H.B. No. 2357
AN ACT
relating to an exception from required disclosure of information
related to certain crime victims and the release to certain
entities of autopsy reports of deceased persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article 49.25, Code of Criminal
Procedure, is amended by adding Subsection (c) to read as follows:
(c) The medical examiner may release a copy of an autopsy
report of a deceased person to any organ and tissue procurement
organization, hospital, or other covered entity as defined by
Section 181.001, Health and Safety Code, that treated the deceased
person before death or procured any anatomical gift from the body of
the deceased person. The release of a report under this subsection
is not considered a disclosure under Chapter 552, Government Code.
A report obtained under this subsection is confidential and not
subject to disclosure under Chapter 552, Government Code.
SECTION 2. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.1315 to read as follows:
Sec. 552.1315. EXCEPTION: CONFIDENTIALITY OF CERTAIN CRIME
VICTIM RECORDS. (a) Information is confidential and excepted from
the requirements of Section 552.021 if the information identifies
an individual as:
(1) a victim of:
(A) an offense under Section 20A.02, 20A.03,
21.02, 21.11, 22.011, 22.021, 43.05, or 43.25, Penal Code; or
(B) an offense that is part of the same criminal
episode, as defined by Section 3.01, Penal Code, as an offense
described by Paragraph (A); or
(2) a victim of any criminal offense, if the victim was
younger than 18 years of age when any element of the offense was
committed.
(b) Notwithstanding Subsection (a), information under this
section may be disclosed:
(1) to any victim identified by the information, or to
the parent or guardian of a victim described by Subsection (a)(2)
who is identified by the information;
(2) to a law enforcement agency for investigative
purposes; or
(3) in accordance with a court order requiring the
disclosure.
SECTION 3. The change in law made by this Act applies 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 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, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2357 was passed by the House on May
11, 2021, by the following vote: Yeas 135, Nays 8, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2357 on May 28, 2021, by the following vote: Yeas 147, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2357 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor