By: Wentworth S.B. No. 1907
(Geren)
A BILL TO BE ENTITLED
AN ACT
relating to access to certain archaic information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 552, Government Code, is
amended by adding Section 552.0215 to read as follows:
Sec. 552.0215. RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER
75 YEARS. (a) Except as provided by Section 552.147, the
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 75th anniversary of 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. Subsection (b), Section 201.009, Local
Government Code, is amended to read as follows:
(b) Any local government record to which public access is
denied under Chapter 552, Government Code, including a birth record
maintained by a local registrar, is, if still in existence, open to
public inspection 75 years after it was originally created or
received. However, [a birth record maintained by a local registrar
is, if still in existence, open to public inspection 100 years after
it was originally created or received and] a death record
maintained by a local registrar is, if still in existence, open to
public inspection 55 years after it was originally created or
received. This subsection does not limit the authority of a
governing body or an elected county officer to establish retention
periods for records under Section 203.042.
SECTION 3. Subsection (d), Section 159.002, Occupations
Code, is amended to read as follows:
(d) The prohibitions of this chapter continue to apply to a
confidential communication or record relating to a patient
regardless of when the patient receives the services of a
physician, except for medical records at least 75 [100] years old
that are requested for historical research purposes.
SECTION 4. This Act takes effect September 1, 2011.