C.S.H.B. 545 78(R) BILL ANALYSIS C.S.H.B. 545 By: Wohlgemuth Defense Affairs and State-Federal Relations Committee Report (Substituted) BACKGROUND AND PURPOSE Military veterans receive a military discharge form, otherwise know as a DD 214 upon separation and in order to receive retirement, and other military benefits they are generally required to produce a copy of the form. In order to always have a copy of their DD 214, a veteran will often file it through their local county clerk. In Texas, however, all documents filed with a county clerk are public record. This is a concern because DD 214 forms contain personal identification information such as dates of birth and many older ones contain Social Security numbers. With this information available to the public, the threat of identity theft remains a real possibility and a reality to some. C.S.H.B. 545 provides for DD 214 forms, that are filed with a County Clerk after September 1, 2003, or with certain state agencies, are to be maintained confidential for a period of 75 years. This information may be disclosed to certain individuals and entities enumerated in the bill. The bill would also allow veterans who currently have records filed with the clerks to direct the clerk to destroy all copies within their control that are readily accessible to the public. 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 SECTION 1. This bill will require County Clerks and state agencies to which Chapter 552, Government Code applies, to maintain military discharge records confidential for a period of 75 years. During this time period, the affected entities may permit inspection or copying of the record, or disclosure of its information only to the veteran who is the subject of the record, the veteran's legal guardian, spouse, child, or parent (or the nearest living relative if there is no spouse, child or parent), the personal representative of the estate of the veteran, a governmental body, the person named by the veteran in an appropriate Power of Attorney, or through a court order. If a court orders release of information it shall limit further disclosure of information and determine how the information may be used. A governmental entity that obtains information shall limit the governmental entity's disclosure and use of information to the purpose for which it was obtained. SECTION 2. This bill allows the veteran, or their legal guardian, to direct the county clerk to destroy all copies of the record that the county clerk makes readily available to the public, including paper copies, microfilm, microfische, and electronic copies. The clerk shall comply within 15 business days. The bill also states that in response to an Open Records request made by someone other than the veteran or their legal guardian on a specific military discharge record filed prior to September 1, 2003, a county clerk only needs to search records that are readily available to the public. SECTION 3 - Effective Date: September 1, 2003. COMPARISON OF SUBSTITUTE TO ORIGINAL The substitute modifies the original version of the bill in SECTION 1 by changing the statute to which this bill applies from Chapter 192.002, Local Government Code to Chapter 552.140, Government Code. The substitute modifies the original version of the bill in SECTION 1 by changing the confidentiality period from 50 to 75 years. The substitute modifies the original version of the bill by adding "another governmental entity" to the list of persons allowed to access military discharge records. The substitute modifies the original version of the bill by adding a new SECTION 2 to replace the effective date clause. SECTION 2 allows a veteran to direct the county clerk to destroy their military discharge record filed with them from their readily accessible records. SECTION 2 also directs that in response to an Open Records request made by someone other than the veteran or their legal guardian on a specific military discharge record filed prior to September 1, 2003, a county clerk is only required to search records that are readily available to the public. The substitute modifies the original version of the bill by adding SECTION 3 to state that this Act takes effect September 1, 2003.