Handbook of Business Procedures
December 16, 2013
February 28, 2014
Records Management Services
20.4.4. CONTRACTS PERTAINING TO STATE RECORDS
Departments may contract to store records or to use third-party hosted services or systems to create or manage university records, data, or information so long as contract language expressly provides that the contractor will comply with applicable state law and The University of Texas at Austin’s policies relating to the management, access, retention, and destruction of state records.
At a minimum contract language must include provisions that:
- Reference Texas law and the university’s policy and procedures pertaining to state records. These policies include the preservation of all records created or received regardless of format or mode of transmission.
- State that the university owns or has unlimited right of use and access to all data, records, electronic information, and supporting documentation created as part of the contract. The contractor must deliver sufficient technical documentation to permit the university to use the data.
- Prohibit disposition of documents, records, or information without written authorization from the university. Records may not be removed from the legal custody of the university or destroyed without regard to provisions of the University Records Retention Schedule (UTRRS) and other university records management policy.
- Apply provisions regarding state records to all subordinate contracts.
When developing university contracts, refer to the following:
National Archives and Records Administration’s Records Management Language for Contracts
Records Management Language for Contracts is a resource used by federal agencies that can be adapted to develop university contracts for services that create, manage, or maintain state data, information, or records, such as hosted services, or cloud-based storage solutions. University contracts must reference the following state laws and University of Texas at Austin policies and procedures that pertain to the management of state records.
State of Texas Laws, Codes, and Regulations
- 4 Texas Government Code Chapter 441 Subchapter L. Preservation and Management of State Records
- Public Information Act (5 TGC Chapter 552)
- 13 Texas Administrative Code Chapter 6. State Records
- State of Texas Records Retention Scheduled (Revised 4th Edition)
- Texas Medical Records Privacy Act HB 300 (some provisions exceed HIPAA requirements)
- Texas Business and Commerce Code §521.052
- Texas Penal Code §37.10 Tampering with Governmental Records
Note: Texas law requires documentation of destruction of state records. If records or information are authorized to be destroyed by a contractor, the contractor must securely and completely destroy all copies of the data/files/documents and provide documentation of the date of destruction.
University of Texas at Austin Policy
- The University of Texas at Austin Records Retention Schedule (UTRRS)
- Handbook of Business Procedures: Part 20. Records Management
- Handbook of Operating Procedures: 3-1410 Records Management