| 1 | 1 | | By: Kolkhorst S.B. No. 1102 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to access to certain education, law enforcement, and |
|---|
| 7 | 7 | | health records under the public information law. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 552.026, Government Code, is amended to |
|---|
| 10 | 10 | | read as follows: |
|---|
| 11 | 11 | | Sec. 552.026. EDUCATION RECORDS. (a) Except as provided by |
|---|
| 12 | 12 | | Subsection (b), this [This] chapter does not require the release of |
|---|
| 13 | 13 | | information contained in education records of an educational agency |
|---|
| 14 | 14 | | or institution, except in conformity with the Family Educational |
|---|
| 15 | 15 | | Rights and Privacy Act of 1974, Sec. 513, Pub. L. No. 93-380, 20 |
|---|
| 16 | 16 | | U.S.C. Sec. 1232g. |
|---|
| 17 | 17 | | (b) A governmental body shall release records related to |
|---|
| 18 | 18 | | school attendance of a person: |
|---|
| 19 | 19 | | (1) who is 18 years of age or older; |
|---|
| 20 | 20 | | (2) who is deceased or incapacitated; and |
|---|
| 21 | 21 | | (3) against whom an indictment: |
|---|
| 22 | 22 | | (A) has been filed charging the person with an |
|---|
| 23 | 23 | | offense under Chapter 19, Penal Code, in a mass shooting; or |
|---|
| 24 | 24 | | (B) could have been filed charging the person |
|---|
| 25 | 25 | | with an offense under Chapter 19, Penal Code, in a mass shooting if |
|---|
| 26 | 26 | | the person was not deceased. |
|---|
| 27 | 27 | | (c) Notwithstanding Section 65.202, Family Code, truancy |
|---|
| 28 | 28 | | records and files created under Chapter 65, Family Code, for a |
|---|
| 29 | 29 | | person described by Subsection (b) are subject to disclosure under |
|---|
| 30 | 30 | | Section 552.021. |
|---|
| 31 | 31 | | (d) In this section, "mass shooting" means a person's |
|---|
| 32 | 32 | | discharge of a firearm to cause death to four or more persons: |
|---|
| 33 | 33 | | (1) during the same criminal transaction; or |
|---|
| 34 | 34 | | (2) during different criminal transactions but |
|---|
| 35 | 35 | | pursuant to the same scheme or course of conduct. |
|---|
| 36 | 36 | | SECTION 2. Subchapter B, Chapter 552, Government Code, is |
|---|
| 37 | 37 | | amended by adding Section 552.030 to read as follows: |
|---|
| 38 | 38 | | Sec. 552.030. RIGHT OF ACCESS TO TOXICOLOGY INFORMATION |
|---|
| 39 | 39 | | RELATING TO MASS SHOOTINGS. (a) In this section, "mass shooting" |
|---|
| 40 | 40 | | has the meaning assigned by Section 552.026. |
|---|
| 41 | 41 | | (b) As soon as practicable, but not later than the 180th day |
|---|
| 42 | 42 | | after the date a mass shooting occurs, a governmental body shall |
|---|
| 43 | 43 | | make public the toxicology reports relating to the mass shooting in |
|---|
| 44 | 44 | | the governmental body's possession. |
|---|
| 45 | 45 | | SECTION 3. Section 181.006, Health and Safety Code, is |
|---|
| 46 | 46 | | amended to read as follows: |
|---|
| 47 | 47 | | Sec. 181.006. PROTECTED HEALTH INFORMATION NOT PUBLIC. (a) |
|---|
| 48 | 48 | | Notwithstanding Sections 181.004 and 181.051, for a covered entity |
|---|
| 49 | 49 | | that is a governmental unit, an individual's protected health |
|---|
| 50 | 50 | | information: |
|---|
| 51 | 51 | | (1) includes any information that reflects that an |
|---|
| 52 | 52 | | individual received health care from the covered entity; and |
|---|
| 53 | 53 | | (2) except as provided by Subsection (b), is not public |
|---|
| 54 | 54 | | information and is not subject to disclosure under Chapter 552, |
|---|
| 55 | 55 | | Government Code. |
|---|
| 56 | 56 | | (b) A covered entity that is a governmental unit shall |
|---|
| 57 | 57 | | release all records and files for an individual described by |
|---|
| 58 | 58 | | Sections 552.026(b)(2) and (3), Government Code, related to the |
|---|
| 59 | 59 | | individual's enrollment in a state health plan that receives |
|---|
| 60 | 60 | | funding under 42 U.S.C. Section 1397aa et seq. |
|---|
| 61 | 61 | | SECTION 4. The changes in law made by this Act apply to |
|---|
| 62 | 62 | | information produced or maintained before, on, or after the |
|---|
| 63 | 63 | | effective date of this Act. |
|---|
| 64 | 64 | | SECTION 5. This Act takes effect September 1, 2023. |
|---|