Handbook of Business Procedures

20.4.4. CONTRACTS PERTAINING TO STATE RECORDS

Departments may contract with vendors 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 policies 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 the provisions of The University of Texas 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.

The National Archives document lists pertinent federal laws, and university contracts may similarly 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 (Texas Government Code, Title 5, Chapter 552)
• Texas Administrative Code, Title 13, Part 1, Chapter 6. State Records
• State of Texas Records Retention Schedule (Revised 5th Edition)
• 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, or 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

Part 20. Records Management - Table of Contents