1. (a) Electronic records may be destroyed only in accordance with the Local Government Code, §202.001.

2. (b) Each local government must ensure that:

   1. (1) electronic records scheduled for destruction are disposed of in a manner that ensures protection of any confidential information; and
   2. (2) magnetic storage media previously used for electronic records containing confidential information are not reused if the previously recorded information can be compromised by reuse in any way.

3. (c) The following requirements must be met for the court ordered expungement of information recorded on an optical Write-Once-Read-Many (WORM) system.

   1. (1) Two methods are allowed for expunging information from a WORM disk:

      1. (A) the information may be overwritten to obliterate the original image, leaving no evidence of the original information; or
      2. (B) all of the indices, pages, or documents on a disk, other than the expunged document(s), must be rewritten to a new disk and the old disk must be physically destroyed.
   2. (2) In cases where a complete page or record is expunged, all reference to the page or record must be removed from the index. If the index has been copied, the index must be recopied after the reference to the page or record has been removed.
   3. (3) Copies of the original WORM disk and copies of the information removed by expungement must be destroyed or changed to reflect the court order. All copies of the record, index, or reference to the original unrevised information on WORM disk copies or copies in any other media must be destroyed.

Source Note:The provisions of this §7.78 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484.