Bill Text: TX HB1652 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a right of access to certain information after a lapse of time.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-07 - Referred to State Affairs [HB1652 Detail]
Download: Texas-2023-HB1652-Introduced.html
By: Toth | H.B. No. 1652 |
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relating to a right of access to certain information after a lapse | ||
of time. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 552.0215, Government Code, is amended to | ||
read as follows: | ||
Sec. 552.0215. RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER | ||
150 [ |
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confidentiality provisions of this chapter, or other law, | ||
information that is not confidential but is excepted from required | ||
disclosure under Subchapter C is public information and is | ||
available to the public on or after the 150th [ |
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the date the information was originally created or received by the | ||
governmental body. | ||
(b) This section does not limit the authority of a | ||
governmental body to establish retention periods for records under | ||
applicable law. | ||
SECTION 2. Section 552.115, Government Code, is amended by | ||
amending Subsections (a) and (d) read as follows: | ||
(a) A birth or death record maintained by the vital | ||
statistics unit of the Department of State Health Services or a | ||
local registration official is excepted from the requirements of | ||
Section 552.021, except that: | ||
(1) a birth record is public information and available | ||
to the public on and after the 150th [ |
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of birth as shown on the record filed with the vital statistics unit | ||
or local registration official; | ||
(2) a death record is public information and available | ||
to the public on and after the 25th anniversary of the date of death | ||
as shown on the record filed with the vital statistics unit or local | ||
registration official, except that if the decedent is unidentified, | ||
the death record is public information and available to the public | ||
on and after the first anniversary of the date of death; | ||
(3) a general birth index or a general death index | ||
established or maintained by the vital statistics unit or a local | ||
registration official is public information and available to the | ||
public to the extent the index relates to a birth record or death | ||
record that is public information and available to the public under | ||
Subdivision (1) or (2); | ||
(4) a summary birth index or a summary death index | ||
prepared or maintained by the vital statistics unit or a local | ||
registration official is public information and available to the | ||
public; and | ||
(5) a birth or death record is available to the chief | ||
executive officer of a home-rule municipality or the officer's | ||
designee if: | ||
(A) the record is used only to identify a | ||
property owner or other person to whom the municipality is required | ||
to give notice when enforcing a state statute or an ordinance; | ||
(B) the municipality has exercised due diligence | ||
in the manner described by Section 54.035(e), Local Government | ||
Code, to identify the person; and | ||
(C) the officer or designee signs a confidentiality | ||
agreement that requires that: | ||
(i) the information not be disclosed outside the | ||
office of the officer or designee, or within the office for a | ||
purpose other than the purpose described by Paragraph (A); | ||
(ii) the information be labeled as confidential; | ||
(iii) the information be kept securely; and | ||
(iv) the number of copies made of the information | ||
or the notes taken from the information that implicate the | ||
confidential nature of the information be controlled, with all | ||
copies or notes that are not destroyed or returned remaining | ||
confidential and subject to the confidentiality agreement. | ||
(d) For the purposes of fulfilling the terms of the | ||
agreement in Subsection (c), the Genealogical Society of Utah shall | ||
have access to birth records on and after the 50th anniversary of | ||
the date of birth as shown on the record filed with the bureau of | ||
vital statistics or local registration official, but such birth | ||
records shall not be made available to the public until the 150th | ||
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SECTION 3. Section 552.140(b), Government Code, is amended | ||
to read as follows: | ||
(b) The record is confidential for the 132 [ |
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following the date it is recorded with or otherwise first comes into | ||
the possession of a governmental body. During that period the | ||
governmental body may permit inspection or copying of the record or | ||
disclose information contained in the record only in accordance | ||
with this section or in accordance with a court order. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |