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.