[1]
Editor's note–Former division 2 pertaining to similar subject matter, was amended by Ordinance 2026-11 adopted 4/13/2026. Prior to the replacement this division derived from the following: 2006 Code, ch. 1, art. XIV; Ordinance 2006-28, sec. II, adopted 8/21/06; Ordinance 2013-36 adopted 10/7/13.
Act.
The Texas Local Government Records Act.[1]
Department.
A town department, or the functional equivalent of a department, that performs specific responsibilities for town operations.
Digital record.
Information, documents, or data created, stored, and accessed in a machine-readable, electronic format rather than on paper.
Director.
The officer or employee who oversees a town department.
Director and librarian.
The executive and administrative officer of the Texas State Library and Archives Commission.
Essential record.
Any town record necessary to the resumption or continuation of operations in an emergency or disaster, to the re-creation of the legal and financial status of the town, or to the protection and fulfillment of the town's obligations.
Permanent record.
A record identified on the records control schedule that has a retention period of permanent.
Record.
Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, digital record, social media post, or other information-recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the town or any of its officers or employees pursuant to applicable law, including an ordinance, or in the transaction of public business, whether created or maintained on town-issued or personal devices or accounts.
Records control schedule.
A document prepared by or under the authority of the Records Management Officer listing the records maintained by the town, their retention periods, and other records disposition information that the records management program may require.
Records custodian.
Any town officer, elected or appointed official, or employee.
Records liaison.
An appointed staff member within a specific department responsible for coordinating, managing, and maintaining records in compliance with town policies and legal standards.
Records management.
The application of management techniques providing for efficient, economical, and effective control over the creation, distribution, organization, use, maintenance, retention, disposition, training, and preservation of records. The term includes:
(1) 
The development of records control schedules.
(2) 
The management of manual, micrographic, electronic, and other records storage and information retrieval systems.
(3) 
The protection of essential and permanent records.
(4) 
The economical and space-effective storage of inactive records.
(5) 
The control over the creation and distribution of records.
(6) 
The management, preservation, security, and accessibility of electronic records, including records created, stored, or transmitted using digital systems or technologies.
Records Management Officer or RMO.
The person designated in section 1.07.035 of this division and under Texas Local Government Code § 203.025.
Records management plan or plan.
The records management plan referenced in section 1.07.036.
Records management program or program.
The records management program adopted by the town council pursuant to this division.
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.
Social media.
Internet-based platforms, tools, and technologies that facilitate user- generated content, collaboration, and interactive information sharing, including, but not limited to, Facebook, Twitter, Instagram, Linkedln, and blogs.
Town.
The Town of Trophy Club, Texas.
TSLAC.
Texas State Library and Archives Commission.
(Ordinance 2026-11 adopted 4/13/2026)
[1]
Editor's note—See Texas Local Government Code Chapter 201.
(a) 
Pursuant to the act, the town is required to establish by ordinance an active and continuing records management program to be administered by the Records Management Officer.
(b) 
The records management program is hereby established by this division.
(c) 
This program is designed to enable the Records Management Officer to carry out the duties prescribed by state law, administrative rules of TSLAC, and this division.
(d) 
Upon adoption of this division, the records management program shall be binding on all offices, departments, divisions, boards, commissions, committees, and other similar entities of the town. All town records shall be created, maintained, stored, imaged, retained, and disposed of in accordance with this program and applicable state law.
(Ordinance 2026-11 adopted 4/13/2026)
All town records as defined in this division are property of the town. No Town Official or employee has, by virtue of their position, any personal or property right to such records, even though they may have created or compiled them. Records shall not be destroyed or removed without authorization and may only be destroyed or removed in accordance with the program and the plan.
(Ordinance 2026-11 adopted 4/13/2026)
It is the policy of the town to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all records through a comprehensive records management system that is consistent with the requirements of the act, TSLAC, and accepted records management practices. This policy applies to all town officials, employees, agents, independent contractors, and volunteers of the town.
(Ordinance 2026-11 adopted 4/13/2026)
The Town Secretary shall serve as Records Management Officer (RMO) for the town. As provided by state law, each successive holder of the office shall file the name of the RMO with the director and librarian of the TSLAC within thirty (30) days of the initial designation or of assuming the office, as applicable.
(Ordinance 2026-11 adopted 4/13/2026)
(a) 
Pursuant to the act, the RMO shall develop and maintain a records management plan (plan) for town records. The plan shall be submitted to the town manager for approval and must contain policies and procedures designed to effectively and efficiently manage town records, including the preservation of records with permanent and historical value. The plan shall be designed to allow the RMO to perform the duties prescribed by state law and this division.
(b) 
State law relating to the duties, responsibilities, or recordkeeping requirements of a director or other official does not exempt that department or its records from compliance with this records management plan and may not be used as a basis for refusal to participate in the town's records management program.
(c) 
The plan shall apply to all offices, departments, boards, commissions, committees, or similar entities of the town, and records shall be created, maintained, stored, scanned, or disposed of in accordance with the plan.
(Ordinance 2026-11 adopted 4/13/2026)
The RMO shall perform those duties assigned in this division and all duties assigned by state law, including but not limited to the following:
(1) 
Administer the plan and provide advice and assistance to directors and records liaisons in its implementation.
(2) 
Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures.
(3) 
In cooperation with directors and records liaisons, identify essential records and establish a records recovery plan for each department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense.
(4) 
Develop procedures to ensure the permanent preservation of the historically valuable records of the town.
(5) 
Provide the resources necessary for the management of town records to all employees, including uniform standards and efficient controls over the creation, identification, appraisal, maintenance, protection, preservation, transfer, retention, and disposition of town records, including recordkeeping systems, filing and storage methods, equipment, supplies, and all applicable forms.
(6) 
Assist records liaisons and other personnel in the conduct of records audits or inventories as warranted.
(7) 
Monitor retention schedules and administrative rules issued by the TSLAC to ensure the plan remains compliant with state regulations and disseminate information concerning state laws and administrative rules related to town records to directors and records liaisons.
(8) 
Ensure that the maintenance, preservation, scanning, destruction, or other disposition of the records of the town is carried out in accordance with the policies and procedures of the plan, the TSLAC, and the requirements of state law.
(9) 
Create policies to address records requirements and needs as technology evolves.
(10) 
Maintain confidentiality of information in records to which access is restricted by law.
(11) 
Inform the town manager of noncompliance by directors or other personnel with the requirements, policies, and procedures of the plan, the TSLAC, or state law.
(Ordinance 2026-11 adopted 4/13/2026)
In addition to other duties assigned in this division and by state law, every director shall:
(1) 
Cooperate with the RMO in carrying out the policies and procedures established in the plan and this division in a way that is both efficient and economical for management of records.
(2) 
Designate a records liaison(s) within their offices and provide the RMO the name(s) of such designee(s). Persons designated as records liaisons must report directly to the director on matters relating to the plan and should have full access to all files in their department.
(3) 
Document the transaction of government business and the services, programs, and duties for which the directors and their staff are responsible.
(4) 
Maintain the records in their department and be responsible for records transfers and dispositions, as well as other activities within their areas of responsibility, in coordination with the designated records liaison(s), and in accordance with the plan and this division.
(Ordinance 2026-11 adopted 4/13/2026)
The records liaison(s) in each department are responsible for coordinating with the RMO, or their designee, to ensure that provisions of the plan are complied with. This responsibility shall include:
(1) 
Assisting in the identification and inventory of departmental records for the development and maintenance of records control schedules.
(2) 
Overseeing the application of approved records control schedules within the department.
(3) 
Coordinating with the RMO, or the RMO's designee, regarding proper records handling procedures, including the filing and disposition of records and use of applicable records management forms.
(4) 
Performing such other duties as may be required by law or assigned under the plan.
(Ordinance 2026-11 adopted 4/13/2026)
All town officers and employees are custodians over the records subject to their care, custody, and control in the regular course of their duties. All records custodians shall:
(1) 
Be responsible for properly managing records that were created or received during the course of daily operations for which they serve as the custodian.
(2) 
Utilize available resources and coordinate with their department's records liaison or the RMO for instructions regarding the proper care of town records.
(3) 
Notify the RMO immediately should they observe or suspect actual or potential damage to town records.
(4) 
Cooperate with the RMO in carrying out the policies and procedures established by the town for the efficient and economical management of records.
(5) 
Adequately document the transaction of town business and the services, programs, and duties for which the records custodian is responsible.
(Ordinance 2026-11 adopted 4/13/2026)
(a) 
The TSLAC records retention and disposition schedules, as may be amended, shall serve as the town's official record control schedule. Any destruction of town records will be in accordance with the adopted schedules, the act, and state law. These schedules constitute full authority for the RMO to destroy, transfer, image, microphotograph, or take other actions noted therein with regard to the retention and disposition of town records.
(b) 
The RMO will file with the TSLAC a written certification of compliance that the town has adopted all applicable records control schedules, as updated and amended by the TSLAC.
(Ordinance 2026-11 adopted 4/13/2026)
(a) 
A records control schedule that has been approved under this division shall be implemented by directors and records liaisons according to the policies and procedures of the plan.
(b) 
Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained from the director responsible for the record and approved by the RMO.
(c) 
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 director provides, in writing, a request to the RMO with an acceptable explanation as to why the record should be retained for an additional period.
(Ordinance 2026-11 adopted 4/13/2026)
In the event the town or a department is implicated in a court action, any records which may be involved must be retained and safeguarded from destruction or tampering regardless of the retention period specified in the town's records control schedule.
(Ordinance 2026-11 adopted 4/13/2026)
Prior to the destruction of a record not listed in the approved records control schedule, authorization must be obtained by the RMO from the director responsible for the record.
(Ordinance 2026-11 adopted 4/13/2026)
Except when otherwise restricted or directed by state law, a town record may be destroyed by burning, shredding, pulping, burial in a landfill, or recycling.
(Ordinance 2026-11 adopted 4/13/2026)
The RMO, directors, or other officers or employees of the town may not be held personally liable for the destruction of a town record if the destruction is in compliance with this division and state law.
(Ordinance 2026-11 adopted 4/13/2026)
(a) 
An officer or employee of the town commits an offense if the officer or employee knowingly or intentionally violates this division, state law, or rules adopted under it by destroying or alienating a town record, or by intentionally failing to deliver records to a successor in office.
(b) 
Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor, and upon conviction, will be fined a sum not to exceed $200.00 for each offense, and a separate offense shall be deemed committed for each day thereafter in which a violation occurs or continues.
(Ordinance 2026-11 adopted 4/13/2026)