Chapter 6: Document Imaging

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Section 1: Document Imaging Legal Requirements

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Overview

The decision of converting documents or records to digital images should be based on an actual business need.  The initiative to go to a “paper lite” culture is to decrease the volume of paper necessary to effectively manage official records.  It is not always cost-effective or a best records management practice to image documents.

Imaging is a good solution for retaining records that are subject to frequent retrieval during their retention. Imaging also offers savings in space and filing equipment for voluminous records and can be useful for maintaining duplicate copies of records as part of a vital records protection program.

As per  Texas Government Code 441.189(a), an official record may be created or stored electronically in accordance with standards and procedures adopted as administrative rules of Texas State Library and Archives Commission.    

A digital official record must be accessible and maintained for the full life cycle of the record for the period prescribed in the TxDOT Records Retention Schedule.    

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  1. Any official record may be created or stored electronically in accordance with standards and procedures adopted as administrative rules of Texas State Library and Archives Commission.   
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  3. Certified output from electronically digitized images or other electronic data compilations created and stored in accordance with the rules of the Texas State Library and Archives Commission shall be accepted as original official records by any court or administrative agency of this state unless barred by a federal law, regulation, or rule of court.   
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  5. Certified output from electronically digitized images or other data compilations created before September 1, 1997, in accordance with any applicable prior law shall be accepted as original official records or, in the absence of an applicable prior law, at the discretion of the court or administrative agency.  

Legal considerations and records management obligations outside of the Texas State Library and Archives Commission should also be reviewed to ensure all rules and requirements are identified and fulfilled to which the document is being submitted.  (i.e. PDF, PDF-A, original signatures, etc.)  

Districts and Divisions are required to ensure the longevity of all official records, regardless of the medium, to ensure accountability, transparency, integrity, protection, availability, compliance, retention, and disposition.   

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