| 1 | 1 | | H.B. No. 3303 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the use of information and records acquired during a |
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| 6 | 6 | | fatality review and investigation. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 672.009, Health and Safety Code, is |
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| 9 | 9 | | amended by adding Subsection (e) to read as follows: |
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| 10 | 10 | | (e) Information, documents, and records that are |
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| 11 | 11 | | confidential as provided by this section are not subject to |
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| 12 | 12 | | subpoena or discovery and may not be introduced into evidence in any |
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| 13 | 13 | | civil or criminal proceeding. A document or other information that |
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| 14 | 14 | | is otherwise available from another source is not protected from |
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| 15 | 15 | | subpoena, discovery, or introduction into evidence under this |
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| 16 | 16 | | subsection solely because the document or information was acquired |
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| 17 | 17 | | by a review team in the exercise of its duties under this chapter. |
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| 18 | 18 | | SECTION 2. The change in law made by this Act applies to a |
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| 19 | 19 | | civil or criminal proceeding commenced on or after the effective |
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| 20 | 20 | | date of this Act. A civil or criminal proceeding commenced before |
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| 21 | 21 | | the effective date of this Act is governed by the law as it existed |
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| 22 | 22 | | immediately before that date, and that law is continued in effect |
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| 23 | 23 | | for that purpose. |
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| 24 | 24 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 25 | 25 | | ______________________________ ______________________________ |
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| 26 | 26 | | President of the Senate Speaker of the House |
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| 27 | 27 | | I certify that H.B. No. 3303 was passed by the House on April |
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| 28 | 28 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 29 | 29 | | voting. |
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| 30 | 30 | | ______________________________ |
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| 31 | 31 | | Chief Clerk of the House |
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| 32 | 32 | | I certify that H.B. No. 3303 was passed by the Senate on May |
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| 33 | 33 | | 18, 2009, by the following vote: Yeas 31, Nays 0. |
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| 34 | 34 | | ______________________________ |
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| 35 | 35 | | Secretary of the Senate |
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| 36 | 36 | | APPROVED: _____________________ |
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| 37 | 37 | | Date |
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| 38 | 38 | | _____________________ |
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| 39 | 39 | | Governor |
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