| 1 | 1 | | By: Wentworth S.B. No. 1907 |
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| 2 | 2 | | (Geren) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to certain archaic information. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 552, Government Code, is |
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| 10 | 10 | | amended by adding Section 552.0215 to read as follows: |
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| 11 | 11 | | Sec. 552.0215. RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER |
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| 12 | 12 | | 75 YEARS. (a) Except as provided by Section 552.147, the |
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| 13 | 13 | | confidentiality provisions of this chapter, or other law, |
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| 14 | 14 | | information that is not confidential but is excepted from required |
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| 15 | 15 | | disclosure under Subchapter C is public information and is |
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| 16 | 16 | | available to the public on or after the 75th anniversary of the date |
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| 17 | 17 | | the information was originally created or received by the |
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| 18 | 18 | | governmental body. |
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| 19 | 19 | | (b) This section does not limit the authority of a |
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| 20 | 20 | | governmental body to establish retention periods for records under |
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| 21 | 21 | | applicable law. |
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| 22 | 22 | | SECTION 2. Subsection (b), Section 201.009, Local |
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| 23 | 23 | | Government Code, is amended to read as follows: |
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| 24 | 24 | | (b) Any local government record to which public access is |
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| 25 | 25 | | denied under Chapter 552, Government Code, including a birth record |
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| 26 | 26 | | maintained by a local registrar, is, if still in existence, open to |
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| 27 | 27 | | public inspection 75 years after it was originally created or |
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| 28 | 28 | | received. However, [a birth record maintained by a local registrar |
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| 29 | 29 | | is, if still in existence, open to public inspection 100 years after |
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| 30 | 30 | | it was originally created or received and] a death record |
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| 31 | 31 | | maintained by a local registrar is, if still in existence, open to |
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| 32 | 32 | | public inspection 55 years after it was originally created or |
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| 33 | 33 | | received. This subsection does not limit the authority of a |
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| 34 | 34 | | governing body or an elected county officer to establish retention |
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| 35 | 35 | | periods for records under Section 203.042. |
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| 36 | 36 | | SECTION 3. Subsection (d), Section 159.002, Occupations |
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| 37 | 37 | | Code, is amended to read as follows: |
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| 38 | 38 | | (d) The prohibitions of this chapter continue to apply to a |
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| 39 | 39 | | confidential communication or record relating to a patient |
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| 40 | 40 | | regardless of when the patient receives the services of a |
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| 41 | 41 | | physician, except for medical records at least 75 [100] years old |
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| 42 | 42 | | that are requested for historical research purposes. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2011. |
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