A custodian may dispose of an unscheduled county record only after giving notice to the county clerk; the clerk must post the notice, and the record can be destroyed only by listed methods.
Sec. 441.095. DISPOSITION OF UNSCHEDULED RECORDS. (a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019. (d) A custodian may dispose of a county record that is not listed on a records retention schedule issued by the commission if, not later than the 10th day before the date the record is destroyed, the custodian files and records a notice with the county clerk. The notice must indicate the record to be destroyed, how it is to be destroyed, and the date of its destruction. On the day the notice is filed, the county clerk shall post a copy of it in the same manner that a notice of a meeting is posted under Chapter 551. (e) The custodian may destroy the record at any time after the notice required by Subsection (d) has been posted for 10 days by the county clerk. (f) A county record may be destroyed only by sale or donation for recycling purposes, shredding, burning, burial in a landfill, or pulping. (g) A person is not civilly liable for destruction of a record in accordance with this subchapter. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 123, Sec. 4, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(79), eff. Sept. 1, 1995. Amended by: Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 7, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019. SUBCHAPTER G. STATE PUBLICATIONS