ORDER N0. 19571
DESIGNATION OF LINDA UECKER, DISTRICK CLERK,
AS RECORDS MANAGEMENT OFFICER
On this the 11th day of June 1998, upon motion made by
Commissioner Holekamp, seconded by Commissioner Baldwin, the
Court unanimously approved the appointment of Linda Uecker,
District Clerk, as Records Management Officer for Kerr
County.
C'OMMISSIONERS' COURT AGENDA REQUEST ~~
• pLFacF FURNISH ONE ORIGINA AND SEVEN COPIES OF THIS REQUEST AND
TO 8 R VI W D BY Tii OURT.
~~~
MADE BY: Linda Uecker OFFICE: D1Str1Ct Clerk
MEETING DATE: ~ TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): To enter in hP MinitPS of Cnmmissinner's Cniirt
"Designation as Records Management Officer for the District Courts"
ESTIMATED LENGTH OF PRESENTATION: 1 1/2 Min,
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
none necessar
Time for submitting this request for Court to assure that the matter is posted in
accordance with Ar[Icle 6252- 17 Is as fol lows:
• Meetings held on second Monday: 12:00 P. M. previous Wednesday
•, Meetings held on Thursdays: 5:00 P. M. previous Thursday.
If preferable, Agenda Requests may be made on off Ice stationery with the above
Information attached.
THIS REQUEST RECEIVED BY:
11IIS REQUEST RECE IVED ON:



All Agenda Requests will be screened by file County Judge's Office to deterrnlne If
adequate information has been prepared for the Court's formal consideration and action at
`~ [Ime of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity.
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Linda Uecher
District Clerk, Kerr County
700 Main St., Kerr County Courthouse
Kerrville, Texas 78028
~612~257-4396
September 25th, 1989

Marilyn Von Kohl
Texas State Library
Local Records Division
P.O. Box 12927
Austin, Texas 78711-2927
rDear Marilyn:
This is to notify you that I will be RECORDS MANAGEMENT OFFICER for
the District Courts of Kerr County, Texas. Please continue to correspond
with me regarding records of the District Courts and Family Law cases of
the County Court at Law of Kerr County.
Sincerely,
.~
inda Uecker, District Clerk

.~
govartunent record the court shall order the return of the record.
(c) Ae part of the petition to the district court or at any time after ire filing, the governing body may petition to have the record
aeiud pending the determination of the coon if the govertting body fmda the record is in danger of being deatroyad, mutilated, altered,
secreted, or removed from the emote.
(d) The director and hbrarian may demand and r«eive from any person any loc al government record of permanent v slue in private
poaseasioa.
(e) If the pereoa in posaeaeion of thn local govemment record of permaner value refutes to deliver the t«ord on demand, the
director andlibrarian may askthe anomey general topetidon forthe recovery of the record asprovided by this s«tion. As part of the petition
or at any time afwr its filing, the attorney genera! may petition to have the record seized pending the determination of the court if the
governing body fmda the r«ord is in danger of being deuroycd, mutilaw4 altered, s«mwd, or removed from the state.
(f) A 1«al govemment r«ord r«overed u the Haul[ of a petition by the attorney general shall be transferred to the custody of
thecommission or, atthe discmtion of the dir«torandiibrarian,be retumedtothalocal govemmcm that origirrallyhadcustody of therecord
(g) ff a local government refuses to deliver custody of a record to the commission as provided by S«tion 201.007, 201.008, or
.203.050, the director sndlibrarian may ask the attorney general topetition forr«overy of the record.If the court datetmines that the director
end librarian has aewd in accordance with S«don 201.007, 201.008, or 203.050, as applicable, and with regard to S«don 203.050, Ne
court fmda that the strrvival of the r«ord is imperiled, the court shell order the r«ord to be Iranafernd to the custody of the commission.
r '
' r (h) If a governing body petitions a court for the recovery of a record order Suba«tlon (b) aad prevails or if the attorney general
petitions a coon for the recovery of a t«ord under Subs«tion (e) or (g) and prevails, the court shaLL award aztomay's feae and court costa
to the prevailing P~Y•
$ 202.006. DESTRUCTION OP NONRECORD MATERIAL. (a) Material that is not included in tlw definition of a local
government r«ord aadia deacribedby S«6on 201.003(g)(A), (B), or(C) maybe disposed of at the diacration of thecustodian orthe emator
of the document, ea applicable, aubj«t to any policies developed in each local govemmem or elective county office regarding the
destruction.
(b) Extra identical copies of a local govemmem record to which publu access u restricted undw Chapter 424, Acls of the 63rd
Legislature, RegutarSesaion, 1973 (Article 6252-17a, Vcmon'e Texas Civil Stamws), orother state law may be destroyed onlybybuming,
,pulping. or shredding. '.
§202.007. PERSONAL LL4B1LTfY. A custodian of local govamment records, records management officer, or other officer
orvunployee of a local govamment may not be held personally liable for the destruction of a local government record if the destrretion is
in compliance with this subtitle and mlcs adopted under it.
§ 202.008. PENALTY: DESTRUCTION OR ALIENATION OF RECORD. An officer or employee of a local government
eammita as offense if the officer or employee knowingly or intentionally violates this subtitle or Hiles adoplad under i[ by destroying or
alienating a local government record in contravention of this subtitle or by inwntionally failing to deliver r«otds to a successor in office
as provided by SeMion 201.006(a). An offense under this section is a Claee A misdemeanor.
r. §202.009. PENALTY: POSSESSION OF RECORD BY PRIVATE ENTITY. (a) A private college or University, a private
r' museum or library, a private organization of any other type, or an individual commits an offense if the entity knowingly or inwntionally
acquires or poeseaxs a local government t«ord. An offense under this subsection is a Claea A misdemeanor.
(b) It is a defenw [o pma«ution under this section that a private college, university, museum, or library, by agrawnant with the
commission underSubchapterJ, Chapter441, GovemmentCode, provides phyaicalhousingfore local govetnmentrecordthe titletowhieh
has been vested in the cotrunieaion.
CHAPTER 203. MANAGEMENT AND PRESERVATION OF RECORDS
SUBCHAPTER A. ELECTIVE COUNTY OFFICES
§ 203.002. DUTIES AND RESPONSIBILTf1ES OP ELECTED COUNTY OFFICERS AS RECORDS MANAOBMENT
OFFICERS. 71te el«ted county of5cer shall:
(1) develop policies sad procedures for the administration of an active and continuing records management program;
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(ti) in cooperation with custodians, ensure that [he maintenance, preservation, microfilming, destruction, or othw diepoeitioq Of
records is carried out in accordance with the policies and prottdures of the local govemmem'e records management program and the
requirements of this subtitle and Hiles adopted under it;
(7) disseminate to the governng body and custodians information concenring elate laws, administrative rnlea, and rho policle~
of the government relating to local govemment records; and
(8) in coopetuion with custodians, establish procedures to ensure that the handling of records in any eontext of the records
management program by the records management officer or those order the officer's authority is carried out with due regard for.
(A) the duties and responsibilities of custodians that maybe imposed by lees; and
(B) the confidentiality of infomration in records to which access is restricted by law.
§ 203.024. DIRECTOR AND I.IDRARIAN. The duector and librarian shall provide advice and assistance to governing bodice,
custodians, and record's management officers in establishing records management programs and in earrying out the other requirement of
this subtitle and Hiles adopted under it.
§ 203.025. DESIGNATION OP RECORDS MANAGEMENT OFFICER. (a) On or before June 1, 1990, the governing body
of each local government shall designate a records management officer by: "
r (1) designating an individual; or
(2) designating an office or position, the holder of which shall be the records management officer.
~y13e.oame.,offioerotposition-ofa .,
(c) The name orthe name and office orposition of the records management officershellba filedby therecorda management officer
with the director and librarian within 30 days after the date of the designation.
(d) The designation of a new individual or a new office or position shall be entered on the minutes end reported by the records
management offices to the director and librarian in the same roamer at the original designation.

(e) If the order designating a racorda management of~ficerdeaignatea an office or position rathw than an individual, a new holder
of that office or position must file the holdei s name with the director and librarian within 30 days after the date of assuming the office or
poatioa.
,
(f) Through an agreement or contract order The Interlocel Coopwation Act (Article 4413(32c), Vemon'a Tease Civil Statutes),
a person may serve as records management officer to mote than one local govemment if the person is employed by one of the local
government that isparry to the contract oragreemant or employed by an administrative agency that t createdby theconttact of agreement.
(g) An electedcomty officermay not be designated ae records management offittcforthe notwlective offices of acounry without
the comty offittr's consent. -
§ 203.026. RECORDS MANAGEMENT PROGRAM TO BE ESTABLdS1fED. (a) On or before January 1, 1991, aadr
r r ~ overttin bod b ordinance or order, as a ro riare, shall establish a records mane ement m ram to be administered b the records
B 8 Y Y PP P 8 P$ Y
management offuer.
(b) Tha ordinance or order must provide methods and prxeduree to enable the governing body, cwtodians, and the records
management offices to fulfill the duties andsesponsibilities set out in Sections 203.021, 203.022, and 203.023 rnncerning the management -
and preservation of records. The ordinance or order may prescribe any policies or procedures for the operation of the records marugement
program that ate conssstent with the requirements of this subtitle and rules adopted order it.
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(c) A copy of the ordinance or order must be filed by the reco[da managemem officer with the duector and librarian within 30 s,3•ye
days aftw the date of ire adoption. ~ • ~ ~ ~ ~~ ~,
e.3
(d) An ordinance or oMer estbliahing or relating to a records management program adopted before September 1, 1989, must. ~ ~ "*~?
bn amended if any provision of the ordinance or order is in conflict with this subtitle or a nila adopted under it. A copy of the amended. ;:_°~1~;
ordinantt or order aheB be filed with thedirector end librarian u provided by Subeation (c). , ',;,g;~
~,
(e) A copy of an amended ordinance or revised order relating to the eatabliahment or operation of the records management ...
° prograat moat be tiled by the governing body with the director end librarian within 30 days alter the dal of its adoption.
(f)The director and librarian or the designee of the dvector and librarian shall within a reasonable time bring to the attention of
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ORDER NO. 19571
DESIQQATION OF LINDA UECKr:R,
DISTRICT CLERK, AS RECORDS
N,ANAGF~`7E~Pr OF'FIC"r.R
June 11, 1990
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Vol. R, Pg. 862