78R222 JRD-D
By: Wohlgemuth H.B. No. 545
A BILL TO BE ENTITLED
AN ACT
relating to making a military discharge record that a veteran has
recorded with the county clerk a confidential record for a period of
50 years and limiting the disclosure and use of the record.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.002, Local Government Code, is
amended by adding Subsections (c)-(f) to read as follows:
(c) A military discharge record recorded under this section
is confidential for a period of 50 years following the date it is
recorded. During the 50-year period the county clerk may permit
inspection or copying of the record or disclose information
contained in the record only in accordance with this section or in
accordance with a court order.
(d) On request and the presentation of proper
identification, the following persons may inspect the military
discharge record or obtain from the county clerk free of charge a
copy or certified copy of the record:
(1) the veteran who is the subject of the record;
(2) the legal guardian of the veteran;
(3) the spouse or a child or parent of the veteran or,
if there is no living spouse, child or parent, the nearest living
relative of the veteran;
(4) the personal representative of the estate of the
veteran; or
(5) the person named by the veteran, or by a person
described by Subdivision (2), (3), or (4), in an appropriate power
of attorney executed in accordance with Chapter XII, Section 490,
Texas Probate Code.
(e) A court that orders the release of information under
this section shall limit the further disclosure of the information
and the purposes for which the information may be used.
(f) A governmental entity that obtains information from a
record that was recorded under this section must limit the
governmental entity's use and disclosure of the information to the
purpose for which the information was obtained.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.