Texas 2023 - 88th Regular

Texas House Bill HB1652 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Toth H.B. No. 1652
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a right of access to certain information after a lapse
7	7	of time.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 552.0215, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 552.0215. RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER
12	12	150 [75] YEARS. (a) Except as provided by Section 552.147, the
13	13	confidentiality provisions of this chapter, or other law,
14	14	information that is not confidential but is excepted from required
15	15	disclosure under Subchapter C is public information and is
16	16	available to the public on or after the 150th [75th] anniversary of
17	17	the date the information was originally created or received by the
18	18	governmental body.
19	19	(b) This section does not limit the authority of a
20	20	governmental body to establish retention periods for records under
21	21	applicable law.
22	22	SECTION 2. Section 552.115, Government Code, is amended by
23	23	amending Subsections (a) and (d) read as follows:
24	24	(a) A birth or death record maintained by the vital
25	25	statistics unit of the Department of State Health Services or a
26	26	local registration official is excepted from the requirements of
27	27	Section 552.021, except that:
28	28	(1) a birth record is public information and available
29	29	to the public on and after the 150th [75th] anniversary of the date
30	30	of birth as shown on the record filed with the vital statistics unit
31	31	or local registration official;
32	32	(2) a death record is public information and available
33	33	to the public on and after the 25th anniversary of the date of death
34	34	as shown on the record filed with the vital statistics unit or local
35	35	registration official, except that if the decedent is unidentified,
36	36	the death record is public information and available to the public
37	37	on and after the first anniversary of the date of death;
38	38	(3) a general birth index or a general death index
39	39	established or maintained by the vital statistics unit or a local
40	40	registration official is public information and available to the
41	41	public to the extent the index relates to a birth record or death
42	42	record that is public information and available to the public under
43	43	Subdivision (1) or (2);
44	44	(4) a summary birth index or a summary death index
45	45	prepared or maintained by the vital statistics unit or a local
46	46	registration official is public information and available to the
47	47	public; and
48	48	(5) a birth or death record is available to the chief
49	49	executive officer of a home-rule municipality or the officer's
50	50	designee if:
51	51	(A) the record is used only to identify a
52	52	property owner or other person to whom the municipality is required
53	53	to give notice when enforcing a state statute or an ordinance;
54	54	(B) the municipality has exercised due diligence
55	55	in the manner described by Section 54.035(e), Local Government
56	56	Code, to identify the person; and
57	57	(C) the officer or designee signs a confidentiality
58	58	agreement that requires that:
59	59	(i) the information not be disclosed outside the
60	60	office of the officer or designee, or within the office for a
61	61	purpose other than the purpose described by Paragraph (A);
62	62	(ii) the information be labeled as confidential;
63	63	(iii) the information be kept securely; and
64	64	(iv) the number of copies made of the information
65	65	or the notes taken from the information that implicate the
66	66	confidential nature of the information be controlled, with all
67	67	copies or notes that are not destroyed or returned remaining
68	68	confidential and subject to the confidentiality agreement.
69	69	(d) For the purposes of fulfilling the terms of the
70	70	agreement in Subsection (c), the Genealogical Society of Utah shall
71	71	have access to birth records on and after the 50th anniversary of
72	72	the date of birth as shown on the record filed with the bureau of
73	73	vital statistics or local registration official, but such birth
74	74	records shall not be made available to the public until the 150th
75	75	[75th] anniversary of the date of birth as shown on the record.
76	76	SECTION 3. Section 552.140(b), Government Code, is amended
77	77	to read as follows:
78	78	(b) The record is confidential for the 132 [75] years
79	79	following the date it is recorded with or otherwise first comes into
80	80	the possession of a governmental body. During that period the
81	81	governmental body may permit inspection or copying of the record or
82	82	disclose information contained in the record only in accordance
83	83	with this section or in accordance with a court order.
84	84	SECTION 4. This Act takes effect immediately if it receives
85	85	a vote of two-thirds of all the members elected to each house, as
86	86	provided by Section 39, Article III, Texas Constitution. If this
87	87	Act does not receive the vote necessary for immediate effect, this
88	88	Act takes effect September 1, 2023.