ORD 2026-11 Records Management TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2026-11
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING DIVISION 2, "RECORDS MANAGEMENT," OF ARTICLE
1.07, "RECORDS," OF CHAPTER 1, "GENERAL PROVISIONS," OF THE
CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, IN ITS
ENTIRETY TO PROVIDE FOR AN UPDATED RECORDS MANAGEMENT
PROGRAM; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a home rule
municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Chapters 201 through 205 of the Texas Local Government Code, the
Local Government Records Act, provides that a municipal government must establish by
ordinance an active and continuing Records Management Program to be administered
by a Records Management Officer; and
WHEREAS, the Town Council of the Town has previously adopted a Records
Management Program and prescribed policies and procedures consistent with the Local
Government Records Act; and
WHEREAS, the Town Council now finds it appropriate to update the policies and
procedures governing its Records Management Program in the interests of efficient
record keeping.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
Division 2, "Records Management," of Article 1.07, "Records," of Chapter 1,
"General Provisions," of the Code of Ordinances, Town of Trophy Club, Texas, is hereby
amended in its entirety to read as follows:
ORDINANCE NO. 2026-11 PAGE 2
"Division 2 Records Management
§ 1.07.031 Definitions.
Act. The Texas Local Government Records Act.
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.
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.
Director and librarian. The executive and administrative officer of the Texas State
Library and Archives Commission.
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:
(a) The development of records control schedules.
ORDINANCE NO. 2026-11 PAGE 3
(b) The management of manual, micrographic, electronic, and other records storage
and information retrieval systems.
(c) The protection of essential and permanent records.
(d) The economical and space-effective storage of inactive records.
(e) The control over the creation and distribution of records.
(f) 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
Ordinance and under Local Government Code Section 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.
TSLAC. Texas State Library and Archives Commission.
Town. The Town of Trophy Club, Texas.
§ 1.07.032 Records management program.
(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 ordinance.
(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
ordinance.
(d) Upon adoption of this ordinance, 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,
ORDINANCE NO. 2026-11 PAGE 4
stored, imaged, retained, and disposed of in accordance with this program and
applicable state law.
§ 1.07.033 Town records declared public property.
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.
§ 1.07.034 Policy.
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.
§ 1.07.035 Designation of records management officer (RMO).
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.
§ 1.07.036 Records management plan (plan); establishment and authority of plan.
(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 ordinance.
(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.
§ 1.07.037 Duties of records management officer (RMO).
The RMO shall perform those duties assigned in this ordinance and all duties assigned
by state law, including but not limited to the following:
ORDINANCE NO. 2026-11 PAGE 5
(a) Administer the plan and provide advice and assistance to directors and records
liaisons in its implementation.
(b) Plan, formulate, and prescribe records disposition policies, systems, standards,
and procedures.
(c) 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.
(d) Develop procedures to ensure the permanent preservation of the historically
valuable records of the town.
(e) 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.
(f) Assist records liaisons and other personnel in the conduct of records audits or
inventories as warranted.
(g) 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.
(h) 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.
(i) Create policies to address records requirements and needs as technology evolves.
(j) Maintain confidentiality of information in records to which access is restricted by
law.
(k) 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.
§ 1.07.038 Duties and responsibilities of directors.
In addition to other duties assigned in this ordinance and by state law, every director shall:
(a) Cooperate with the RMO in carrying out the policies and procedures established
in the plan and this ordinance in a way that is both efficient and economical for
management of records.
(b) 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
ORDINANCE NO. 2026-11 PAGE 6
directly to the director on matters relating to the plan and should have full access
to all files in their department.
(c) Document the transaction of government business and the services, programs,
and duties for which the directors and their staff are responsible.
(d) 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 ordinance.
§ 1.07.039 Duties and responsibilities of records liaisons.
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:
(a) Assisting in the identification and inventory of departmental records for the
development and maintenance of records control schedules.
(b) Overseeing the application of approved records control schedules within the
department.
(c) 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.
(d) Performing such other duties as may be required by law or assigned under the
plan.
§ 1.07.040 Duties and responsibilities of records custodians.
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:
(a) Be responsible for properly managing records that were created or received during
the course of daily operations for which they serve as the custodian.
(b) Utilize available resources and coordinate with their department's records liaison
or the RMO for instructions regarding the proper care of town records.
(c) Notify the RMO immediately should they observe or suspect actual or potential
damage to town records
(d) Cooperate with the RMO in carrying out the policies and procedures established
by the town for the efficient and economical management of records.
(e) Adequately document the transaction of town business and the services,
ORDINANCE NO. 2026-11 PAGE 7
programs, and duties for which the records custodian is responsible.
§ 1.07.041 Records control schedules.
(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.
§ 1.07.042 Implementation of records control schedules; destruction of records
under schedule.
(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.
§ 1.07.043 Litigation support policy.
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.
§ 1.07.044 Destruction of unscheduled records.
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.
§ 1.07.045 Method of destruction.
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.
§ 1.07.046 Personal liability.
ORDINANCE NO. 2026-11 PAGE 8
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
ordinance and state law.
§ 1.07.047 Penalty: destruction or alienation of a record.
An officer or employee of the town commits an offense if the officer or employee knowingly
or intentionally violates this ordinance, 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.
Any person violating any of the provisions of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction, will be fined a sum not to exceed Two Hundred
Dollars ($200.00) for each offense, and a separate offense shall be deemed committed
for each day thereafter in which a violation occurs or continues.
§ 1.07.048 Requests for public information.
Requests for information by members of the public shall be processed in accordance with
the Texas Public Information Act, Chapter 552 of the Texas Government Code, as
amended."
SECTION 3.
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
All rights and remedies of the Town are expressly saved as to any and all violations
of the provisions of any other ordinance affecting the subject matter of this Ordinance
within the Town which have accrued at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances same shall not be affected by this
Ordinance, but may be prosecuted until final disposition by the courts.
SECTION 5.
It is hereby declared to be the intention of the Town Council that the phrases,
clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Ordinance, since the same would have been enacted by
ORDINANCE NO. 2026-11 PAGE 9
the Town Council without the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 6.
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, a sum not to exceed Two Hundred Dollars ($200.00), for each offense and a
separate offense shall be deemed committed for each day thereafter in which a violation
occurs or continues.
SECTION 7.
The Town Secretary of the Town is hereby directed to publish the caption and
penalty clause of this Ordinance as required by Section 3.16 of Article III of the Town's
Charter.
SECTION 8.
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED b the Town Council of the Town of Trophy Club,
Texas, this 13th day of April, 2!,.`»PHy C
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Tammy Dixon, 0 n Secretary
APPROVED AS TO FORM:
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RECORDER of Fort Worth., Tarrant County,, Texas,
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was published in the COMMERCIAL RECORDER,
on the following dates, to -wit:
April 16, 2026
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16th day of April, A.D. 2026.
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