Texas 2025 - 89th Regular

Texas House Bill HB4490

Filed
3/12/25  
Out of House Committee
4/23/25  
Voted on by House
5/1/25  
Out of Senate Committee
5/20/25  
Voted on by Senate
5/22/25  
Governor Action
6/20/25  

Caption

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

Impact

The enactment of HB4490 will have significant implications for state laws regarding public access to information. By modifying existing regulations concerning the disclosure of personal information, the bill balances the need for transparency against the need for privacy, especially regarding the grieving families of deceased persons. This change means that state and local governmental entities will no longer have to disclose next of kin information as part of public records, which could enhance privacy protections for these individuals.

Summary

House Bill 4490 proposes an exemption from required disclosure of information regarding the next of kin of deceased individuals. Specifically, the bill adds a new subsection to the Code of Criminal Procedure, allowing the next of kin's information to be withheld from public disclosure under the Government Code, albeit it will still be subject to disclosure under subpoena or other legal authority. This legislative change is aimed at protecting the privacy of family members during sensitive times following a death.

Sentiment

The sentiment surrounding HB4490 appears to be generally positive among those advocating for privacy rights. Supporters argue that the bill is a necessary step in respecting the rights of family members during a difficult time. However, concerns have been raised about the potential implications for transparency within public records and how the limitations on disclosure might affect other legal proceedings. Overall, the discourse suggests a need for balancing privacy with public interest.

Contention

Key points of contention during discussions of HB4490 included whether the exemption from disclosure might hinder legal processes or public accountability. Critics of the bill expressed concerns that it could set a precedent for restricting access to other relevant public information, while proponents emphasized the importance of protecting familial privacy. Additionally, specific suggestions were made regarding how the public can still access vital information without compromising the privacy of next of kin.

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
    • Section: New Section
    • Section: 25
    • Section: 25

Government Code

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

Companion Bills

TX SB2067

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

Similar Bills

No similar bills found.