If a city does not have an ordinance governing the destruction of records and a clerk wants to destroy records, what must the clerk do?

If a city does not have an ordinance governing the destruction of records and a clerk wants to destroy records, what must the clerk do?

• A. Destroy immediately
• B. Get permission from the state library and archives commission to destroy the records
• C. Seek approval from the mayor
• D. Notify the court of record

Answer: (B)

In Texas, destroying public records isn’t left to a clerk’s discretion. Records must be kept according to approved retention schedules, and if there’s no local ordinance governing destruction, the proper step is to obtain approval from the Texas State Library and Archives Commission. This state agency reviews and authorizes the disposal of records to ensure they’re destroyed only after the legally required retention periods have passed. Destroying records immediately bypasses that safeguard, and asking the mayor or simply notifying the court isn’t enough because the authority to approve destruction lies with the state library and archives commission.

In Texas, destroying public records isn’t left to a clerk’s discretion. Records must be kept according to approved retention schedules, and if there’s no local ordinance governing destruction, the proper step is to obtain approval from the Texas State Library and Archives Commission. This state agency reviews and authorizes the disposal of records to ensure they’re destroyed only after the legally required retention periods have passed. Destroying records immediately bypasses that safeguard, and asking the mayor or simply notifying the court isn’t enough because the authority to approve destruction lies with the state library and archives commission.