| 1 | 1 | | By: Raymond H.B. No. 576 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the confidentiality of certain autopsy records. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 11, Article 49.25, Code of Criminal |
|---|
| 9 | 9 | | Procedure, is amended by amending Subsections (a) and (b) and |
|---|
| 10 | 10 | | adding Subsections (b-1) and (b-2) to read as follows: |
|---|
| 11 | 11 | | (a) The medical examiner shall keep full and complete |
|---|
| 12 | 12 | | records properly indexed, giving the name if known of every person |
|---|
| 13 | 13 | | whose death is investigated, the place where the body was found, the |
|---|
| 14 | 14 | | date, and the cause and manner of death, and shall issue a death |
|---|
| 15 | 15 | | certificate. The full report and detailed findings of the autopsy, |
|---|
| 16 | 16 | | if any, shall be a part of the record. Copies of all records shall |
|---|
| 17 | 17 | | promptly be delivered to the proper district, county, or criminal |
|---|
| 18 | 18 | | district attorney in any case where further investigation is |
|---|
| 19 | 19 | | advisable. The records may not be withheld, subject to a |
|---|
| 20 | 20 | | discretionary exception under Chapter 552, Government Code, and |
|---|
| 21 | 21 | | except as provided by Subsection (b). |
|---|
| 22 | 22 | | (b) A [that a] photograph or x-ray of a body taken during an |
|---|
| 23 | 23 | | autopsy is excepted from required public disclosure in accordance |
|---|
| 24 | 24 | | with Chapter 552, Government Code, but is subject to disclosure: |
|---|
| 25 | 25 | | (1) under a subpoena or authority of other law; [or] |
|---|
| 26 | 26 | | (2) if the photograph or x-ray is of the body of a |
|---|
| 27 | 27 | | person who died while in the custody of law enforcement; or |
|---|
| 28 | 28 | | (3) to the next of kin or legal representative of the |
|---|
| 29 | 29 | | deceased, subject to a discretionary exception under Chapter 552, |
|---|
| 30 | 30 | | Government Code. |
|---|
| 31 | 31 | | (b-1) [(b)] Under the exception to public disclosure |
|---|
| 32 | 32 | | provided by Subsection (b) [(a)], a governmental body as defined by |
|---|
| 33 | 33 | | Section 552.003, Government Code, may withhold a photograph or |
|---|
| 34 | 34 | | x-ray described by that subsection [Subsection (a)] without |
|---|
| 35 | 35 | | requesting a decision from the attorney general under Subchapter G, |
|---|
| 36 | 36 | | Chapter 552, Government Code. This subsection does not affect the |
|---|
| 37 | 37 | | required disclosure of a photograph or x-ray as otherwise required |
|---|
| 38 | 38 | | by [under] Subsection (b) [(a)(1) or (2)]. |
|---|
| 39 | 39 | | (b-2) A release of a photograph or x-ray described by |
|---|
| 40 | 40 | | Subsection (b) is not considered a release of information to the |
|---|
| 41 | 41 | | public for purposes of Section 552.007, Government Code, and does |
|---|
| 42 | 42 | | not waive the right to assert in the future that the photograph or |
|---|
| 43 | 43 | | x-ray is excepted from required disclosure under this section or |
|---|
| 44 | 44 | | other law. |
|---|
| 45 | 45 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 46 | 46 | | a request for information that is received by a governmental body or |
|---|
| 47 | 47 | | an officer for public information on or after the effective date of |
|---|
| 48 | 48 | | this Act. A request for information that was received before the |
|---|
| 49 | 49 | | effective date of this Act is governed by the law in effect on the |
|---|
| 50 | 50 | | date the request was received, and the former law is continued in |
|---|
| 51 | 51 | | effect for that purpose. |
|---|
| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|