Texas 2025 - 89th Regular

Texas House Bill HB4490

Filed
3/12/25  
Out of House Committee
4/23/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to an exemption from required disclosure of information related to the next of kin of deceased persons.

Impact

If enacted, HB 4490 would modify how next of kin information is treated under state law, aligning it more closely with privacy considerations. As it stands, the Texas Public Information Act mandates certain disclosures by governmental bodies, but this bill's exemption would mean that such information cannot be casually accessed by the public. The change is particularly relevant for funeral homes, coroner offices, and government agencies that handle deceased persons' records, as it could impact protocols for how such entities communicate with families during bereavement.

Summary

House Bill 4490 aims to amend the Code of Criminal Procedure to create an exemption from the required disclosure of information regarding the next of kin of deceased individuals. Specifically, this bill stipulates that data relating to a decedent's next of kin will not be subject to public disclosure under the existing public information laws, although it remains accessible under subpoena or by other legal authority. The proposed change reflects an effort to enhance privacy protections for families during a sensitive time following the death of a loved one, aligning with broader trends in legislation focused on privacy rights.

Sentiment

The dialogue surrounding HB 4490 appears to be largely favorable, reflecting support from various stakeholders who emphasize the importance of privacy for families mourning the loss of a relative. Lawmakers and advocacy groups recognize the need to safeguard personal information, especially in contexts sensitive to grief and mental well-being. Nevertheless, there may be mixed sentiments among transparency advocates who fear that such exemptions could set a precedent for withholding more types of information from public scrutiny.

Contention

One notable point of contention regarding HB 4490 is the balance between transparency and privacy. While supporters argue that protecting next of kin information is crucial for respecting family wishes, critics might raise concerns about how far these privacy protections could extend. There might be fears that excessive exemptions could obscure information from public discourse, especially in cases where public interest is at stake. The bill's exceptions to disclosure, particularly in relation to legal proceedings, could spark further debate on the boundaries of privacy versus the public's right to know.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 49. Inquests Upon Dead Bodies
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 552. Public Information
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2067

Identical Relating to an exemption from required disclosure of information related to the next of kin of deceased persons.

Similar Bills

No similar bills found.