BILL ANALYSIS C.S.H.B. 155 By: Raymond Public Health Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author informed the committee that a constituent was unable to access certain autopsy records of a family member because of the restrictions on disclosing such records under state law and that a deceased's next of kin should not have to seek a subpoena to access an autopsy photograph or x-ray of the deceased. C.S.H.B. 155 seeks to remove this burden by making these autopsy records subject to disclosure to the deceased's next of kin, subject to a discretionary exception under state public information law. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 155 amends the Code of Criminal Procedure to make a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law subject to disclosure to the next of kin of the deceased, subject to a discretionary exception under state public information law. C.S.H.B. 155 establishes that a release of a photograph or x-ray of a body taken during an autopsy that is subject to being disclosed under the following circumstances is not considered a release of information to the public for purposes of voluntary disclosure of certain information under state public information law and does not waive the right to assert in the future that the photograph or x-ray is excepted from required disclosure under provisions relating to records of a medical examiner or other law: if the release is made under a subpoena or authority of other law; if the release is a photograph or x-ray of the body of a person who died while in the custody of law enforcement; or if the release is made to the deceased's next of kin. C.S.H.B. 155 applies only to a request for public information that is received by a governmental body or an officer on or after the bill's effective date. A request for information that was received before the bill's effective date 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. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 155 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced made a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law subject to disclosure to the next of kin or legal representative of the deceased, subject to a discretionary exception under state public information law, the substitute makes such a photograph or x-ray subject to disclosure only to the next of kin of the deceased, subject to that exception.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 155
By: Raymond
Public Health
Committee Report (Substituted)
C.S.H.B. 155
By: Raymond
Public Health
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author informed the committee that a constituent was unable to access certain autopsy records of a family member because of the restrictions on disclosing such records under state law and that a deceased's next of kin should not have to seek a subpoena to access an autopsy photograph or x-ray of the deceased. C.S.H.B. 155 seeks to remove this burden by making these autopsy records subject to disclosure to the deceased's next of kin, subject to a discretionary exception under state public information law.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 155 amends the Code of Criminal Procedure to make a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law subject to disclosure to the next of kin of the deceased, subject to a discretionary exception under state public information law. C.S.H.B. 155 establishes that a release of a photograph or x-ray of a body taken during an autopsy that is subject to being disclosed under the following circumstances is not considered a release of information to the public for purposes of voluntary disclosure of certain information under state public information law and does not waive the right to assert in the future that the photograph or x-ray is excepted from required disclosure under provisions relating to records of a medical examiner or other law: if the release is made under a subpoena or authority of other law; if the release is a photograph or x-ray of the body of a person who died while in the custody of law enforcement; or if the release is made to the deceased's next of kin. C.S.H.B. 155 applies only to a request for public information that is received by a governmental body or an officer on or after the bill's effective date. A request for information that was received before the bill's effective date 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.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 155 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced made a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law subject to disclosure to the next of kin or legal representative of the deceased, subject to a discretionary exception under state public information law, the substitute makes such a photograph or x-ray subject to disclosure only to the next of kin of the deceased, subject to that exception.
BACKGROUND AND PURPOSE
The bill author informed the committee that a constituent was unable to access certain autopsy records of a family member because of the restrictions on disclosing such records under state law and that a deceased's next of kin should not have to seek a subpoena to access an autopsy photograph or x-ray of the deceased. C.S.H.B. 155 seeks to remove this burden by making these autopsy records subject to disclosure to the deceased's next of kin, subject to a discretionary exception under state public information law.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 155 amends the Code of Criminal Procedure to make a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law subject to disclosure to the next of kin of the deceased, subject to a discretionary exception under state public information law.
C.S.H.B. 155 establishes that a release of a photograph or x-ray of a body taken during an autopsy that is subject to being disclosed under the following circumstances is not considered a release of information to the public for purposes of voluntary disclosure of certain information under state public information law and does not waive the right to assert in the future that the photograph or x-ray is excepted from required disclosure under provisions relating to records of a medical examiner or other law:
if the release is made under a subpoena or authority of other law;
if the release is a photograph or x-ray of the body of a person who died while in the custody of law enforcement; or
if the release is made to the deceased's next of kin.
C.S.H.B. 155 applies only to a request for public information that is received by a governmental body or an officer on or after the bill's effective date. A request for information that was received before the bill's effective date 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.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 155 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced made a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law subject to disclosure to the next of kin or legal representative of the deceased, subject to a discretionary exception under state public information law, the substitute makes such a photograph or x-ray subject to disclosure only to the next of kin of the deceased, subject to that exception.