Section 52.113 - Record Retention and Disposition(a) Except as provided in subsections (c) and (d), a contractor must retain a record in the form in which it was created as follows: (1) a record developed and maintained in accordance with § 49.305 of this subchapter (relating to Records) until the latest of the following: (A) seven years after the contractor submits a claim for the service about which the record relates;(B) seven years after all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the record are resolved; or(C) the individual about whom the record relates becomes 21 years of age.(2) its contract and any contract solicitation documents until the later of the following: (A) seven years after the contract expires or is terminated; or(B) seven years after all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract are resolved.(b) If a contractor destroys records containing confidential information, the records must be destroyed in a manner that makes the confidential information unusable, as follows: (1) for paper, film, and other hard copy records, shredding, pulping, or burning; and(2) for electronic records, disintegration, degaussing, digital shredding, or using specialized software to copy over the data.(c) If applicable law, the contract, or rules governing services provided under the contract require a contractor to retain records for a longer period than described in subsection (a) of this section, the contractor must retain the records for the longer period.(d) A contractor is not required to comply with subsection (a) of this section for a record not required by applicable law, rule, or the contract to be in the contractor's possession on September 1, 2018.26 Tex. Admin. Code § 52.113
Transferred from 40 TAC § 49.307 Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2091, eff. 4/29/2024