempt from
destruction request to the Texas State Library)
1200-07 Irrigation Districts, Records of Dissolved - Records
of dissolved irrigation districts. RETENTION: See retention note.
[By law - Water Code, Section 58.828.]
Retention Note: State law requires that a county clerk,
after obtaining custody of the records of a dissolved irrigation
district, contact the director and librarian of the Texas State
Library to arrange for the transfer of the records to the custody
of the Texas State Library and Archives Commission.
1200-08 Levee Improvement District Reclamation Plans. RETENTION:
3 years.
1200-09 Private Water Company Annual Reports - Annual operations
and financial reports of private water companies in counties over
1,500,000. RETENTION: PERMANENT.
1200-10 Storm Control District Stormwater Plans. RETENTION:
3 years.
1200-11 Texas Natural Resource Conservation Commission
Orders Concerning Water Districts - Copies of orders, findings,
reports, and decisions from the Texas Natural Resource Conservation
Commission or its predecessors relating to the creation and formation
of irrigation, levee improvement, stormwater control, underground
water conservation, water control and improvement, and water improvement
districts. RETENTION: PERMANENT.
1200-12 Water Adjudication Case Papers - Documentation
received from the Texas Natural Resource Conservation Commission
or its predecessors; and copies of documents and correspondence
submitted to the Commission involving water rights adjudications
to which the county is a party or in which the county has an interest.
RETENTION: PERMANENT.
1200-13 Water Control and Improvement Districts, Records
of Dissolved - Records of dissolved water control and improvement
districts. RETENTION: See retention note. [By law - Water Code,
Section 51.828.]
Retention Note: State law requires that a county clerk,
after obtaining custody of the records of a dissolved water control
and improvement district, contact the director and librarian of
the Texas State Library to arrange for the transfer of the records
to the custody of the Texas State Library and Archives Commission.
1200-14 Water Control and Preservation District Bond Resolutions.
RETENTION: PERMANENT.
1200-15 Water District Annual Audit Reports. RETENTION:
3 years.
1200-16 Water District Annual Financial Dormancy Affidavits.
RETENTION: 3 years.
1200-17 Water District Annual Financial Reports. RETENTION:
3 years.
1200-18 Water District Proceedings Record - Recorded proceedings
of irrigation, underground water conservation, and water control
and improvement district boards and of all orders or decrees of
any court affecting the creation, boundaries, or validity of the
districts. RETENTION: PERMANENT.
*1200-19 Water District Bond Record - Bond record of drainage
and water control and preservation districts. RETENTION: FE of cancellation
of last bond under issue + 5 years.
Retention Note: Prior to disposal, bond records shall
be appraised by the records management officer for historical
value and those determined by the records management officer to
merit retention for historical reasons must be retained permanently.
Older bond records from a time when the government itself or a
local bank handled the issuance and payment of bonds often contain
the names of local residents who subscribed to the bond issue.
These bond records usually merit permanent retention for historical
reasons.
1200-20 Water District Commissioners of Appraisement Reports
- Final reports of commissioners of appraisement for taxation on
benefit basis in irrigation, levee improvement, water control and
improvement, and water improvement districts. RETENTION: PERMANENT.
1200-21 Water District Condemnation Decrees - Certified
final decrees of condemnation rendered by levee improvement, navigation,
and water control and improvement district tribunals in eminent
domain proceedings. RETENTION: PERMANENT.
1200-22 Water District Construction Contracts - Construction
contracts of drainage, irrigation, navigation, self-liquidating
navigation, water control and improvement, water control and preservation,
and water improvement districts.
a) Recorded copies. RETENTION: PERMANENT.
b) Filed copies. RETENTION: AV after recording. (Exempt from
destruction request to the Texas State Library)
1200-23 Water District Creation Review Reports. RETENTION:
PERMANENT.
1200-24 Water District Dissolution Tax Receipts - Dissolution
tax receipts of drainage, irrigation, water control and improvement,
and water improvement districts. RETENTION: FE + 3 years.
1200-25 Water District Financial Status Reports - Reports
on financial status of drainage and navigation districts made by
the county treasurer by order of commissioners court. RETENTION:
PERMANENT.
1200-26 Water District Information Forms - Information
forms and boundary maps of each water district in a county whose
principal function is to provide water and sewer services, including
any statements of amendment or dissolution. RETENTION: PERMANENT.
1200-27 Water District Judgments - Certified judgments
from district or higher courts on appeal from decisions of commissioners
court relating to the creation of irrigation, levee improvement,
and water control and improvement districts. RETENTION: PERMANENT.
1200-28 Water District Petitions and Orders to Add Land
- Filed and recorded petitions to add land to drainage, irrigation,
municipal utility, regional water, special utility, and water control
and improvement districts granted by district boards.
a) Recorded copies. RETENTION: PERMANENT.
b) Filed copies. RETENTION: AV after recording. (Exempt from
destruction request to the Texas State Library)
1200-29 Water District Rate Statements - Rate statements
of municipal utility and regional utility districts under contract
with cities concerning water and sewer rates with accompanying maps
or plats of the districts. RETENTION: PERMANENT.
1200-30 Water District Semi-Annual Report - Semi-annual
reports of drainage and water improvement districts. RETENTION:
3 years.
1200-31 Water District Tentative Dissolution Tax Rolls
- Tentative dissolution tax rolls of irrigation and water control
and improvement districts. RETENTION: Destroy at option. (Exempt
from destruction request to the Texas State Library)
1200-32 Water District Trustee's Reports - Final accounts
and reports to commissioners court by the county treasurer as trustee
of dissolved drainage and water improvement districts or by the
trustees of dissolved levee improvement districts. RETENTION: PERMANENT.
return to top
Section 1-5: Miscellaneous Records
1225-01 Board of Equalization Notices - Copies of notices
sent to property owners notifying them of impending changes in land
valuation. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1225-02 Charges Against County Health Officers - Charges
or complaints against county health officers filed with commissioners
court by the state. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1225-03 County Auditorium Annual Budgets and Financial
Statements. RETENTION: PERMANENT.
1225-04 County Building Authority Annual Budgets. RETENTION:
PERMANENT.
1225-05 County Building Authority Quarterly Reports. RETENTION:
FE + 3 years.
*1225-06 County Health Officer Reports. RETENTION: 1 year,
but see retention note. (Exempt from destruction request to the
Texas State Library)
Retention Note: Prior to disposal, county health officers
reports shall be appraised by the records management officer for
historical value and those determined by the records management
officer to merit retention for historical reasons must be retained
permanently. Some reports from county health officers, especially
from the period 1909 to about 1930, dealing with the control and
quarantine of epidemic diseases such as yellow fever may have
historical value.
1225-07 County Historical Commission Reports and Surveys.
RETENTION: PERMANENT.
1225-07a County and Regional Housing Authority Annual Reports.
RETENTION: PERMANENT.
1225-08 County Museum Annual Budgets and Financial Statements.
RETENTION: PERMANENT.
1225-09 County Nurse Monthly Reports. RETENTION: 1 year.
(Exempt from destruction request to the Texas State Library)
1225-09a County Park Board Annual Financial Reports. RETENTION:
PERMANENT.
1225-10 Extension and Demonstration Agents' Reports - Monthly
and annual reports of county agricultural extension agents and county
home demonstration agents. RETENTION: 1 year. (Exempt from destruction
request to the Texas State Library)
1225-11 Enclosed School Land Reports - Annual reports to
commissioners court by county surveyor on number of sections of
school land sold and enclosed during the year. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1225-12 Ferry License Applications - Original applications
and/or copies of licenses issued to ferrymen, launch pilots, or
branch pilots.
a) Those dated 1910 and before. RETENTION: PERMANENT.
b) Those dated 1911 and later. RETENTION: Termination, expiration,
or denial of license + 4 years.
1225-13 Glanders Appraisement Reports - Reports of appraisement
of horses, mules, and asses affected with glanders submitted by
committees of appraisement. RETENTION: 2 years.
1225-14 Hospital Board or District Reports
a) Quarterly and other partial year reports. RETENTION: FE + 3 years.
b) Annual reports. RETENTION: PERMANENT.
1225-15 Insurance Policies on County Property. RETENTION:
4 years after the expiration or termination of the policy according
to its terms.
1225-16 Inventories of County Property
a) Capital asset equipment or property inventories (including
sequential number property logs). RETENTION: US + 3 years.
b) Inventory records (parts and supplies). RETENTION: 1 year.
(Exempt from destruction request to the Texas State Library)
*1225-17 Legal Opinions - Copies of legal opinions rendered
to commissioners court, the county judge, or the county clerk by
a county or district attorney. RETENTION: AV. (Exempt from destruction
request to theTexas State Library)
Retention Note: For the record copies of the opinions
maintained permanently by county and district attorneys, see item
number 1000-30 in Local Schedule GR (Records Common to All Local
Governments).
1225-18 Livestock Auction Commission Merchants, Quarterly
Reports of. RETENTION: 2 years.
1225-19 Mosquito Control District Biannual Reports. RETENTION:
PERMANENT.
1225-20 Odometer Readings - Monthly reports of odometer
readings of county-owned vehicles used by the county sheriff or
deputies. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1225-21 Pauper Applications - Applications and petitions
by persons requesting to be declared paupers and eligible for county
aid, and similar applications by needy mothers. RETENTION: PERMANENT.
1225-22 Pauper Record (Indigent Record) - Record of payments
or allowances made to paupers or needy mothers by the commissioners
court. RETENTION: PERMANENT.
*1225-23 Public Works Project Records - Records series
item number withdrawn. See item number 1075-16 in Local Schedule
GR (Records Common to All Local Governments)
1225-24 Record of Inmates - Register of inmates of county
poorhouses or asylums. RETENTION: PERMANENT.
1225-25 Reports of Animals Slaughtered (Butchers Reports)
1) Originals of reports that have been recorded in Record of
Animals Slaughtered [1475-14]. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
2) Originals of reports that have not been recorded in Record
of Animals Slaughtered [1475-14]. RETENTION: PERMANENT.
1225-26 Rural Fire Prevention District Annual Reports.
RETENTION: PERMANENT.
1225-27 Scalp Bounty Records - All documents relating to
the payment of scalp bounties by commissioners court. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1225-28 Solid Waste Disposal Permit Records - Applications,
copies of permits, and other documentation related to the issuance
of permits by the county for the operation of facilities for the
processing, storage, or disposal of solid waste. RETENTION: Expiration,
cancellation, or denial of permit + 3 years.
1225-29 Solid Waste Disposal Plans and Regulations - Plans
and regulations concerning the handling, transport, processing,
storage, or disposal of solid waste in the county. RETENTION: PERMANENT.
1225-29a Surplus and Salvage Property Reports - Reports
on county surplus or salvaged property sold by competitive bid or
at auction or destroyed. RETENTION: 1 year. [By law - Local Government
Code, Section 263-155(b).] (Exempt from destruction request to the
Texas State Library
1225-30 Tick Eradication Inspection Reports. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
1225-31 Tuberculosis Control Board Quarterly Reports. RETENTION:
FE + 3 years.
1225-32 Wreck-Master Salvage Reports
a) Reports dated 1910 and earlier. RETENTION: PERMANENT.
b) Reports dated 1911 and later. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
return to top
Section 1-6: Records of the County Judge
1250-01 Acknowledgment Record - Record of acknowledgments
or proofs of instruments taken by the county judge as ex-officio
notary public. RETENTION: 10 years.
1250-02 Annual Fee Reports. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
1250-03 Cash Receipts. RETENTION: FE + 3 years.
1250-04 Convict Labor Record - Register of convicts doing
work for the county or hired out to individuals and firms for private
work. RETENTION: PERMANENT.
1250-05 Daily Cash Book or Reports. RETENTION: FE + 3 years.
1250-06 Deposit Warrants - Copies of deposit warrants issued
by the county clerk or the county treasurer for monies deposited
in any funds or accounts of the county judge. RETENTION: FE + 3
years.
1250-07 Fee Book. RETENTION: FE + 5 years.
1250-08 Monthly Expense Reports. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
*1250-09 Open Records Requests - Written open records requests,
including those sent by electronic mail or facsimile, submitted
to a county judge, including correspondence and other documentation
relating to the requests.
a) Approved requests. RETENTION: Approval of request + 1 year.
[Exempt from destruction request to the Texas State Library]
b) Denied requests. RETENTION: Denial of request + 2 years.
1250-10 Reports of Collections (Monthly Fee Reports). RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
return to top
Part 2: County Clerk as Recorder
Section 2-1: Property Records
1275-01 Alien Owned Land Record. RETENTION: PERMANENT.
1275-02 Application Record - Actual Settler. RETENTION:
PERMANENT.
1275-03 Application Record - Additional Lands. RETENTION:
PERMANENT.
1275-04 Bill of Sale Record (Personal Property Record).
RETENTION: PERMANENT.
1275-05 Board of Land Commissioners, Minutes of (Register
of Headright Certificates). RETENTION: PERMANENT.
1275-06 Burned Deed Record. RETENTION: PERMANENT.
1275-07 Cemetery Records - Deeds, plats, and all other
records relating to cemeteries situated in county, including any
lists of persons buried. RETENTION: PERMANENT.
1275-08 Classification Record (Record of Unsold Public
Lands, School Land Sale Record). RETENTION: PERMANENT.
1275-09 Condominium Record. RETENTION: PERMANENT.
1275-10 County Deeds, Easements, and Rights of Way - Originals
and recorded copies of deeds to county-owned land and instruments
relating to easements and rights of way granted to the county. RETENTION:
PERMANENT.
1275-11 Deed Record. RETENTION: PERMANENT.
1275-12 Delinquent Tax Deed Record (Sheriff's Deed Record).
RETENTION: PERMANENT.
1275-13 Land Office Notices - Notices of forfeiture of
title to or lease of public school lands due to non-payment of interest
or failure to drill offset wells.
a) Notices of forfeiture due to non-payment. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State
Library)
b) Notices of forfeiture due to failure to drill offset wells.
RETENTION: 90 days after notation made in Oil and Gas Lease Record
[1275-14] or Deed Record [1275-11]. (Exempt from destruction request
to the Texas State Library)
1275-14 Oil and Gas Lease Record. RETENTION: PERMANENT.
1275-15 Oyster Bed Claims Record. RETENTION: PERMANENT.
1275-16 Patent Record. RETENTION: PERMANENT.
1275-17 Plat Record. RETENTION: PERMANENT.
1275-18 Public Land Lease Record (Abstract of Leases of
Public Land). RETENTION: PERMANENT.
1275-19 Slave Records - Records involving the sale, purchase,
capture, or liberation of slaves. RETENTION: PERMANENT.
1275-20 Transcribed Deed Record. RETENTION: PERMANENT.
1275-21 Transcribed Spanish Deed Record. RETENTION: PERMANENT.
1275-22 Transfer of Property Register - Record or register
of property transfers, by sale or other means, showing names of
grantor and grantee, type of instrument, description of property,
date filed, and the page and volume number of the Deed Record [1275-11]
in which the instrument is recorded. RETENTION: Destroy at option,
but see retention note.
Retention Note: Transfer of Property register must be
retained until a new index is compiled if an index to the Deed
Record [1275-11] for the corresponding year or years is missing.
1275-23 Veterans Land Board Notices - Notices of forfeiture
of land purchase contracts due to non-payment. RETENTION90 days
after notation made in the Deed Record [1275-11]. (Exempt from destruction
request to the Texas State Library)
return to top
Section 2-2: Mortgage and Lien Records
1300-01 Abstract of Judgment Record. RETENTION: PERMANENT.
1300-02 Assignments of Account Notices. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1300-03 Assignment of Accounts Register. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1300-04 Attachment Lien Record. RETENTION: PERMANENT.
1300-05 Chattel Mortgage Attached to Realty Register (Machinery
Mortgage Register). RETENTION: PERMANENT.
1300-06 Chattel Mortgage Register (Chattel Mortgage Record).
RETENTION: Destroy at option, but see retention note.
Retention Note: It is an exception to the retention period
given, that any chattel mortgage register containing recorded
copies of chattel mortgages dated 1846-1930, 1935, 1940, 1945,
and 1950, with corresponding indexes must be retained PERMANENTLY
for historical reasons.
1300-07 Chattel Mortgage Releases. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1300-08 Chattel Mortgages. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1300-09 Chattel Mortgages Attached to Realty (Machinery
Mortgages). RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1300-10 Deed of Trust Record (Mortgage Record). RETENTION:
PERMANENT.
1300-11 Factors Liens and Lien Releases. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1300-12 Factors Lien Register. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1300-13 Federal Land Bank Deed of Trust Record (Amortization
Record). RETENTION: PERMANENT.
1300-14 Federal Tax Lien Notices and Releases. RETENTION:
AR + 1 year.
1300-15 Federal Tax Lien Record. RETENTION: AR + 1 year.
1300-16 Financing Statement File Register - Register of
financing statements and associated statements received for filing.
a) If the register does not contain a record of filing fees
collected. RETENTION: AV.
b) If the register does contain a record of filing fees collected,
but the information is duplicated in a Fee Book [1525-06]. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
c) If the register does contain a record of filing fees collected
and the information is not duplicated in a Fee Book [1525-06].
RETENTION: FE + 3 years after last entry.
1300-17 Financing Statements. RETENTION: Lapse or termination
+ 1 year, but see retention note. [By law - Business and Commerce
Code, Sections 9.403(a) and 9.404(b).]
Retention Note: In those counties that retain the hard
copy of the financing statement in an alphabetical or other form
of file in addition to the principal copy of the financing statement,
both copies may be disposed of at the expiration of the retention
period.
1300-18 Hospital Lien Record. RETENTION: AR + 1 year.
1300-19 Hospital Liens and Lien Releases. RETENTION: AR
+ 1 year.
1300-20 Laborers Lien Record (Employees Lien Record). RETENTION:
AR + 1 year.
1300-21 Landlords Lien Record (Rental Lien Record). RETENTION:
AR + 1 year.
1300-22 Lis Pendens Record. RETENTION: AR + 1 year.
1300-23 Mechanics and Materialmen Lien Record. RETENTION:
PERMANENT.
1300-23a Mental Health Liens and Lien Releases. RETENTION:
AR + 1 year.
1300-24 Progeny Lien Record - Recorded agreements establishing
liens on progeny of livestock. RETENTION: Destroy at option. (Exempt
from destruction request to the Texas State Library)
1300-25 Release Record - Recorded releases of mortgages,
deeds of trust, liens, and other instruments affecting real property.
RETENTION: PERMANENT.
1300-26 Financing Statements, Requests for Information
From - Forms requesting information from, or copies of, financing
statements or statements of assignment. RETENTION: 30 days. (Exempt
from destruction request to the Texas State Library.)
1300-27 Sale of Real Property Under Contract Lien, Notices
of - Notices of sale of real property under a power of sale conferred
by a deed of trust or other contract lien. RETENTION: Day after
date of sale. [By law - Property Code, Section 51.002(f).] (Exempt
from destruction request to the Texas State Library)
1300-28 Security Interest in Fixtures, Index to - Index
to financing statements related to fixtures.
a) If only an index to financing statements related to fixtures
filed from 1967 through 1973. RETENTION: AR + 1 year.
b) If an index to financing statements related to fixtures filed
after 1 January 1974 and recorded in the Deed of Trust Record
[1300-10]. RETENTION: PERMANENT.
1300-29 State Tax Lien Record. RETENTION: AR + 1 year.
1300-30 State Tax Liens and Lien Releases. RETENTION: AR
+ 1 year.
1300-31 Utility Security Records (After Acquired Property
Records) - Filed and recorded security mortgages, deeds of trust,
indentures, supplemental mortgages, and similar instruments, including
those containing after acquired property provisions, of public utilities
and railroads.
a) Original utility security instruments filed with Chattel Mortgages
Attached to Realty [1300-09], Chattel Mortgages [1300-08], Financing
Statements [1300-17], or separately, and recorded. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
b) Original utility security instruments filed with Chattel
Mortgages Attached to Realty [1300-09], Chattel Mortgages [1300-08],
Financing Statements [1300-17], or separately and not recorded.
RETENTION: PERMANENT.
c) Abstracts or recorded copies of utility security instruments
abstracted or recorded in the Chattel Mortgages Attached to Realty
Register [1300-05], Deed of Trust Record [1300- 10], or in separate
volumes. RETENTION: PERMANENT.
d) Index. RETENTION: PERMANENT.
1300-32 Vendors Lien Record. RETENTION: PERMANENT.
return to top
Section 2-3: Birth Records
*Retention Note: Section 191.026, Health and Safety Code
was amended by the 75th Legislature in 1997 by adding subsection
(e) to provide the following:
(e) The local registrar may, after the first anniversary of the
date of registration of a birth, death, or fetal death, destroy
the permanent record of the birth, death, or fetal death maintained
by the local registrar if:
(1) the local registrar has access to electronic records of
births, death and fetal deaths maintained by the bureau of vital
statistics; and
(2) before destroying the records, the local registrar certifies
to the state registrar that each record maintained by the local
office that is to be destroyed has been verified against the
records contained in the bureau's database and that each record
is included in the database or otherwise accounted for.
The permanent retention period established in this schedule
and by law for item numbers 1325-03, 1325-04(b), 1325-04(d), 1325-05,
1325-06, 1325-08, 1325-11(a), 1325-11(d), 1325-13, 1325-14, and
1325-17 is not required for those county clerks who choose to
follow the option permitted by Section 191.026(e), provided they
do so in accordance with procedures developed by the Bureau of
Vital Statistics of the Texas Department of Health to implement
the section.
1325-01 [Withdrawn, see 1325-04]
1325-02 Baptismal and Physicians Registers - Baptismal
registers, account books of physicians, or any similar record that
provides a listing of baptisms and births that have taken place
in the county. RETENTION: PERMANENT.
*1325-03 Birth and Death Record (combination form of the
Birth Record and the Death Record). RETENTION: PERMANENT, but see
retention note at the beginning of Section 2-3. [By law - Health
and Safety Code. Section 191.026.]
1325-04 Birth Certificates - Copies of birth certificates,
supplementary birth certificates, delayed birth certificates and
supporting documentation, and amendments to birth certificates received
by the county clerk as a local registrar or from local registrars
or the Texas Department of Health.
a) Notices of birth (1873-1876; 1903-1911) or copies of birth
certificates (1911- 1927) that have been recorded or entered in
the Birth Record [1325-08]. RETENTION: AV after recording. (Exempt
from destruction request to the Texas State Library)
*b) Notices of birth (1873-1876; 1903-1911) or copies of birth
certificates (1911-1927) that have not been recorded or entered
in the Birth Record [1325-08]. RETENTION: PERMANENT, but see retention
note at the beginning of Section 2-3. [By law - Health and Safety
Code. Section 191.026.]
c) Copies of birth certificates (1927-current), supplementary
birth certificates (1935- current), delayed birth certificates
(1939-current), or amendments to birth certificates (1927-current)
that have been recorded in full in the Birth Record [1325-05],
the Delayed Birth Record [1325-06], or a Supplementary Birth Record
[1325-08]. RETENTION: AV after recording. (Exempt from destruction
request to the Texas State Library)
*d) Copies of birth certificates (1927-current), supplementary
birth certificates (1935-current), delayed birth certificates
(1939-current), or amendments to birth certificates (1927-current)
that have not been recorded in full in the Birth Record [1325-05],
the Delayed Birth Record [1325-06], or a Supplementary Birth Record
[1325-08]. RETENTION: PERMANENT, but see retention note at the
beginning of Section 2-3. [By law - Health and Safety Code. Section
191.026.]
*1325-05 Birth Record (Birth Register before 1912). RETENTION:
PERMANENT, but see retention note at the beginning of Section 2-3.
[By law - Health and Safety Code. Section 191.026.]
*1325-06 Delayed Birth Record (Probate Birth Record). RETENTION:
PERMANENT, but see retention note at the beginning of Section 2-3.
[By law - Health and Safety Code. Section 191.026.]
1325-07 Orders for Certified Copies of Illegitimate Birth
Certificates - Applications for the issuance of and court orders
or judge's letters authorizing the issuance of illegitimate birth
certificates. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
*1325-08 Supplementary Birth Record - Recorded or duplicate
copies of supplementary birth certificates issued as the result
of adoption, legitimation, or judicial determination of paternity.
RETENTION: PERMANENT, but see retention note at the beginning of
Section 2-3. [By law - Health and Safety Code. Section 191.026.]
*1325-08a Record of Issuance of Certified Copies or Abstracts
of Birth Records - Record of the issuance of certified copies or
abstracts of birth records showing date issued, document number,
name and address of person to whom issued, and form of identification
presented by applicant. RETENTION: 3 years. [By regulation - 25
TAC 181.28(e).]
Retention Note: The administrative rule of the Texas Department
of Health setting the 3 year minimum retention period states that
the application form, with the document number inserted, may serve
to document the issuance of the copies or abstracts. For those
clerks who document the issuance of the copies or abstracts by
other means, the applications need be retained only AV after the
required information from the application is entered in the alternative
record of issuance.
return to top
Section 2-4: Death Records
1325-09 [Withdrawn, see 1325-11]
1325-10 Burial Transit Permit Records (Burial Permit Records)
- Stubs, copies, or lists of burial transit permits issued. RETENTION:
2 years.
1325-11 Death Certificates - Copies of death certificates,
fetal death certificates, and amendments to death certificates received
by the county clerk as a local registrar or from local registrars
or the Texas Department of Health.
a) Notices of death (1903-1911) or copies of death certificates
(1911-1927) that have been recorded or entered in the Death Record
[1325-13]. RETENTION: AV after recording. (Exempt from destruction
request to the Texas State Library)
*b) Notices of death (1903-1911) or copies of death certificates
(1911-1927) that have not been recorded or entered in the Death
Record [1325- 13]. RETENTION: PERMANENT, but see retention note
at the beginning of Section 2-3. [By law - Health and Safety Code.
Section 191.026.]
c) Copies of death certificates (1927-current), fetal death
certificates (1951-current), delayed death certificates (1939-current),
or amendments to death certificates (1927-current) that have been
recorded in full in the Death Record [1325-13], the Delayed Death
Record [1325-14], or a Fetal Death Record [1325-17]. RETENTION:
AV after recording. (Exempt from destruction request to the Texas
State Library)
*d) Copies of death certificates (1927-current), fetal death
certificates (1951-current), delayed death certificates (1939-current),
or amendments to death certificates (1927-current) that have not
been recorded in full in the Death Record [1325-13], the Delayed
Death Record [1325-14], or a Fetal Death Record [1325-17]. RETENTION:
PERMANENT, but see retention note at the beginning of Section
2-3. [By law - Health and Safety Code. Section 191.026.]
1325-12 Notifications of Death of Persons Under 55 - Abstracts,
transcripts, or copies of death certificates from the Bureau of
Vital Statistics of persons under age 55 (or under 18 prior to May
1987) whose birth certificates were recorded by the county clerk.
RETENTION: Until notation made in Birth Record. (Exempt from destruction
request to the Texas State Library)
*1325-13 Death Record. RETENTION: PERMANENT, but see retention
note at the beginning of Section 2-3. [By law - Health and Safety
Code. Section 191.026.]
*1325-14 Delayed Death Record (Probate Death Record). RETENTION:
PERMANENT, but see retention note at the beginning of Section 2-3.
[By law - Health and Safety Code. Section 191.026.]
1325-15 Disinterment Permits - Copies of disinterment permits
issued by the county clerk. RETENTION: PERMANENT.
1325-16 Disinterment Permits, Applications for. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
*1325-17 Fetal Death Record (Stillborn Record). RETENTION:
PERMANENT, but see retention note at the beginning of Section 2-3.
[By law - Health and Safety Code. Section 191.026.]
1325-18 Reports of Death - Reports of death filed by funeral
directors or persons acting as such with the county clerk. RETENTION:
Until receipt of death certificate. (Exempt from destruction request
to the Texas State Library)
*1325-18a Record of Issuance of Certified Copies or Abstracts
of Death Records - Record of the issuance of certified copies or
abstracts of death records showing date issued, document number,
name and address of person to whom issued, and form of identification
presented by applicant. RETENTION: 3 years. [By regulation - 25
TAC 181.28(e).]
Retention Note: The administrative rule of the Texas Department
of Health setting the 3 year minimum retention period states that
the application form, with the document number inserted, may serve
to document the issuance of the copies or abstracts. For those
clerks who document the issuance of the copies or abstracts by
other means, the applications need be retained only AV after the
required information from the application is entered in the alternative
record of issuance.
return to top
Section 2-5: Marriage Records
1325-19 Declaration of Informal Marriage Record. RETENTION:
PERMANENT.
1325-20 Marriage Affidavits. - Affidavits by couples or
by third parties that the couples are of age to marry without parental
consent. RETENTION: AV, but see retention note. (Exempt from destruction
request to the Texas State Library)
Retention Note: Marriage affidavits vary considerably in
the quality and quantity of the information they contain. Some,
especially those filed or recorded separately, may have sufficient
genealogical information to merit retention for historical purposes.
In such cases this schedule recommends, but does not require, that
the marriage affidavits be retained PERMANENTLY.
1325-21 Marriage Bonds - Marriage bonds or similar documents
evidencing marriage prior to 5 June 1837. RETENTION: PERMANENT.
1325-22 Marriage Contract Record - Recorded pre-nuptial
or spousal agreements and associated documentation. RETENTION: PERMANENT.
1325-23 Marriage License Applications. RETENTION: 90 days.
(Exempt from destruction request to the Texas State Library)
1325-24 Marriage License Corrections - Affidavits or notices
of correction of information on marriage licenses due to clerical
or other error, including any attached incorrect versions of the
marriage license.
a) If corrected information is recorded or noted in the Marriage
Record [1325-26]. RETENTION: AV after correction made. (Exempt
from destruction request to the Texas State Library)
b) If corrected information is not recorded or noted in the
Marriage Record [1325-26]. RETENTION: PERMANENT.
1325-25 Marriage License Stub Books (Marriage License Receipts)
a) In those counties that no longer use stub books. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
b) In those counties that still use license stub books. RETENTION:
AV after all licenses in the volume have been issued. (Exempt
from destruction request to the Texas State Library)
1325-26 Marriage Record. RETENTION: PERMANENT.
1325-27 Marriage Record (Negro). RETENTION: PERMANENT.
1325-28 Marriages, Lists of - Lists of persons married
in county.
a) If the list contains the names of couples all of whose marriage
licenses are recorded in an existing volume of the Marriage Record
[1325-26]. RETENTION: AV. (Exempt from destruction request to
the Texas State Library)
b) If the list contains the names of couples all of whose marriage
licenses are not recorded in an existing volume of the Marriage
Record [1325-26]. RETENTION: PERMANENT.
1325-29 Medical Examination Certificates and Waivers. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1325-30 Notice of Intention to Marry Record. RETENTION:
PERMANENT.
1325-31 Parental Consent (or Objection) Forms
a) Parental consents or objections dated 1850 or earlier. RETENTION:
PERMANENT.
b) All others. RETENTION: 90 days. (Exempt from destruction
request to the Texas State Library)
*1325-32 Child Support Affidavits - Statements filed by
applicants for marriage licenses indicating that delinquent court-ordered
child support is not owed. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
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Section 2-6: Election Records
Note: All Class 1350 records were withdrawn effective February
1, 1992.County clerks should use Local Schedule EL (Records of Elections
and Voter Registration) to determine retention periods for election
records.
return to top
Section 2-7: Tax Records
1375-01 Certificates of Cancellation/Correction Record
- Recorded cancellation or correction certificates issued by tax
assessor-collector and approved by commissioners court acknowledging
that property was erroneously reported as delinquent. RETENTION:
20 years.
1375-02 Delinquent and Insolvent Taxpayers, Lists of -
Copies of annual lists of delinquent and insolvent taxpayers sent
by the tax assessor-collector to commissioners court (1838-1876).
a) All lists, whether bound, recorded, or separate dated 1884
or earlier. RETENTION: PERMANENT.
b) All reports dated 1885 or later. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1375-03 Delinquent Tax Record. RETENTION: Destroy at option.
1375-04 Delinquent Tax Rolls. RETENTION: Destroy at option.
1375-05 Drummers License Record - Recorded special $50
occupation tax receipts issued to drummers (traveling salesmen)
by the State Comptroller. RETENTION: PERMANENT.
1375-06 Errors in Assessment, Lists of. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1375-07 Occupation Tax Register. RETENTION: PERMANENT.
1375-08 Record of Land or Town Lots Sold for Taxes - Record
or register of land or town lots in the county sold for taxes.RETENTION:
PERMANENT.
1375-09 Redemption Record. RETENTION: PERMANENT.
1375-10 Reports of Land Sold Under Judgment. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1375-11 Reports of Land Sold Under Judgment and Redeemed.
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
1375-12 Reports of County Taxes Collected - Monthly, quarterly,
and annual reports of county taxes collected, submitted by the tax
assessor-collector.
a) Monthly reports. RETENTION: FE + 3 years.
b) Quarterly reports. RETENTION: Destroy at option. (Exempt
from destruction request to the Texas State Library)
c) Annual reports. RETENTION: PERMANENT.
1375-13 Reports of State and County Taxes Collected - Annual,
quarterly, and monthly reports of state and county taxes collected,
submitted by tax assessor-collector to commissioners court. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1375-14 Reports on Taxes and Indebtedness of Local Units
of Government. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1375-15 Tax Receipt Record - Recorded tax receipts submitted
by taxpayers. RETENTION: 20 years.
1375-16 Tax Receipts - Receipt stubs or copies of receipts
issued by the tax assessor-collector. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1375-17 Tax Rolls - Copies of county tax rolls or assessment
lists. RETENTION: Destroy at option.
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Section 2-8: Bond and Deputation Records
1400-01 Anatomical Bonds. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1400-02 Bonds and Contracts to Pay Liens and Claims - Filed
statutory payment bonds (Hardeman Act) with accompanying construction
contracts or agreements between contractor and owner.
a) If recorded. RETENTION: AR.
b) If not recorded. RETENTION: AR + 5 years.
1400-03 Bonds and Contracts to Pay Liens and Claims Record
- Recorded statutory payment bonds (Hardeman Act) and construction
contracts or agreements between contractor and owner. RETENTION:
AR + 5 years.
1400-04 Butchers Bonds
a) Recorded copies and filed copies that have not been recorded.
RETENTION: AR + 5 years.
b) Filed copies that have been recorded. RETENTION: AR.
1400-05 Commission Merchants Bond Record. RETENTION: AR
+ 5 years.
1400-06 Commission Merchants Bonds
a) If recorded. RETENTION: AR.
b) If not recorded. RETENTION: AR + 5 years.
1400-07 Contracting Stevedores Bond Record. RETENTION:
AR + 5 years.
1400-08 Contractors Bonds - Filed or recorded performance
bonds of contractors under contract with county. RETENTION: AR +
5 years.
1400-09 County Depository Bonds - Bonds of banks acting
as depositories for county funds and statements describing unencumbered
and non-exempt lands owned by sureties. RETENTION: AR + 5 years.
1400-10 Deputation Record - Recorded notices of appointment
of persons to perform duties of county officials as deputies. RETENTION:
PERMANENT.
1400-11 Deputations - Filed notices of appointment of persons
to perform duties of county officials as deputies. RETENTION: AR
+ 5 years or termination of employment + 5 years, whichever sooner.
1400-12 Ferry Bonds - Filed or recorded bonds of ferrymen,
launch pilots, or branch pilots licensed by commissioners court.
a) Bonds dated 1910 and earlier. RETENTION: PERMANENT.
b) Bonds dated 1911 and later. RETENTION: AR + 5 years.
1400-13 Liquor and Malt Liquor Dealers Bond Record. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1400-14 Liquor and Malt Liquor Dealers Bonds. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1400-15 Livestock Auction Commission Merchants Bond Record.
RETENTION: AR + 5 years.
1400-16 Livestock Auction Commission Merchants Bonds
a) If recorded. RETENTION: AR.
b) If not recorded. RETENTION: AR + 5 years.
1400-17 Livestock Commission Merchants Bond Record. RETENTION:
AR + 5 years.
1400-18 Livestock Commission Merchants Bonds
a) If recorded. RETENTION: AR.
b) If not recorded. RETENTION: AR + 5 years
1400-19 Loan Brokers Bond Record. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1400-20 Loan Brokers Bonds. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1400-21 Notary Public Bond Record. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1400-22 Notary Public Bonds. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1400-23 Oath of Office Record - Recorded oaths of office
of county officials and deputies, including those of the directors
and officers of special districts and that are or were required
by law to have their oaths.
a) If recorded in the Official Bond Record [1400-26], the Official
Bond and Deputation Record [1400-25], or the Deputation Record
[1400-10]. RETENTION: Follow the retention for the records indicated.
b) If recorded separately. RETENTION: 1 year after the oaths
of all officials or deputies in volume have left office.
1400-24 Oath of Office - Filed oaths of office of county
officials and deputies, including those of the directors and officers
of special districts that are or were required by law to take the
oath of office and file it with the county clerk.
a) If filed with Official Bonds [1400-27] or Deputations [1400-11].
RETENTION: Follow the retention for the records indicated.
b) If filed separately. RETENTION: 1 year after the official or deputy leaves office.
1400-25 Official Bond and Deputation Record. RETENTION:
PERMANENT.
1400-26 Official Bond Record. RETENTION: PERMANENT.
1400-27 Official Bonds - Filed bonds and qualifying oaths
of county officials and deputies, including those of the directors
and officials of special districts that are or were required by
law to be filed with the county clerk. RETENTION: AR + 5 years or
termination of employment + 5 years, whichever sooner.
1400-28 Pawnbrokers Bonds. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1400-29 Public Warehousemen Bonds and Applications
a) Recorded copies and filed copies that have not been recorded.
RETENTION: AR + 5 years.
b) Filed copies that have been recorded. RETENTION: AR.
1400-30 Public Weighers Bond Record. RETENTION: AR + 5
years.
1400-31 Public Weighers Bonds. RETENTION: AR + 5 years.
1400-32 Wreck-Masters Bonds. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
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Section 2-9: Business and Professional Records
1425-01 Account Books of Private Businesses and Organizations
- Account books, ledgers, registers, and similar financial or administrative
records of private businesses or organizations filed for record
with the county clerk. RETENTION: AV. (Exempt from destruction request
to the Texas State Library, but use discretion. Some of these records
may merit permanent preservation for historical reasons.)
Retention Note: Private businesses and organizations,
especially insurance companies, benevolent associations, and agriculture-related
businesses, occasionally filed account books and other financial
records with the county clerk; some of which may have come into
the possession of the county clerk as clerk to the county court
and the keeper of trust funds.
1425-02 Anatomical Affidavits - Affidavits of agents in
charge of unclaimed human remains that relatives of the deceased
cannot be found. RETENTION: 4 years.
1425-03 Assumed Name Certificates
a) Certificates filed 28 August 1977 and earlier. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
b) Certificates filed 29 August 1977 and later. RETENTION: AR
+ 2 years.
1425-04 Assumed Name Register - Register of certificates
filed by individuals, owners of businesses, or by corporations conducting
business or under an assumed name. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
1425-05 Banks, Records Relating to the Creation, Operation,
and Dissolution of. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1425-06 Butchers Register - Register of slaughterers or
butchers who slaughter less than 300 head of cattle a day for profit.
RETENTION: PERMANENT.
1425-07 Cotton Ginners Record - Affidavits of cotton ginners
pledging to report the number of bales ginned to the state and stub
books or registers of certificates issued for receipt of affidavits.
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
1425-08 Dental Record - Recorded licenses of dentists issued
by local boards or by the state. RETENTION: PERMANENT.
1425-09 Discharge Record - Recorded copies of miltary discharge
papers. RETENTION: PERMANENT.
1425-10 Embalmers Record - Recorded licenses of embalmers,
morticians, or funeral directors issued by the state. RETENTION:
PERMANENT.
1425-11 Farmers Cooperative Societies - Charters - Charters
and by-laws, and any amendments, of farmers' cooperative societies.
RETENTION: PERMANENT.
1425-12 Firemen, Lists of - Lists of volunteer firemen.
RETENTION: PERMANENT.
1425-13 Going Out of Business Sale Records. RETENTION:
Date of filing of post-sale inventory + 2 years.
1425-14 Limited Partnership Record - Recorded limited partnership
documents. RETENTION: PERMANENT.
1425-15 Midwife Identification Forms - Identification forms
of midwives licensed by the state. RETENTION: 13 months or when
replaced by new form, whichever sooner. (Exempt from destruction
request to the Texas State Library)
1425-16 Ministry Register - Recorded ordination certificates
of pastors. RETENTION: PERMANENT.
1425-17 Muster Rolls. RETENTION: PERMANENT.
1425-18 Naturopathic Record - Recorded licenses of naturopaths
issued by the state. RETENTION: PERMANENT.
1425-19 Notary Public Appointment Records. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1425-20 Nurses Record - Recorded certificates of nurses
issued by the state. RETENTION: PERMANENT.
1425-21 Optometry Record - Recorded licenses of optometrists
issued by the state. RETENTION: PERMANENT.
1425-22 Pawnbrokers Sale Reports. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1425-23 Pharmacy Register - Register of pharmacists or
recorded permits of pharmacists issued by local boards. RETENTION:
PERMANENT.
1425-24 Polygraph Examiners Record - Recorded licenses
of polygraph examiners issued by the state. RETENTION: PERMANENT.
1425-25 Power of Attorney Record - Recorded instruments
conveying or revoking power of attorney. RETENTION: PERMANENT.
1425-26 [Withdrawn]
1425-27 Public Utility Corporation Record - Recorded annual
financial reports of public utility corporations operating in the
county.
a) Recorded reports and original reports that have not been recorded.
RETENTION: PERMANENT.
b) Originals of reports that have been recorded. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1425-28 Railroads - Articles of Incorporation - Filed articles
of incorporation and by-laws of railroads. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1425-29 Statements of Abandonment of Use of Assumed Name.
RETENTION: 2 years.
1425-30 Trademark Register. RETENTION: PERMANENT.
1425-31 Tuberculosis Nurses Record - Recorded certificates
of tuberculosis nurses issued by the state. RETENTION: PERMANENT.
1425-32 Workmen's Compensation Liability Record - Recorded
notices from businesses indicating compliance with the Workmen's
Compensation Act (1917) and the Employer's Liability Act (1923).
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
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Section 2-10: School Records
1450-01 Abstracts of School Censuses - Abstracts of school
censuses compiled by the tax assessor-collector (1854-1885) or district
trustees (1885- 1905). RETENTION: PERMANENT.
1450-02 Annual Audit Reports of Common School Districts.
RETENTION: PERMANENT.
1450-03 Annual Statements of School Funds (Annual Reports
of County School Accounts). RETENTION: Destroy at option. (Exempt
from destruction request to the Texas State Library)
1450-04 Consolidated Scholastic Census Rolls. RETENTION:
PERMANENT.
1450-05 Record of School Districts - Proceedings of county
board of school trustees or commissioners court establishing school
district boundaries. RETENTION: PERMANENT.
1450-06 School District Budgets
a) Independent school districts. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
b) Common school districts. RETENTION: PERMANENT.
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Section 2-11: Livestock Records
1475-01 Animals Killed on Railroad Right-of-Way Record.
RETENTION: Last entry + 3 years.
1475-02 Animals Killed on Railroad Right-of-Way Reports.
RETENTION: 3 years.
1475-03 Bill of Sale Record (Livestock). RETENTION: PERMANENT.
1475-04 Brand Reference Book - Record used as a guide to
the symbols used as marks and brands and serving as a form of index
to the Marks and Brands Record [1475-13]. RETENTION: PERMANENT.
1475-05 Brand Transfer Record - Record of the transfer
or sale of marks and brands. RETENTION: PERMANENT.
1475-06 Cattle Records - Bills of sale and shipment records
of cattle, including lists of marks and brands; names of purchasers,
sellers, and shippers; and inspection reports. RETENTION: PERMANENT.
1475-07 [Withdrawn, see 1475-09]
1475-08 Estray Record - Recorded affidavits and bonds of
takers-up of estrayed animals, affidavits of appraisal of the animals,
and any reports of the death of estrays or affidavits of ownership
of estrays. RETENTION: PERMANENT.
1475-09 Estray Records - Filed documents relating to the
taking-up, recovery, or sale of estrays filed by the sheriff or
other takers-up of estrays. RETENTION: 3 years.
1475-10 [Withdrawn, see 1475-09]
1475-11 Livestock Quarantine Records - Reports, notices,
orders, and similar records relating to the quarantine of livestock.
RETENTION: Lifting of quarantine + 3 years.
1475-12 Marks and Brands Applications. RETENTION: 2 years.
1475-13 Marks and Brands Record. RETENTION: PERMANENT.
1475-14 Record of Animals Slaughtered (Butchers' Record)
- Recorded reports of animals slaughtered. RETENTION: PERMANENT.
1475-15 Record of Inspection (Record of Hides and Animals)
- Certified copy of the records of inspection by the inspector of
hides and animals. RETENTION: PERMANENT.
1475-16 Tattoo Registrations - Certificates of registration
for tattoo marks of hogs, dogs, sheep, or goats filed by the Texas
Department of Public Safety. RETENTION: PERMANENT.
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Section 2-12: Water Records
1500-01 Causeway Record - Recorded statements and maps
detailing the location, ownership, size, etc. of bridges, dams,
dikes, causeways, and roadways constructed across any arm, inlet,
or saltwater bay of the Gulf of Mexico. RETENTION: PERMANENT.
1500-02 Certificates of Adjudication Record - Recorded
certificates of adjudication issued by the Texas Natural Resource
Conservation Commission or its predecessors authorizing the appropriation,
storage, or diversion of state water as determined by court action.
RETENTION: PERMANENT.
1500-03 Water Permit Record (Irrigation Record) - Recorded
permits and associated documentation issued by the Texas Natural
Resource Conservation Commission or its predecessors authorizing
the appropriation, storage, or diversion of state water. RETENTION:
PERMANENT.
1500-04 Water Rights Agreement Record - Recorded agreements
between the Texas Natural Resource Conservation Commission and claimants
for the administration of unadjudicated water rights. RETENTION:
PERMANENT.
1500-05 Water Rights Record (Irrigation Record) - Recorded
statements of water rights appropriations or declarations of intent
to appropriate state water, including maps and plats denoting the
routes of canals and ditches. RETENTION: PERMANENT.
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Section 2-13: Administrative and Financial
Records
1525-01 Acknowledgment Record (County Clerk) - Record of
acknowledgments or proofs of instruments taken by the county clerk
as ex-officio notary public. RETENTION: 10 years.
1525-02 Acknowledgment Record (Notary Public) - Record
of acknowledgments or proofs of instruments taken by notaries public.
RETENTION: 10 years.
1525-03 Annual Fee Reports. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
1525-04 Cash Receipts. RETENTION: FE + 3 years.
1525-05 Daily Cash Book or Reports. RETENTION: FE + 3 years.
1525-06 Fee Book. RETENTION: FE + 5 years.
1525-07 Fee Statements - Copies of statements of filing
fees due sent out by county clerk to companies or individuals. RETENTION:
FE + 3 years.
1525-08 Instruments Left for Record - The following instruments
that have been recorded as required or permitted by law, but are
unclaimed by their owners or are unreturnable. The instruments may
be disposed of at the expiration of the retention period given for
each record below, with the retention period dating from the date
of recording.
a) Deeds, deeds of trust and mortgages, liens, oil and gas leases,
powers of attorney, military discharge papers, and marriage licenses.
RETENTION: 5 years.
b) Bills of sale [1275-04 and 1475-03] and tax receipts. RETENTION:
2 years.
1525-09 Instruments Sent, Record of - Record or register
of recorded instruments returned by mail to those who filed them.
RETENTION: 1 year. (Exempt from destruction request to the Texas
State Library)
1525-10 Monthly Expense Reports. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
1525-11 [Withdrawn February 1, 1992]
1525-12 Open Meeting Notices - Notices of open meetings
of the governing bodies of water districts and all other special
districts required by law to file notices. RETENTION: 2 years.
*1525-13 Open Records Requests - Written open records requests,
including those sent by electronic mail or facsimile, submitted
to a county clerk, including correspondence and other documentation
relating to the requests.
a) Approved requests. RETENTION: Approval of request + 1 year.
[Exempt from destruction request to the Texas State Library]
b) Denied requests. RETENTION: Denial of request + 2 years.
Caution: This records series does not include applications
for the issuance of certified copies or abstracts of birth or
death records. See items numbers 1325-08a and 1325-18a.
*1525-14 Records Destruction Notices - Records destruction
notices filed with the county clerk by other county officials and
offices. RETENTION: PERMANENT.
1525-15 Records Management Records
a) Records control schedules (including all successive versions
of or amendments to schedules). RETENTION: PERMANENT.
b) Records destruction documentation - Records documenting the
destruction of records under records control schedules, including
requests submitted to the Texas State Library and Archives Commission
for authorization to destroy unscheduled records or the originals
of permanent records that have been microfilmed. RETENTION: PERMANENT.
c) Records inventories - Lists or inventories of the active
and inactive records created or received by a county office. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
d) Records management plans and policy documents - Plans and
similar documents establishing the policies and procedures under
which a records management program operates. RETENTION: US + 5
years.
1525-16 Register of Instruments Filed for Record (Clerk's
File Docket, File Register, Reception Record). RETENTION: PERMANENT.
1525-17 Reports of Collections (Monthly Fee Reports). RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
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Section 2-14: Miscellaneous Records
1550-01 Adoption Statements (Affidavits of Heirship) -
Statements by persons that they have adopted other persons as their
legal heirs.
a) Recorded statements and originals of statements that have
not been recorded. RETENTION: PERMANENT.
b) Originals of statements that have been recorded. RETENTION:
AV after recording. (Exempt from destruction request to the Texas
State Library)
1550-02 Automobile Register - Register of automobiles licensed
in county from 1907 to 1917. RETENTION: PERMANENT.
1550-03 Census Records - Lists of persons enumerated, mortality
schedules, or other documents relating to the federal decennial
censuses or any special state or county census. RETENTION: PERMANENT.
*1550-04 Certificates of Deposit (Receipts for Wills Filed
for Safekeeping. RETENTION: Return of will + 5 years. (Exempt from
destruction request to the Texas State Library)
1550-05 City Budgets. RETENTION: 3 years.
1550-06 Confederate Widows' Affidavits - Affidavits by
widows of Confederate veterans attesting to their inability to obtain
information on regiments or companies in which their husbands served.
RETENTION: PERMANENT.
1550-07 Crossties and Staves Purchase Statements - Purchase
statements by buyers of crossties and staves for which a bill of
sale was not provided by the seller. RETENTION: 2 years.
1550-07a Emergency Services District Annual Reports. RETENTION:
PERMANENT.
1550-08 Explosive Licenses, Records of - Register or license
stubs of licenses issued by authority of the U. S. Bureau of Mines
for the sale, purchase, or use of explosives pursuant to provisions
of the Federal Explosives Act. RETENTION: Destroy at option. (Exempt
from destruction request to the Texas State Library)
1550-09 Fish and Game Licensing Records - Registers, stub
books, duplicate licenses, duplicate receipts, affidavits of loss
of license, and reports relating to the issuance of fish and game
licenses.
a) Records in counties in which the county clerk is no longer
an issuing agent. RETENTION: AV. (Exempt from destruction request
to the Texas State Library)
b) Records in counties in which the county clerk is an issuing
agent:
1) All records dated 1985 and earlier. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
2) All records dated 1986 or later. RETENTION: FE + 3 years.
1550-10 Food Stamp Program Records - Documentation relating
to the distribution of food stamps. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1550-11 Headlight Testing Station Records - Documentation
relating to headlight testing stations established by commissioners
court pursuant to the Texas Headlight Act (1925). RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1550-11a Injection Wells, Applications to Drill. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
1550-12 Log Brand Record. RETENTION: PERMANENT.
1550-13 Municipal Resolutions Adopting Home Rule - Resolutions
or ordinances by municipalities accepting municipal status under
Title 28 of the Texas Civil Statutes. RETENTION: PERMANENT.
1550-14 Noxious Weed Control District Annual Reports. RETENTION:
PERMANENT.
1550-15 Old Age Pension Lists or Registers - Monthly lists
of persons in the county receiving old age pensions from the state.
RETENTION: PERMANENT.
1550-16 Protest Record - Record of protest notices issued
by notaries public evidencing non-payment of monies owed or non-performance
of services promised. RETENTION: 10 years.
1550-17 Record of Timber Cut - Recorded quarterly reports
of persons who float or raft timber on rivers or creeks. RETENTION:
PERMANENT.
1550-18 Reports of Liquor Seized - Reports of liquor and
associated property seized, and copies of receipts issued by the
sheriff for goods if liquor or property was seized by officers other
than the sheriff.
a) Receipts. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
b) Reports. RETENTION: PERMANENT.
1550-19 Requests for Free Copies by Veterans - Requests
by veterans for free copies of records. RETENTION: 90 days. (Exempt
from destruction request to the Texas State Library)
1550-20 Selective Service Records - All records relating
to the registration of men for military service under the Selective
Service and Training Act of 1940. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1550-21 Texas Relief Commission Records - Records relating
to the welfare and relief activities of the Texas Relief Commission.
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
1550-22 Wills Filed for Safekeeping. RETENTION: Until retrieved
or disposed of. [In accordance with Probate Code, Section 71.]
1550-23 Wind Erosion District Annual Audit Reports. RETENTION:
PERMANENT.
*1550-24 Axle Overweight Records - Notifications and other
documents submitted by operators of vehicles granted axle overweight
permits by the Texas Department of Transportation. RETENTION: 1
year. (Exempt from destruction request to the Texas State Library)
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Part 3: County Clerk as Clerk of County Court
Retention Notes: a) SCOPE OF THIS PART - The term "county
court" as used in the descriptions of records in this part
includes not only the constitutional county courts, but also county
courts at law; county civil courts at law; county criminal courts;
county criminal courts at law; county courts for criminal cases;
county criminal courts of appeal; probate courts; and any other
county courts that may hereafter be created by statute.
In some counties, the district clerk serves either as the exclusive
clerk to one or more statutory county courts in the county, as
clerk in those cases concerning family law only, or as clerk in
those cases concerning both family law and those in civil and/or
criminal law in which the court has concurrent jurisdiction with
district courts. The district clerk must follow the minimum retention
periods in this section for the records of any county court to
which he or she is clerk. If the court also has concurrent jurisdiction
with district courts in family law matters, the clerk must use
the retention periods set down in the Local Schedule DC (Records
of District Clerks) for those records relating to family law.
In some counties, the county clerk serves as exclusive clerk
to a statutory county court that has been granted concurrent jurisdiction
with district courts in family law matters. The county clerk should
follow the retention periods in this section for civil, criminal,
and probate records and those in Local Schedule DC for records
concerning family law matters (e.g., Divorce Minutes).
b) MEANING OF FINAL JUDGMENT - For retention dating purposes,
the use of the term "final judgment" in retention periods,
unless otherwise qualified, means:
1) Civil Cases - From the date judgment rendered and signed
in a county court; or if new trial or further proceedings granted
on motion or mandated on appeal, from date judgment rendered
and signed in new trial or further proceedings; or if appealed
and judgment of trial court affirmed, modified, or rendered
as it should have been rendered, or appeal dismissed, from date
mandate or notice of dismissal received from appeals court;
whichever applicable.
2) Criminal Cases - From the date judgment rendered and signed
in a county court; or if new trial or further proceedings granted
on motion or mandated by reversal on appeal, from date judgment
rendered and signed in new trial or further proceedings; or
if appealed and judgment of trial court affirmed or judgment
of acquittal issued or appeal dismissed, from date mandate or
notice of dismissal received from appeals court; whichever applicable.
3) Juvenile, Mental Illness, Mental Retardation, Alcoholism,
or Narcotics Addiction Cases - State laws provide that appeals
from decisions in these types of hearings shall be governed
by the Texas Rules of Civil Procedure and the Texas Rules of
Appellate Procedure, and the dating of final judgment should
follow the guidelines set out in (b)(1) above.
c) PRE-1876 RECORDS AND RETENTION RECOMMENDATIONS - Notwithstanding
the retention periods set down in this schedule, the following
records must be retained permanently:
1) all case papers dated 1876 or earlier and trial dockets
containing entries dated 1876 or earlier; and
2) case papers and trial dockets from any period if the minutes
of the case have been lost or destroyed.
In addition, with regard only to case papers in which final
judgment has been rendered, this manual recommends, but does not
require that consideration be given to retaining:
1) all case papers dated from 1877 to 1920 PERMANENTLY; and
2) papers in a case from any period that, because of its notoriety
or significance, might possess enduring value.
*d) FINGERPRINTS - Texas Code of Criminal Procedure, art. 38.33,
requires that the fingerprint of a person convicted of a Class
A misdemeanor or a felony be placed on the judgment or docket
sheet. This requirement applies only to convictions had on or
after 1 September 1987.
If the fingerprint appears on a judgment sheet or an order for
probation that is incorporated directly into the Criminal Minutes
[1600-07] or the County Court Minutes [1650-06] none of the retention
periods listed in Part 3 of this schedule is affected, but if
the only copy of the fingerprint appears on a document in either
of the following two categories, then the document must be retained
20 years after final judgment or after last entry, as applicable.
Category 1 - On a docket sheet in the Criminal Docket [1600-05]
or the Criminal File Docket, Type IV [1600-06], or on a separate
docket sheet filed with the Criminal Case Papers [1600-04].
Category 2 - On a judgment or an order for probation filed
with the Criminal Case Papers [1600-04] and not directly incorporated
into the Criminal Minutes [1600-07] or the County Court Minutes
[1650-06].
The 20 year retention required for documents in Categories 1
and 2 apply only to those documents or portions of a docket, judgment,
or order created on or after 1 September 1987 and containing the
only copy of the fingerprints of convicted persons. It does not
apply to any documents in the same categories created on or before
31 August 1987.
e) RETENTION OF CIVIL EXHIBITS AND DEPOSITIONS - Exhibits and
depositions in civil cases must be retained and disposed of in
accordance with the following orders of the Texas Supreme Court,
unless a county has obtained a modified order from the Supreme
Court amending the procedure for that county.
1) Exhibits: In compliance with the provisions of Rule 14b,
the Supreme Court hereby directs that exhibits offered or admitted
into evidence shall be retained and disposed of by the clerk
of the court in which the exhibits are filed upon the following
basis.
This order shall apply only to: (1) those cases in which judgment
has been rendered on service of process by publication and in
which no motion for new trial was filed within two years after
judgment was signed; and, (2) all other cases in which judgment
has been signed for one year and in which no appeal was perfected
or in which a perfected appeal was dismissed or concluded by
a final judgment as to all parties and the issuance of the appellate
court's mandate such that the case is no longer pending on appeal
or in the trial court.
After first giving all attorneys of record thirty days written
notice that they have an opportunity to claim and withdraw the
trial exhibits, the clerk, unless otherwise directed by the
court, may dispose of the exhibits. If any such exhibit is desired
by more than one attorney, the clerk shall make the necessary
copies and prorate the cost among all the attorneys desiring
the exhibit.
If the exhibit is not a document or otherwise capable of reproduction,
the party who offered the exhibit shall be entitled to claim
same; provided, however, that the party claiming the exhibit
shall provide a photograph of said exhibit to any other party
upon request and payment of the reasonable cost thereof by the
other party.
2) Deposition Transcripts and Depositions Upon Written Questions:
In compliance with the provisions of Rule 209, the Supreme Court
hereby directs that deposition transcripts and depositions upon
written questions be retained and disposed of by the clerk of
the court in which the same are filed upon the following basis.
This order shall apply only to: (1) those cases in which judgment
has been rendered on service of process by publication and in
which no motion for new trial was filed within two years after
judgment was signed; and, (2) all other cases in which judgment
has been signed for one year and in which no appeal was perfected
or in which a perfected appeal was dismissed or concluded by
a final judgment as to all parties and the issuance of the appellate
court's mandate such that the case is no longer pending on appeal
or in the trial court.
After first giving all attorneys of record written notice
that they have an opportunity to claim and withdraw the same,
the clerk, unless otherwise directed by the court, may dispose
of them thirty days after giving such notice. If any such document
is desired by more than one attorney, the clerk shall make the
necessary copies and prorate the cost among all the attorneys
desiring the document.
*f) RETENTION OF CRIMINAL EXHIBITS - Exhibits in criminal cases
in which a person was convicted must be retained and disposed
of in accordance with the following provisions of the Texas Code
of Criminal Procedure, art. 2.21:
1) To be eligible for disposal the exhibit must not be contraband
or a firearm, must not have been ordered by the court to be
returned to its owner, and is not an exhibit in another pending
criminal action.
2) An eligible exhibit may be disposed of on or after the
first anniversary of the date on which a conviction becomes
final in the case, if the case is a misdemeanor or a felony
for which the sentence imposed by the court is five years or
less; or on or after the second anniversary of the date on which
a conviction becomes final in the case, if the case is a non-capital
felony for which the sentence imposed by the court is greater
than 5 years.
3) Prior to disposal, county and district clerks in a county
with a population of less than 1.7 million must provide written
notice by mail to the attorney representing the state and the
attorney representing the defendant of the intent to dispose.
If a request for return is not received from either attorney
before the 31st day after the date of notice, the clerk may
dispose of the exhibit.
4) County and district clerks in a county with a population
of 1.7 million or more may dispose of an eligible exhibit on
the date provided in (2) if on that date the clerk has not received
a request for the exhibit from either the attorney representing
the state or the attorney representing the defendant.
return to top
Section 3-1: Civil Case Records
1575-01 Appearance Docket (Call Docket) - Docket books
or sheets of civil suits filed in a county court used to call cases
on appearance day. RETENTION: 3 years.
1575-02 Civil Bar Docket - Docket books or sheets of civil
suits filed for the use of attorneys. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
1575-03 Civil Case Papers - Documents relating to civil
suits (including pre-trial, preliminary, or interlocutory proceedings
or hearings) and of scire facias and ancillary civil proceedings,
except condemnation suits (see 1575-07).
a) Cases dismissed on motion of plaintiff, for want of prosecution,
or for other reasons within the court's power. RETENTION: Dismissal
+ 3 years.
*b) All other cases. See retention note.
Retention Notes: a) Final judgment + 12 years or, if
applicable to the case, 12 years from date judgment revived,
whichever longer, provided that at the time of disposal (1)
no discovery proceedings are underway in the case and (2) the
judgment and mandate (if applicable) have been entered of record
in a permanent minute book of the court.
b) Prior to disposal, civil case papers shall be appraised
by the records management officer for historical value and those
determined by the records management officer to merit retention
for historical reasons must be retained permanently. Some civil
case papers may merit permanent retention because they provide
significant documentation of the history of the local community.
c) Exhibits and depositions. RETENTION: See retention note (e)
(Part 3: County Clerk as Clerk of County Court). (Exempt from
destruction request to the Texas State Library)
*d) Bills of cost under both (a) and (b). RETENTION: FE of final
payment + 3 years.
*e) Transcripts and statements of fact from the county court
on appeal. RETENTION: AV. (Exempt from destruction request to
the Texas State Library).
*f) Citations, waivers of citation, subpoenas, witness attachments,
returns, and applications for such process. RETENTION: 3 years
after final judgment rendered or proceedings otherwise terminated
in the case.
*g) Appeal, cost, supersedeas, or similar surety bonds or certificates
of deposit or affidavits in lieu thereof. RETENTION: 3 years after
final judgment rendered or proceedings otherwise terminated in
the case.
1575-04 Civil Docket.CIVIL DOCKET. RETENTION: PERMANENT.
[By rule of court - Rules of Civil Procedure, Rule 26.]
1575-05 Civil File Docket (Civil Docket-Pending) - Original
entry docket books or sheets of civil cases.
a) TYPE I - File docket, which does not contain an account of
fees due, whose contents are transcribed into a docket of disposed
cases after adjudication. RETENTION: AV after transcription. (Exempt
from destruction request to the Texas State Library)
b) TYPE II - File docket, which does contain an account of fees
due, whose contents, except those relating to fees, are transcribed
into a docket of disposed cases after adjudication. RETENTION:
FE + 5 years.
c) TYPE III - Non-transferred sheets of a file docket, which
does not contain an account of fees due, whose sheets are transferred
to a docket of disposed cases as the case moves from pending to
disposed. RETENTION: 3 years.
d) TYPE IV - File docket, which may or may not contain an account
of fees due, whose contents are not transcribed or whose sheets
are not transferred, but which serves as a combination pending
and disposed docket. RETENTION: PERMANENT. [By rule of court -
Rules of Civil Procedure, Rule 26.]
1575-06 Civil Minutes. RETENTION: PERMANENT.
1575-07 Condemnation Case Papers (Eminent Domain Case Papers)
a) Cases dismissed on motion of plaintiff, for want of prosecution,
or for other reasons within the court's power. RETENTION: Dismissal
+ 3 years.
*b) All other cases. See retention note.
Retention Note: Condemnation case papers must be retained
for 12 years after entry of judgment approving award on the
court minutes in the absence of objection or after final judgment
rendered or proceedings otherwise terminated in court in trial
of the cause, whichever applicable, except if suit is dismissed
on motion of condemnor, the award of the special commissioners
must be retained PERMANENTLY or, if it is entered of record
in any subsequent suit, until the expiration of the retention
period applicable to the records of that suit, whichever sooner.
c) Exhibits and depositions. RETENTION: See retention note (e)
(Part 3: County Clerk as Clerk of County Court). (Exempt from
destruction request to the Texas State Library)
*d) Bills of cost under both (a) and (b). RETENTION: FE of final
payment + 3 years.
*e) Transcripts and statements of fact from the county court
on appeal. RETENTION: AV. (Exempt from destruction request to
the Texas State Library).
*f) Citations, waivers of citation, subpoenas, witness attachments,
returns, and applications for such process. RETENTION: 3 years
after final judgment rendered or proceedings otherwise terminated
in the case.
*g) Appeal, cost, supersedeas, or similar surety bonds or certificates
of deposit or affidavits in lieu thereofRETENTION: 3 years after
final judgment rendered or proceedings otherwise terminated in
the case.
1575-08 Jury Docket (Jury Trial Docket) - Docket books
or sheets of civil suits in which juries have been requested. RETENTION:
PERMANENT. [By rule of court - Rules of Civil Procedure, Rule 26.]
1575-09 Subpoenas - Stub books, copies, or recorded copies
of civil subpoenas issued. RETENTION: 2 years.
return to top
Section 3-2: Criminal Case Records
1600-01 Bail Bond Record - Record of bail or recognizance
bonds set or taken. RETENTION: 3 years.
1600-02 Capiases - Stub books or copies of capaises and
summonses issued. RETENTION: 2 years.
1600-03 Criminal Bar Docket (State Bar Docket) - Docket
books or sheets of criminal cases filed for the use of attorneys.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
1600-04 Criminal Case Papers - Documents relating to criminal
cases.
a) DWI and DUID cases.
1) Dismissed cases or cases in which defendant acquitted.
RETENTION: Date of dismissal or acquittal + 5 years, as applicable.
2) Cases in which defendant convicted. RETENTION: Final judgment
+ 10 years, but see retention note (d) (Part 3: County Clerk
as Clerk of County Court).
b) All other cases. RETENTION: Date of dismissal or final judgment
+ 5 years, as applicable, but see retention note (d) (Part 3:
County Clerk as Clerk of County Court).
c) Exhibits. RETENTION: See retention note (f) (Part 3: County
Clerk as Clerk of County Court). (Exempt from destruction request
to the Texas State Library)
*d) Bills of cost. RETENTION: FE of final payment + 5 years.
*e) Transcripts and statements of fact from the county court
on appeal. RETENTION: Receipt of mandate + 3 years.
*f) Pre-sentence investigation reports. RETENTION: Final judgment
+ 2 years.
*g) Warrants, capiases, summonses, subpoenas, witness attachments,
returns, and applications for such process. RETENTION: 3 years
after final judgment rendered or proceedings otherwise terminated
in the case.
*h) Bail, personal, appeal, peace, cost, and other surety bonds,
or certificates of deposit or affidavits in lieu thereof. RETENTION:
3 years after final judgment rendered or proceedings otherwise
terminated in the case.
1600-05 Criminal Docket. RETENTION: 5 years, but see retention
note (d) (Part 3: County Clerk as Clerk of County Court).
1600-06 Criminal File Docket (Criminal Docket-Pending)
- Original entry docket books or sheets of criminal cases.
a) TYPE I - File docket, which does not contain an account of
fees due, whose contents are transcribed into a Criminal Docket
[1600-05] after adjudication. RETENTION: AV after transcription.
(Exempt from destruction request to the Texas State Library)
b) TYPE II - File docket, which does contain an account of fees
due, whose contents, except that relating to fees, are transcribed
into a Criminal Docket [1600-05] after adjudication. RETENTION:
FE + 5 years.
c) TYPE III - Non-transferred sheets of file docket, which does
not contain an account of fees due, whose sheets are transferred
to a Criminal Docket [1600-05] as the case moves from pending
to disposed. RETENTION: 3 years.
d) TYPE IV - File docket, which does contain an account of fees
due, whose contents are not transcribed or whose sheets are not
transferred, but which serves as a combination file docket, criminal
docket, and fee book. RETENTION: FE + 5 years, but see retention
note (d) (Part 3: County Clerk as Clerk of County Court).
1600-07 Criminal Minutes. RETENTION: PERMANENT.
1600-08 Probation Minutes. RETENTION: PERMANENT.
1600-09 Subpoenas (Criminal) - Stubs books, copies, or
recorded copies of subpoenas issued. RETENTION: 2 years.
1600-10 Witness Attachments - Stub books, copies, or recorded
copies of attachment writs issued. RETENTION: 2 years.
1600-11 Witness Record (Witness Docket) - Register of witnesses
subpoenaed, attached, or recognized in criminal cases. RETENTION:
3 years.
return to top
Section 3-3: Probate Records
1625-01 Annual Account Record (Probate Account Record)
- Recorded annual or final reports or exhibits of account of executors,
administrators, and guardians. RETENTION: PERMANENT.
1625-02 Apprenticeship Record - Record of the apprenticeship
of minors. RETENTION: PERMANENT.
1625-03 Community Property Docket - Docket books or sheets
of probate cases involving the administration of community property
due to the death or incompetence of a spouse. RETENTION: PERMANENT.
[By rule of court - Rules of Civil Procedure, Rule 26]
1625-04 Community Property Minutes - Record of the proceedings
of the county court in cases involving the administration of community
property due to the death or incompetence of a spouse. RETENTION:
PERMANENT.
1625-05 Guardians' Claim Docket - Register of claims on
estates of persons under guardianship. RETENTION: PERMANENT. [By
rule of court - Rules of Civil Procedure, Rule 26.]
1625-06 Guardians' Docket - Docket books or sheets of cases
involving the appointment of guardians. RETENTION: PERMANENT. [By
rule of court - Rules of Civil Procedure, Rule 26.]
1625-07 Guardianship Minutes (Guardianship Record). RETENTION:
PERMANENT.
1625-08 Inventory Record (Probate Inventory Record) - Recorded
inventories and appraisements of property in probate cases. RETENTION:
PERMANENT.
1625-09 Probate Bond Record (Probate Bond Docket) - Recorded
bonds and qualifying oaths of executors, administrators, and guardians.
RETENTION: PERMANENT. [By rule of court - Rules of Civil Procedure,
Rule 26.]
*1625-10 Probate Case Papers - Original case papers, including
wills, of matters within the jurisdiction of a county court as probate
court. RETENTION: PERMANENT.
1625-11 Probate Claim Docket - Register of claims against
estates of decedents or of those under guardianship. RETENTION:
PERMANENT. [By rule of court - Rules of Civil Procedure, Rule 26.]
1625-12 Probate Docket. RETENTION: PERMANENT. [By rule
of court - Rules of Civil Procedure, Rule 26.]
1625-13 Probate File Docket (Probate Docket-Pending) -
Original entry docket books or sheets of probate cases. RETENTION:
Follow retention periods for Civil File Docket [1575-05].
1625-14 Probate Minutes. RETENTION: PERMANENT.
1625-15 Probate Record (Final Probate Record) - Recorded
documents filed in probate cases. RETENTION: PERMANENT.
1625-16 Reports of Sale Record - Recorded reports of sale
of property from estates submitted by executors, administrators,
or guardians. RETENTION: PERMANENT.
1625-17 Small Estates Affidavits - Affidavits filed by
the distributees of small estates.
a) Originals of affidavits that have been recorded in the Small
Estates Record [1625-19]. RETENTION: 1 year after estate settled
and closed.
b) Originals of affidavits that have not been recorded in the
Small Estates Record [1625-19]. RETENTION: PERMANENT.
1625-18 Small Estates Docket - Docket books or sheets of
hearings to approve small estates affidavits. RETENTION: PERMANENT.
[By rule of court - Rules of Civil Procedure, Rule 26.]
1625-19 Small Estates Record - Recorded affidavits filed
by the distributees of small estates. RETENTION: PERMANENT.
1625-20 Vital Statistics Docket or Minutes (Probate Birth
Docket or Minutes; Delayed Birth Docket or Minutes) - Docket books
or sheets or minutes of hearings on applications for the issuance
of delayed birth or death certificates or for the issuance of certified
copies of illegitimate birth certificates heard. RETENTION: PERMANENT.
[By rule of court - Rules of Civil Procedure, Rule 26.]
1625-21 Vital Statistics Case Papers (Probate Birth Case
Papers; Delayed Birth Case Papers)- Documents relating to hearings
on the issuance of delayed birth or death certificates or certified
copies of illegitimate birth certificates. RETENTION: 2 years from
date application denied or order for registration issued.
1625-22 Will Record - Recorded copies of wills. RETENTION:
PERMANENT.
return to top
Section 3-4: Multi-Case/Multi-Court Records
1650-01 Appeal Record (Transcript Docket) - Record or register
of civil, criminal, or probate cases appealed to a higher court.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
1650-02 Attorneys' Order Book (Citation Record) - Record
of attorneys' requests for the issuance of legal papers. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
1650-03 Attorneys' Receipt Book - Attorneys' receipts for
documents temporarily withdrawn from custody of the court. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
1650-04 County Court Docket - Combined form of the Civil
Docket [1575-04] and the Criminal Docket [1600-05]. RETENTION: PERMANENT.
[By rule of court - Rules of Civil Procedure, Rule 26.]
1650-05 County Court File Docket (County Court Docket-Pending)
- Original entry docket books or sheets of civil, criminal, and
probate cases. RETENTION: Follow retention periods for Civil File
Docket [1575-05].
1650-06 County Court Minutes (Civil and Criminal Minutes).
RETENTION: PERMANENT.
1650-07 Deposition Record - Record or register of depositions
filed. RETENTION: AV. (Exempt from destruction request to the Texas
State Library)
1650-08 Execution Docket - Record of executions issued
to enforce judgments. RETENTION: PERMANENT. [By rule of court -
Rules of Civil Procedure, Rule 26.]
1650-09 Motion Docket - Docket books or sheets recording
motions filed by attorneys.
a) Combined civil/criminal motion docket. RETENTION: PERMANENT.
[By rule of court - Rules of Civil Procedure, Rule 26.]
b) Separate civil motion docket. RETENTION: PERMANENT. [By rule
of court - Rules of Civil Procedure, Rule 26.]
c) Separate criminal motion docket. RETENTION: 5 years.
1650-10 Scire Facias Docket (Bond Forfeiture Docket). RETENTION:
PERMANENT. [By rule of court - Rules of Civil Procedure, Rule 26.]
1650-11 Scire Facias Minutes (Bond Forfeiture Minutes).
RETENTION: PERMANENT.
1650-12 Shorthand Notes of Official Court Reporters - Shorthand
notes of official court reporters. RETENTION: Date notes taken +
3 years. [By law - Government Code, Section 52.046(a)(4).]
Retention Note: Court reporters must, by law, retain their
notes in all manner of cases for three years from the date on
which they were taken. While the responsibility for preserving
the notes lies with the court reporter, in many counties reporters
have left office and left their notes with the county clerk or
in storage in county buildings. These notes may be disposed of
after the expiration of the retention period.
return to top
Section 3-5: Jury Records
1675-01 Jury Lists - Lists of persons chosen for service
in district, county, or justice courts, including lists of persons
whose service has been postponed and defendants' and plaintiffs'
lists. RETENTION: 1 year. (Exempt from destruction request to the
Texas State Library)
1675-02 Jury Time Book (Jury Record) - Record of persons
serving on county or justice court juries. RETENTION: FE + 3 years.
1675-03 Statements of Exemption From Jury Duty - Statements
by persons claiming temporary or permanent exemption from jury duty
on statutory grounds, including any statements of rescission of
such claims.
a) Statements requesting permanent exemption. RETENTION: AV after
notification sent to tax assessor-collector. (Exempt from destruction
requirement)
b) Statements requesting temporary exemption. RETENTION: 1 year.
(Exempt from destruction request to the Texas State Library)
*1675-04 Juror Questionnaires - Forms completed by jurors
reporting for jury duty. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
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*Section 3-6: Juvenile Records
*Special Note: This section remains in effect until the
effective date of adoption of Local Schedule JR (Juvenile Records)
by the Texas State Library and Archives Commission by an amendment
to 13 TAC 7.125.
Prefatory Note: Juvenile court records are subject to sealing
pursuant to Texas Family Code, Section 51.16. While sealing restricts
access to the records, it does not affect the minimum retention
periods set down in this section nor the destruction of such records
following the expiration of those periods.
1700-01 Dependent Juvenile Record - Proceedings of a county
court in hearings from 1907 to 1918 involving dependent or neglected
children. RETENTION: PERMANENT.
1700-02 Juvenile Case Papers - Documents relating to juvenile
detention, transfer, adjudication, or disposition proceedings, including
all records transferred to the court by law enforcement or other
agencies under sealing order issued by the court.
Retention Note: The retention periods set out below are
divided into two groups - those dealing with records arising from
a juvenile delinquency or offense committed on or before 31 August
1987 and those dealing with records arising from a juvenile delinquency
or offense committed on or after 1 September 1987. The Texas Legislature
has determined that an offense occurs on or after 1 September
1987 if all the elements of the offense occur on or after that
date.
a) Records concerning delinquent conduct or offenses committed
on or before 31 August 1987:
1) Fingerprint cards and photographs only:
A) If a petition alleging that the juvenile engaged in delinquent
conduct or conduct indicating a need for supervision is not
filed, the proceedings are dismissed, the juvenile is found
not to have engaged in the alleged conduct, or the juvenile
is found to have engaged in the conduct but has reached the
age of 18 and there is no record that he or she committed
a criminal offense after reaching the age of 17. RETENTION:
Must be destroyed immediately upon fulfillment of any of the
conditions listed. [By law - Family Code, Section 51.15(e)
before 1987 amendment. (Exempt from destruction request to
the Texas State Library)
B) If the juvenile is found to have engaged in the conduct,
has reached the age of 18, but there is a record that he or
she committed an offense after reaching the age of 17. RETENTION:
Follow the retention period for (a)(2)(A) or (B), as applicable.
2) All other case papers:
A) If the person has reached the age of 23 and has not been
convicted of a felony as an adult. RETENTION: See retention
note. [By law - Family Code, Section 51.16(i).] (Exempt from
destruction request to the Texas State Library)
Retention Note: State law requires that the records
can only be destroyed at this point by the court's own motion
or upon a motion by the person in whose name the files or
records are kept. County clerks wishing to dispose of juvenile
case papers at the expiration of the retention period prescribed
under these circumstances should petition the court for an
order directing that the records be destroyed. County clerks
may dispose of juvenile case papers on their own initiative
only according to the retention period set out in (a)(2)(B).
B) If the person has reached the age of 23 and he or she
has been convicted of a felony as an adult; or if the person
has reached the age of 23, has not been convicted of a felony
as an adult, but the court on its own or another's motion
has not ordered the destruction of the papers. RETENTION:
Until the individual is 33.
b) Records concerning delinquent conduct or offenses committed
on or after 1 September 1987:
1) Fingerprint cards and photographs only:
A) If a petition alleging that the juvenile engaged in delinquent
conduct or conduct indicating a need for supervision is not
filed, the proceedings are dismissed, or the juvenile is found
not to have engaged in the alleged conduct; or the juvenile
is found to have engaged in the conduct but has reached the
age of 18, is not subject to commitment to the Texas Youth
Commission or to transfer under a determinate sentence to
the Texas Department of Corrections and there is no record
that he or she committed a criminal offense after reaching
the age of 17; or the person is older than 18 years, at least
three years have elapsed after the person's release from commitment,
and there is no evidence that he or she committed a criminal
offense after the release. RETENTION: Must be destroyed immediately
upon fulfillment of any of the conditions listed. [By law
- Family Code, Section 51.15(e).] (Exempt from destruction
request to the Texas State Library)
B) If the juvenile is found to have engaged in conduct involving
a violation of the penal code of a grade other than a felony,
has reached the age of 18, but there is a record that he or
she committed an offense after reaching the age of 17. RETENTION:
Follow the retention periods in (b)(2)(A) or (B), as applicable.
C) If the juvenile is found to have engaged in conduct involving
a violation of the penal code of the grade of felony. RETENTION:
Follow the retention period in (b)(2)(C).
2) All other case papers:
A) If the person has reached the age of 23, was adjudged
delinquent based on the violation of a penal law other than
the grade of felony, and has not been convicted of a felony
as an adult. RETENTION: See retention note. [By law - Family
Code, Section 51.16(I).] (Exempt from destruction request
to the Texas State Library)
Retention Note: State law requires that the records
can only be destroyed at this point by the court's own motion
or upon a motion by the person in whose name the files or
records are kept. County clerks wishing to dispose of juvenile
case papers at the expiration of the retention period prescribed
under these circumstances should petition the court for an
order directing that the records be destroyed. County clerks
may dispose of juvenile case papers on their own initiative
only according to the retention period set out in (2)(B) or
(C).
B) If the person has reached the age of 23, was adjudged
delinquent based on the violation of a penal law other than
the grade of felony, but he or she has been convicted of a
felony as an adult; or if the person has reached the age of
23, has not been convicted of a felony as an adult, but the
court on its own or another's motion has not ordered the destruction
of the papers. RETENTION: Until the individual is 33.
C) If the case papers concern an adjudication of delinquency
based on the violation of a penal law of the grade of felony.
RETENTION: Date of judgment in disposition hearing + 25 years.
3) Audio or videotapes of release hearings. RETENTION: Date
of final judgment in release hearing + 2 years. [By law - Family
Code, Section 54.11(g).]
1700-03 Juvenile Court Docket. RETENTION: 5 years.
1700-04 Juvenile Record (Juvenile Court Minutes). RETENTION:
PERMANENT.
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Section 3-7: Records of Commitment and Admission
To State Care
1725-01 Alcoholism Case Papers - Documents relating to
alcoholic commitment cases. RETENTION: 5 years after final judgment
on grant or denial of petition for commitment.
1725-02 Alcoholism Docket. RETENTION: PERMANENT. [By rule
of court - Rules of Civil Procedure, Rule 26.]
1725-03 Alcoholism Minutes. RETENTION: PERMANENT.
1725-04 Cancer and Pellagra Applications - Documents filed
with the county judge by or on behalf of persons seeking admission
to state hospitals for the treatment of cancer or pellagra. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1725-05 Crippled Children Applications - Documents filed
with the county judge seeking hospitalization and medical care for
crippled children. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1725-06 Crippled Children Docket. RETENTION: Destroy at
option.(Exempt from destruction request to the Texas State Library)
1725-07 Crippled Children Minutes. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1725-08 Epileptic Applications - Documents filed with the
county judge by or on behalf of persons seeking admission to the
Abilene State Hospital. RETENTION: Destroy at option. (Exempt from
destruction request to the Texas State Library)
1725-09 Epileptic Docket. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1725-10 Epileptic Minutes. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1725-11 Mental Illness Case Papers (Lunacy Case Papers)
- Documents relating to the temporary or extended commitment under
civil or criminal law of mentally ill persons (including juveniles)
heard in county court.
a) Cases in which application for commitment denied or judgment
against commitment issued by court. RETENTION: Final judgment
+ 5 years.
b) Cases in which application for commitment granted or judgment
for commitment rendered and the date of death or discharge from
hospitalization or outpatient services is known. RETENTION: Date
of death or discharge + 10 years.
c) Cases in which application for commitment granted or judgment
for commitment rendered and date of death or discharge from hospitalization
or outpatient services is not known. RETENTION: Date of commitment
+ 50 years.
1725-12 Mental Illness Docket (Lunancy Docket). RETENTION:
PERMANENT. [By rule of court - Rules of Civil Procedure, Rule 26.]
1725-13 Mental Illness Minutes (Lunacy Minutes). RETENTION:
PERMANENT.
1725-14 Mental Retardation Case Papers - Documents relating
involving the civil or criminal commitment or transfer of mentally
retarded persons (including juveniles) to residential care facilities
or state mental hospitals.
a) Cases in which application for commitment denied or judgment
against commitment issued. RETENTION: Final judgment + 5 years.
b) Cases in which application for commitment granted or judgment
for commitment rendered and date of death or discharge of the
patient is known. RETENTION: Date of death or discharge + 10 years.
c) Cases in which application for commitment is granted or judgment
for commitment rendered and date of death or discharge of the
patient is not known. RETENTION: Date of commitment + 50 years.
1725-15 Mental Retardation Docket (Feebleminded Docket).
RETENTION: PERMANENT. [By rule of court - Rules of Civil Procedure,
Rule 26.]
1725-16 Mental Retardation Minutes (Feebleminded Minutes).
RETENTION: PERMANENT.
1725-17 Narcotics Addiction Case Papers - Documents relating
to narcotics addiction commitment cases.
a) Cases in which petition for commitment denied. RETENTION:
5 years.
b) Cases in which petition for commitment granted and date of
death or discharge of patient is known. RETENTION: Discharge of
patient + 5 years.
c) Cases in which petition for commitment granted and date of
death or discharge of patient is not known. RETENTION: Date of
commitment + 10 years.
*1725-17a Narcotics Addiction Docket. RETENTION: PERMANENT.
[By rule of court - Rules of Civil Procedure, Rule 26.]
1725-18 Narcotics Addiction Minutes. RETENTION: PERMANENT.
1725-19 Tuberculosis Applications - Documents filed with
the county judge by or on behalf of persons seeking admission to
state chest hospitals. RETENTION: Destroy at option. (Exempt from
destruction request to the Texas State Library)
1725-20 Tuberculosis Docket - Dockets books or sheets setting
hearings by the county judge on tuberculosis applications. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1725-21 Tuberculosis Minutes. RETENTION: PERMANENT.
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Section 3-8: Naturalization Records
1750-01 Declaration of Intention Record - Bound or filed
originals or recorded copies of declarations of intention to become
citizens filed by aliens. RETENTION: PERMANENT.
1750-02 Naturalization Papers - Petitions for naturalization,
oaths of allegiance, witness affidavits, and orders granting or
denying citizenship submitted by aliens or their witnesses. RETENTION:
PERMANENT.
1750-03 Naturalization Record - Proceedings involving naturalization.
RETENTION: PERMANENT.
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Section 3-9: Liquor Licensing Records
*1775-01 Beer and Wine License Application Records - Applications
submitted to the county judge for wine and beer retail permits or
for licenses to manufacture, distribute, or sell beer within the
county. RETENTION: 2 years.
1775-02 Beer and Wine License Docket - Docket books or
sheets setting hearings on applications for beer or wine licenses
or permits. RETENTION: 10 years.
1775-03 Liquor License Application Records - Original applications
for retail malt or spiritous liquor licenses. Destroy at option.
(Exempt from destruction request to the Texas State Library)
1775-04 Liquor License Docket (Liquor Dealers Docket) -
Docket of applications for retail malt or spiritous liquor licenses.
a) If the Liquor License Record [1775-05] for the same period
has survived. RETENTION: Destroy at option.
b) If the Liquor License Record [1775-05] for the same period
has not survived. RETENTION: PERMANENT.
1775-05 Liquor License Record (Liquor Dealers Judgment
Record) - Proceedings of county court on applications for retail
malt or spiritous liquor licenses. RETENTION: PERMANENT.
1775-06 Notices of Application for Alcoholic Beverage Permits
- Notices to the county judge from the Texas Alcoholic Beverage
Commission or its predecessors of applications for permits made
directly to the Commission. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
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Section 3-10: Fee and Administrative Records
1800-01 Cash Receipts - Receipt books or copies of receipts
upon payment of fees, fines, or costs in civil, criminal, probate
or other cases; or for the deposit of trust funds.
a) Criminal receipts.
1) If county has an auditor. RETENTION: Transferred to auditor
when all receipts issued. [By law - Code of Criminal Procedure,
Section 103.011.]
2) If the county does not have an auditor. RETENTION: FE +
5 years.
b) All other county court receipts. RETENTION: FE + 3 years.
1800-02 Cost Deposit Record - Journal, ledger, ledger cards,
or similar records of receipts to and disbursements from monies
deposited with the county clerk to cover costs in civil and probate
proceedings. RETENTION: FE + 5 years.
1800-03 Court Reporter Reports - Monthly reports submitted
by court reporters to the presiding judge of a county court. RETENTION:
1 year. (Exempt from destruction request to the Texas State Library)
1800-04 Fee Book - Fee books or sheets showing accounts
of fees or costs accrued in cases heard in a county court. RETENTION:
FE + 5 years.
1800-05 [Withdrawn, see 1800-04]
1800-06 Jury Certificates - Stubs or copies of jury certificates
issued. RETENTION: FE + 3 years.
1800-07 Texas Judicial Council, Statistical Reports to.
RETENTION: 3 years.
1800-08 Trust Fund Record - Journal, ledger, or similar
record of receipts to and disbursements from trust funds, including
those involving restitution by persons on probation. RETENTION:
FE + 5 years.
1800-09 Witness Affidavits and Certificates (Witness Fee
Claims) - Copies or stub books of affidavits or statements by persons
or assignees claiming compensation for service as witnesses. RETENTION:
FE + 3 years.
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Section 3-11: Miscellaneous Court Records
1810-01 Motor Carrier Convictions, Reports of Record of
- Copies of reports to the State Comptroller of fines assessed and
collected for violations of the Motor Carrier Act. RETENTION: AV.
(Exempt from destruction request to the Texas State Library)
1810-02 Traffic Conviction Abstracts - Copies of abstracts
submitted to the Department of Public Safety pertaining to traffic
violations. RETENTION: AV. (Exempt from destruction request to the
Texas State Library)
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Part 4: Official Public Records of County
Clerks
Prefatory Note:
The Local Government Code, Section 193.008, provides that county
clerks who microfilm must divide instruments received for filing,
registering, or recording in classes specified by statute for recording
on microfilm. The Local Government Code, Section 193.002(a), permits
clerks who do not microfilm to divide and maintain instruments in
the same manner. The records series titles contained in this part
are those prescribed by statute.
1820-01 Official Public Records of Real Property. RETENTION:
PERMANENT.
1820-02 Official Public Records of Personal Property and
Chattels. RETENTION: PERMANENT.
1820-03 Official Public Records of Probate Courts. RETENTION:
PERMANENT.
1820-04 Official Public Records of County Civil Courts.
RETENTION: PERMANENT.
1820-05 Official Public Records of County Criminal Courts.
RETENTION: PERMANENT.
1820-06 Official Public Records of Commissioners Court
RETENTION: PERMANENT.
1820-07 Official Public Records of Governmental, Business,
and Personal Matters. RETENTION: PERMANENT.
1820-08 Official Public Records - A combination of Official
Records of Real Property [1820-01] and Official Public Records of
Governmental, Business, and Personal Matters [1820-07]. RETENTION:
PERMANENT.
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Part 5: Records of the County Surveyor
Prefatory Note: State law provides that when the office
of county surveyor is vacant or has been abolished the county clerk
shall take custody of the records of the county surveyor and assume
the recording duties of that office.
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Section 5-1: Survey Records
1825-01 Affidavits of Loss or Destruction of Field Notes.
RETENTION: 1 year. (Exempt from destruction request to the Texas
State Library)
1825-02 Enclosed School Land Reports - Copies of annual
reports to commissioners court on number of sections of school land
sold and enclosed during the year in county. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1825-03 Field Notes - Original field notes of surveys of
public land. RETENTION: PERMANENT.
Retention Note: If it is determined that the field notes
have been recorded in the Survey Record [1825-06] and sets of
such original field notes have been sent to the General Land Office
or to the agencies, persons, or companies that ordered the survey
as required by law or dictated by the customary practices of surveying,
the field notes may be destroyed at option and are exempt from
destruction request to the Texas State Library. Rough field notes
or other notes or papers used in the preparation of formal field
notes may also be destroyed at option and are also exempt.
1825-04 Maps and Plats - Maps of county lands and rights
of way, plats and profiles of surveys, and all other maps and plats
used or created by the county surveyor.
a) Plats and maps that are recorded in the Survey Record [1825-06]
or the Plat Record [1275-17]. RETENTION: AV. (Exempt from destruction
request to the Texas State Library)
b) Plats and maps that are not recorded in the Survey Record
[1825-06] or the Plat Record [1275-17]. RETENTION: PERMANENT.
1825-05 Record of Applications for Survey, Lease, or Purchase
of Public Lands - Recorded applications and supporting documentation
for the survey, lease, or purchase of public land. RETENTION: 2
years.
1825-06 Survey Record (Record of Field Notes) - Recorded
copies of field notes and plats of surveys of public land. RETENTION:
PERMANENT.
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Section 5-2: Fee and Administrative Records
1850-01 Annual Fee Reports. RETENTION: AV. (Exempt from
destruction request to the Texas State Library)
1850-02 Cash Receipts. RETENTION: FE + 3 years.
1850-03 Daily Cash Book or Reports. RETENTION: FE + 3 years.
1850-04 Deposit Warrants - Copies of deposit warrants issued
by the county clerk or the county treasurer for monies deposited
in any funds or accounts of the county surveyor. RETENTION: FE +
3 years.
1850-05 Fee Book. RETENTION: FE + 5 years.
1850-06 Legal Opinions - Copies of legal opinions rendered
to the county surveyor by the county attorney or the district attorney.
RETENTION: AV. (Exempt from destruction request to the Texas State
Library)
1850-07 Monthly Expense Reports. RETENTION: AV. (Exempt
from destruction request to the Texas State Library)
1850-08 [Withdrawn]
*1850-09 Open Records Requests - Written open records requests,
including those sent by electronic mail or facsimile, submitted
to a county surveyor, including correspondence and other documentation
relating to the requests.
a) Approved requests. RETENTION: Approval of request + 1 year.
[Exempt from destruction request to the Texas State Library]
b) Denied requests. RETENTION: Denial of request + 2 years.
1850-10 Records Management Records
a) Records control schedules (including all successive versions
of or amendments to schedules). RETENTION: PERMANENT.
b) Records destruction documentation - Records documenting the
destruction of records under records control schedules, including
requests submitted to the Texas State Library and Archives Commission
for authorization to destroy unscheduled records or the originals
of permanent records that have been microfilmed. RETENTION: PERMANENT.
c) Records inventories - Lists or inventories of the active
and inactive records created or received by a county office. RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
d) Records management plans and policy documents - Plans and
similar documents establishing the policies and procedures under
which a records management program operates. RETENTION: US + 5
years.
1850-11 Reports of Collections (Monthly Fee Reports). RETENTION:
AV. (Exempt from destruction request to the Texas State Library)
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Part 6: Records of the County Superintendent
of Schools and County Boards of School Trustees [Abolished Offices
and Boards Only]
Prefatory Note: Texas Education Code, Section 17.95, effective
31 December 1978, abolished the county board of school trustees
and the office of county superintendent of schools in counties without
common or rural school districts. The board and/or the office can
be continued through ad valorem taxation or by contract among the
independent school districts of a county.
This schedule applies only to the records of boards and offices
abolished 31 December 1978 or earlier. For records of active offices
of the county superintendent of schools see Local Schedule SD (Records
of Public School Districts).
The retention periods set down in this section must be followed
by the county clerk, the county judge, the county treasurer, or
any other county officer who has custody of any of the records of
abolished offices listed in this section.
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Section 6-1: Records of Proceedings
1875-01 Election Record (School Trustees). RETENTION: PERMANENT.
1875-02 Minutes of the County Board of School Trustees.
RETENTION: PERMANENT.
1875-03 Notices of County Board of School Trustees Meetings.
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
1875-04 Notices of County Board of School Trustees Meetings.
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
1875-05 Record of School Districts - Proceedings of the
county board of school trustees or commissioners court establishing
school district boundaries, including petitions, plats, and survey
field notes. RETENTION: PERMANENT.
Retention Note: Original survey field notes of school
district boundaries or of other surveys relating to schools found
among the records of the county superintendent of schools may
be destroyed at option provided that they have been properly recorded
in the Minutes of the County Board of School Trustees [1875-02]
or in either of the Records of School Districts [1875-02]. If
they have not been properly recorded in any of those records they
should be retained PERMANENTLY
1875-06 School District Board Minutes - Proceedings of
the boards of trustees of independent, common, or rural school districts
in the county that through dissolution or by other means passed
to the custody of the county superintendent of schools. RETENTION:
PERMANENT.
1875-07 School Trustee Register - Register, record, or
lists of school trustees and board officers in the county. RETENTION:
PERMANENT.
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Section 6-2: Financial Records
1900-01 Account Journals - Account books or journals of
original entry detailing receipts to, disbursements from, or encumbrances
involving school funds or accounts. RETENTION: Destroy at option.
1900-02 Accounts Payable Records. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1900-03 Annual Audit Reports of School Districts. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1900-04 Annual Statements of School Funds (Annual Reports
of County School Accounts; Annual Financial Reports of County Schools).
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
1900-05 Assessment Abstracts - Abstracts of property assessments
in school districts under the administration of the county superintendent
of schools. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1900-06 Banking Records. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
*1900-07 Bond Registers. RETENTION: Destroy at option.
Retention Note: Prior to disposal, bond registers shall
be appraised by the records management officer for historical
value and those determined by the records management officer to
merit retention for historical reasons must be retained permanently.
Older bond registers from a time when the government itself or
a local bank handled the issuance and payment of bonds often contain
the names of local residents who subscribed to the bond issue.
These registers usually merit permanent retention for historical
reasons.
1900-08 Bonds and Coupons - Canceled or unsold bonds, coupons,
and similar instruments of paid bonded indebtedness. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1900-09 Budget Requests. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1900-10 Cash Receipts. RETENTION: Destroy at option. (Exempt
from destruction request to the Texas State Library)
1900-11 [Withdrawn, see 1900-20]
1900-12 Deposit Warrants. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1900-13 Federal and State Tax Forms. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1900-14 Office and Travel Expense Reports. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1900-15 Official Budgets. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1900-16 Payroll Registers. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1900-17 Report of School District Taxes Collected. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1900-18 Retirement Record - Record book or account sheets
of teacher or other school employee retirement and/or federal withholding
tax deductions. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1900-19 Retirement Reports - Copies of pay period or other
reports submitted by the county superintendent of schools to the
Texas Teacher Retirement System detailing retirement deductions.
RETENTION: Destroy at option. (Exempt from destruction request to
the Texas State Library)
1900-20 School Fund Ledger (School Ledger, Accounts with
School Districts, County Superintendent's School Record, Superintendent's
School Record, County Judge's School Record) - General account ledger
maintained by the county superintendent of schools showing apportionment
to and receipts and disbursements from all school funds or accounts
under his control. RETENTION: Destroy at option.
Retention Note: It is an exception to the retention given
that if any volume of a school fund ledger contains lists of persons
applying for teaching certificates by examination or of trustees
and teachers in each district, information on the location of
schoolhouses, or recorded copies of the orders of the county board
of school trustees affecting school finances it must be retained
PERMANENTLY.
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Section 6-3: Student Records
1925-01 Achievement Tests. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1925-02 Birth Certificates - Copies of birth certificates
of students filed by parents or guardians for enrollment or other
purposes. RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1925-03 Census Forms - Original census forms filled out
for each family having children of school age.
a) All census forms dated 1948 or earlier. RETENTION: PERMANENT.
b) All census forms dated 1949 or later:
1) Forms for any year from 1949 to 1970 for which a Consolidated
Scholastic Census [1925-04] exists. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
2) Forms for any year from 1949 to 1970 for which a Consolidated
Scholastic Census [1925-04] does not exist. RETENTION: PERMANENT.
1925-04 Consolidated Scholastic Census Rolls - Consolidated
census rolls of students enrolled in county schools. RETENTION:
PERMANENT.
1925-05 Cumulative Scholastic Record (Permanent Grade Record,
Permanent School Record, Permanent Grade Sheets) - Record books,
cards, or sheets showing academic achievement record of each student
enrolled in county schools.
a) For students in grades Pre-K through 8. RETENTION: Destroy
at option.
b) For students in grades 9-12. RETENTION: PERMANENT.
1925-06 School Census Records - Registers or lists of children
of school age resident in county compiled from 1854 to 1905. RETENTION:
PERMANENT.
1925-07 Student Health Records. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1925-08 Student Transfer Records - Registers or other records
documenting the transfer of students between school districts within
a county or with districts in adjoining counties. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
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Section 6-4: Attendance and Enrollment Records
1950-01 Attendance Officers' Record - Register or list
of children of school age who are not attending public or private
schools in violation of compulsory attendance laws. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1950-02 Daily Attendance Sheets. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
1950-03 Principals' Period Reports. RETENTION: Destroy
at option. (Exempt from destruction request to the Texas State Library)
1950-04 Superintendent's Annual Reports - Superintendent's
annual reports on school enrollment. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1950-05 Teachers' Daily Register (Daily Register of Pupil
Attendance). RETENTION: Destroy at option. (Exempt from destruction
request to the Texas State Library)
1950-06 Teachers' Monthly or Period Reports. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
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Section 6-5: Personnel Records
1975-01 County Institute Attendance, Record of - Record
of attendance by teachers at county teaching institutes. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1975-02 Personnel Records - Employment records of teachers
and non-teaching personnel of the county school system, including
*a) The Teacher Service Record Card and any similar record for
non-teaching personnel, on Texas Education Agency or comparable
forms, that provide, in summary, a record of the person's employment
history in the county school system. RETENTION: Termination of
employment + 75 years.
b) All other personnel records. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1975-03 Registration Cards of School Employees. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
1975-04 Teachers Applying for Examination, Records of -
Registers of persons applying for teacher certification by examination
before county boards of examiners.
a) Registers of persons applying for teaching certificates by
examination maintained in the School Fund Ledger [1900-20] or
separately. RETENTION: PERMANENT.
b) All other documents relating to the examination of persons
applying for teaching certificates. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
1975-05 Teachers' Certificate Register - Abstracts or recorded
copies of teachers' certificates of teachers working in county schools.
RETENTION: PERMANENT.
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Section 6-6: Miscellaneous Records
2000-01 Deeds - Deeds to school property. RETENTION: PERMANENT.
2000-02 Federal and State School Aid Records. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
2000-03 Insurance Records. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
2000-04 Open Records Applications. RETENTION: Destroy at
option. (Exempt from destruction request to the Texas State Library)
2000-05 Textbook Records. RETENTION: Destroy at option.
(Exempt from destruction request to the Texas State Library)
2000-06 Transportation Records (School Bus Records). RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
2000-07 Veterans Vocational School Records - Records of
veterans vocational schools established in county.
a) Proceedings of the board of trustees of the vocational school.
RETENTION: PERMANENT.
b) All other records, including academic records. RETENTION:
Destroy at option. (Exempt from destruction request to the Texas
State Library)
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