By: Rodriguez S.B. No. 457
(Marquez)
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain autopsy records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article 49.25, Code of Criminal
Procedure, is amended to read as follows:
Sec. 11. RECORDS. (a) The medical examiner shall keep
full and complete records properly indexed, giving the name if
known of every person whose death is investigated, the place where
the body was found, the date, the cause and manner of death, and
shall issue a death certificate. The full report and detailed
findings of the autopsy, if any, shall be a part of the record.
Copies of all records shall promptly be delivered to the proper
district, county, or criminal district attorney in any case where
further investigation is advisable. The records may not be
withheld, subject to a discretionary exception under [are subject
to required public disclosure in accordance with] Chapter 552,
Government Code, except that a photograph or x-ray of a body taken
during an autopsy is excepted from required public disclosure in
accordance with Chapter 552, Government Code, but is subject to
disclosure:
(1) under a subpoena or authority of other law; or
(2) if the photograph or x-ray is of the body of a
person who died while in the custody of law enforcement.
(b) Under the exception to public disclosure provided by
Subsection (a), a governmental body as defined by Section 552.003,
Government Code, may withhold a photograph or x-ray described by
Subsection (a) without requesting a decision from the attorney
general under Subchapter G, Chapter 552, Government Code. This
subsection does not affect the required disclosure of a photograph
or x-ray under Subsection (a)(1) or (2).
SECTION 2. The changes in law made by this Act apply only to
a request for information that is received by a governmental body or
an officer for public information on or after the effective date of
this Act. A request for information that was received before the
effective date of this Act is governed by the law in effect on the
date the request was received, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.