The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Department head.
The officer who, by ordinance, order, or administrative policy, is in charge of an office of the city that creates or receives records.
Director and librarian.
The executive and administrative officer of the state library and archives commission.
Essential record.
Any record of the city necessary to the resumption or continuation of operations of the city in an emergency or disaster, to the re-creation of the legal and financial status of the city, or to the protection and fulfillment of obligations to the people of the state.
Permanent record.
Any record of the city for which the retention period on a records control schedule is given as permanent.
Records control schedule.
A document prepared by or under the authority of the records management officer listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require.
Records liaison officers.
The persons designated under section 1.06.010.
Records management.
The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems.
Records management committee.
The committee established in section 1.06.006.
Records management officer.
The person designated in section 1.06.005.
Records management plan.
The plan developed under section 1.06.007.
Retention period.
The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.
(Ordinance 361 adopted 3/28/18)
(a) 
All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristics and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business, are hereby declared to be the records of the city and shall be created, maintained, and disposed of in accordance with the provisions of this article or procedures authorized by it and in no other manner.
(b) 
Subsection (a) of this section shall not apply to:
(1) 
Extra identical copies of documents created only for convenience of reference or research by officers or employees of the city;
(2) 
Notes, journals, diaries, and similar documents created by an officer or employee of the city for the officer’s or employee’s personal convenience;
(3) 
Blank forms;
(4) 
Stocks of publications;
(5) 
Library and museum materials acquired solely for the purposes of reference or display; or
(6) 
Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code chapter 552, or other state law.
(Ordinance 361 adopted 3/28/18)
All city records are hereby declared to be the property of the city. No city official or employee has, by virtue of their position, any personal or property right to such records even though such official or employee may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.
(Ordinance 361 adopted 3/28/18)
It is hereby declared to be the policy of the city to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Local Government Records Act (V.T.C.A., Local Government Code chapter 201 et seq.) and accepted records management practice.
(Ordinance 361 adopted 3/28/18)
The city secretary, and the successive holders of such office, shall serve as records management officer for the city. As provided by state law, successive holders of the office shall file their name with director and librarian of the state library and archives commission within 30 days of the initial designation or of taking up the office, as applicable.
(Ordinance 361 adopted 3/28/18)
A records management committee, consisting of the mayor and councilmembers, city administrator, city attorney, and the department heads (as needed), is hereby established. The committee shall:
(1) 
Assist the records management officer in the development of policies and procedures governing the records management program.
(2) 
Review the performance of the program on a regular basis and propose changes and improvements if needed.
(3) 
Review and approve records control schedules submitted by the records management officer.
(4) 
Give final approval to the destruction of records in accordance with approved records control schedules.
(5) 
Actively support and promote the records management program throughout the city.
(Ordinance 361 adopted 3/28/18)
(a) 
The records management officer and the records management committee shall develop a records management plan for the city for submission to the city council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the city, and to properly preserve those records of the city that are of historical value. The plan must be designed to enable the records management officer to carry out the duties of that office prescribed by state law and this article effectively.
(b) 
Once approved by the city council the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the city and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan.
(c) 
State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head’s care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the city.
(Ordinance 361 adopted 3/28/18)
In addition to other duties assigned in this article or state law, the records management officer shall:
(1) 
Administer the records management program and provide assistance to department heads in its implementation;
(2) 
Plan, formulate, and prescribe records, disposition policies, systems, standards, and procedures;
(3) 
In cooperation with department heads, identify essential records and establish a disaster plan for each city office and department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense;
(4) 
Develop procedures to ensure the permanent preservation of the historically valuable records of the city;
(5) 
Establish standards for filing and storage equipment and for recordkeeping supplies;
(6) 
Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the city;
(7) 
Provide records management advice and assistance to all city departments by preparation of a manual or manuals of procedure and policy and by on-site consultation;
(8) 
Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program and the city’s records control schedules are in compliance with state regulations;
(9) 
Disseminate to the city council and department heads, information concerning state laws and administrative rules relating to local government records;
(10) 
Instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program;
(11) 
Direct record liaison officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this article;
(12) 
Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the city is carried out in accordance with the policies and procedures of the records management program and the requirements of state law;
(13) 
Maintain records on the volume of records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space saving as the result of such disposal or disposition;
(14) 
Report annually to the city council on the implementation of the records management plan in each department of the city, including summaries of the statistical and fiscal data compiled under subsection (13) of this section; and
(15) 
Bring to the attention of the city council noncompliance by department heads or other city personnel with the policies and procedures of the records management program or the Local Government Records Act (V.T.C.A., Local Government Code chapter 201 et seq.).
(Ordinance 361 adopted 3/28/18)
In addition to other duties assigned in this article, department heads shall:
(1) 
Cooperate with the records management officer in carrying out the policies and procedures established in the city for the efficient and economical management of records and in carrying out the requirements of this article;
(2) 
Adequately document the transaction of government business and the services, programs, and duties for which the department heads and their staff are responsible; and
(3) 
Maintain the records in such department head’s care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the city and the requirements of this article.
(Ordinance 361 adopted 3/28/18)
Each department head shall designate a staff member to serve as records liaison officer for the implementation of the records management program in the department. If the records management officer determines that, in the best interests of the records management program, more than one records liaison officer should be designated for a department, the department head shall designate the number of records liaison officers specified by the records management officer. Persons designated as records liaison officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the city maintained by the department. Upon the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a records liaison officer, the department heads shall promptly designate another person to fill the vacancy. A department head may serve as records liaison officer for the department.
(Ordinance 361 adopted 3/28/18)
In addition to other duties assigned in this article, records liaison officers shall:
(1) 
Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules;
(2) 
In cooperation with the records management officer, coordinate and implement the policies and procedures of the records management program in their departments; and
(3) 
Disseminate information to department staff concerning the records management program.
(Ordinance 361 adopted 3/28/18)
(a) 
The records management officer, in cooperation with department heads and records liaison officers, shall prepare records control schedules on a department-by-department basis, listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of city records as the records management plan may require.
(b) 
Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and records management program of the city.
(c) 
Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the members of the records management committee.
(d) 
Before its adoption, a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The records management officer shall submit the records control schedules to the director and librarian.
(Ordinance 361 adopted 3/28/18)
(a) 
A records control schedule for a department that has been approved and adopted under section 1.06.007 shall be implemented by department heads and records liaison officers according to the policies and procedures of the records management plan.
(b) 
A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending lawsuit, or the department head requests in writing to the records management committee that the record be retained for an additional period.
(c) 
Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the records management committee.
(Ordinance 361 adopted 3/28/18)
A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received from the director and librarian an approved destruction authorization request.
(Ordinance 361 adopted 3/28/18)
A records center, should one be established by the city, developed pursuant to the plan required by section 1.06.007, shall be under the direct control and supervision of the records management officer. Policies and procedures regulating the operations and use of the records shall be contained in the records management plan developed under section 1.06.007.
(Ordinance 361 adopted 3/28/18)
Unless a micrographics program in a department is specifically exempted by order of the city, all microfilming of records will be centralized and under the direct supervision of the records management officer. The city may direct its records be microfilmed or reproduced using an alternate method meeting minimum requirements of state law. The records management plan will establish policies and procedures for the microfilming of city records, including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records established in rules of the state library and archives commission. The plan will also establish criteria for determining the eligibility of records for microfilming, and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the records management officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules.
(Ordinance 361 adopted 3/28/18)
Editor's note–Former section 1.06.017 pertaining to time limit established and deriving from Ordinance 376 adopted 8/28/19, was repealed by Ordinance 2026-001 adopted 1/14/2026.
Editor's note–Former section 1.06.018 pertaining to exceptions and deriving from Ordinance 376 adopted 8/28/19, was repealed by Ordinance 2026-001 adopted 1/14/2026.
Editor's note–Former section 1.06.019 pertaining to statement of personnel time spent and deriving from Ordinance 376 adopted 8/28/19, was repealed by Ordinance 2026-001 adopted 1/14/2026.
Editor's note–Former section 1.06.020 pertaining to time limit exceeded; estimate statement and deriving from Ordinance 376 adopted 8/28/19, was repealed by Ordinance 2026-001 adopted 1/14/2026.
Editor's note–Former section 1.06.021 pertaining to requestor's response to estimate statement and deriving from Ordinance 376 adopted 8/28/19, was repealed by Ordinance 2026-001 adopted 1/14/2026.
(a) 
Definitions.
Public Information.
All information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official City business by the City Council or by any employee of the City. It also includes data the City owns or has a right of access to but was prepared or stored by a third party. The definition of "public information" applies to and includes to any electronic communication created, transmitted, received, or maintained on any device. This term shall be construed in accordance with the provisions of the Act as set forth in Texas Government Code, chapter 552, as may be amended.
Requestor.
A person who submits a written request to the City of West Lake Hills for inspection or copies of public information.
Vexatious Requestor.
A person who abuses the Texas Public Information Act (TPIA) by sending frequent and/or voluminous TPIA requests to the City, especially a small city, to disrupt the operations of City business is defined in Texas Local Government Code, sections 552.232 and 552.275.
(b) 
Policy.
(1) 
That in accordance with Texas Local Government Code, section 552.275, the City Council establishes an annual time limit of 36 hours and a monthly time limit of 15 hours as the amount of time that employees are required to devote without charge to produce public information for inspection or duplication or providing copies of public information to any one requestor. This annual time limit shall apply to each 12 month period commencing each fiscal year beginning October 1, effective with the date of adoption of this policy.
(2) 
Notification:
(A) 
The City Secretary or the City Secretary's designee shall provide the requestor with a written statement of the amount of personnel time spent complying with each request and the cumulative amount of time spent complying with requests from that requestor during the applicable twelve-month period. The time spent preparing the written statement of total time spent may not be included.
(B) 
When the time spent on responding to a particular requestor's requests equals or exceeds the time limit imposed by subsection (b)(1), the City Secretary or the City Secretary's designee shall provide the requestor with a written estimate of the total cost, including materials, personnel time, and overhead expenses necessary to comply with the request, even if the requestor intends to only inspect the documents. The estimate must be provided on or before the 10th day after the date on which the public information was requested. The amount of the cost shall be established by rules prescribed by the attorney general.
(C) 
If the City Secretary or the City Secretary's designee determines that additional time is required to prepare the written estimate of costs required by subsection (b)(2)(B) and provides the requestor with a written statement of that determination, the City Secretary or the City Secretary's designee must provide the written estimate of costs required by subsection (b)(2)(B) as soon as practicable, but on or before the 10th day after the date the City provides the written statement that additional time is required.
(D) 
Notwithstanding any provision of this section to the contrary, any Requester of public information will be charged personnel costs in accordance with Texas Government Code, sec. 552.275 for all time in excess of 36 hours in any given twelve-month period commencing on October 1st of each year or 15 hours in a given monthly period commencing on the 1st date of each month, spent by personnel of the City in producing public information for inspection or duplication by a Requester, or providing copies of public information to a requester. The City Secretary shall be responsible for providing all notices to the Requester as required by law, including written statements of accrued time required by Texas Government Code, sec. 552.275(d) and written estimates of charges required by Texas Government Code, sec. 552.275(e).
(3) 
Response to notification:
(A) 
After the City Secretary or the City Secretary's designee has provided the requestor with the written estimate of costs under subsection (b)(2), the requestor may respond within 10 days of receiving the estimate by submitting a written statement in which the requestor commits to pay the lesser of:
(i) 
The actual costs incurred in complying with the requestor's request, including the cost of materials and personnel time and overhead; or
(ii) 
The amount stated in the written statement provided.
(B) 
If the requestor fails or refuses to submit the written statement of commitment to pay, the requestor shall be considered to have withdrawn the requestor's pending request for public information.
(C) 
A requestor must pay the amount in the City's written cost estimate before the City will process the request if the requestor has exceeded the monthly or annual time limit.
(D) 
A requestor who has exceeded a limit established by the City may not inspect public information in paper record or electronic medium on behalf of another requestor unless the requestor who exceeded the limit has paid certain written cost estimates issued by the City.
(E) 
The City may request a photo identification from a requestor for the sole purpose of establishing that the requestor has not exceeded a time limit established by the City. A request for photo identification must include the written statement as described in subsection (b)(2)(D), above and a statement that describes a specific reason why a photo identification is required. The City shall accept as proof of a requestor's identification a requestor's identification, physical presentment of photo identification or an image of the photo identification that is transmitted electronically or through mail. A requestor from whom a photo identification is requested by the City may decline to provide the identification and obtain the requested information by paying the charge assessed in the written cost statement.
(F) 
If the requestor has made previous PIA requests in which the City: (i) has located and compiled documents in response to those requests; (ii) sent written cost estimates that remain unpaid; and (iii) the requests have not been withdrawn on the date the requestor submits a new request, the City is not required to locate, compile, produce or provide copies of documents or prepare a written cost estimate until the date the requestor pays each unpaid cost estimate in connection with any previous requests or the previous requests are withdrawn.
(4) 
Any time spent complying with a request in the name of a minor is to be included in the calculation of the cumulative amount of time spent complying with a request for public information by a parent, guardian, or other person who has control of the minor under a court order and with whom the minor resides, unless that parent, guardian or other person establishes that another person submitted that request in the name of the minor.
(5) 
Inapplicable:
(A) 
This Policy does not apply if the requestor is an individual who, for a substantial portion of the individual's livelihood or for substantial financial gain, gathers, compiles, prepares, collects, photographs, records, writes, edits, reports, investigates, processes, or publishes news or information for and is seeking the information for:
(i) 
A radio or television broadcast station that holds a license issued by the Federal Communications Commission;
(ii) 
A newspaper that is qualified under Texas Government Code, section 2051.044, to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news;
(iii) 
A newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or general information to the general public; or
(iv) 
A magazine that is published at least once a week or on the Internet by a news medium engaged in the business of disseminating news or information to the general public.
(B) 
This Policy does not apply if the requestor is a representative of a publicly funded legal services organization that is exempt from federal income taxation under section 501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under section 501(c)(3) of that code.
(C) 
This Policy does not apply if the requestor is an elected official of the United States, this state, or a political subdivision of this state.
(D) 
This Policy does not apply to any other requestors that are specifically exempted by section 552.275 of the Act, as may be amended.
(E) 
This Policy does not replace or supersede other sections of the Act and does not preclude the City from charging for cost of labor in response to a request for copies or a request for inspection for which a charge is authorized under another section of the Act. The limit established in this policy applies to all requestors equally except as exempted by the Act.
(Ordinance 2026-001 adopted 1/14/2026)