Which records may a city not sell or donate for recycling purposes?

• A. Records that are confidential under the Texas Public Information Act or other state laws
• B. All public records
• C. Records less than 3 years old
• D. Records that are non-confidential

Answer: (A)

The key idea is that confidentiality rules control how records can be disposed of. If a record is confidential under the Texas Public Information Act (or other state laws), it cannot be disclosed or transferred to third parties, including recycling vendors. Selling or donating such records would reveal or disseminate confidential information, which is not allowed.

So, records that are confidential are the ones a city must refrain from selling or donating for recycling. Records that are non-confidential may be sold or donated in line with retention schedules. The age of a record (less than 3 years old) or the fact that a record is public in general does not by itself prohibit disposal; the determining factor is whether the record is confidential under law.