By:  Wohlgemuth, et al. (Senate Sponsor - Wentworth)              H.B. No. 545
	(In the Senate - Received from the House April 14, 2003; 
April 15, 2003, read first time and referred to Committee on 
Veteran Affairs and Military Installations; May 9, 2003, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 3, Nays 0; May 9, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 545                                    By:  Estes


A BILL TO BE ENTITLED

AN ACT


relating to military discharge records that are recorded with or 
otherwise in the possession of a governmental body.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 552, Government Code, is 
amended by adding Section 552.140 to read as follows:
	Sec. 552.140.  MILITARY DISCHARGE RECORDS.  (a)  This 
section applies only to a military veteran's Department of Defense 
Form DD-214 or other military discharge record that is first 
recorded with or that otherwise first comes into the possession of a 
governmental body on or after September 1, 2003.
	(b)  The record is confidential for the 75 years following 
the date it is recorded with or otherwise first comes into the 
possession of a governmental body.  During that period the 
governmental body 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.
	(c)  On request and the presentation of proper 
identification, the following persons may inspect the military 
discharge record or obtain from the governmental body 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;       
		(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; or
		(6)  another governmental body.                                        
	(d)  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.
	(e)  A governmental body that obtains information from the 
record shall limit the governmental body's use and disclosure of 
the information to the purpose for which the information was 
obtained.
	SECTION 2.  Section 192.002, Local Government Code, is 
amended by adding Subsection (c) to read as follows:
	(c)(1)  This subsection applies only in relation to a 
military discharge record that is recorded with a county clerk 
under this section before September 1, 2003.
		(2)  The veteran who is the subject of the record or the 
legal guardian of the veteran may direct, in writing, that the 
county clerk destroy all copies of the record that the county clerk 
makes readily available to the public for purposes of Section 
191.006, such as paper copies of the record in the county courthouse 
or a courthouse annex, microfilm or microfiche copies of the record 
in the county courthouse or a courthouse annex, and electronic 
copies of the record that are available to the public.  The county 
clerk shall comply with the direction within 15 business days after 
the date the direction is received.  The county clerk's compliance 
does not violate any law of this state relating to the preservation, 
destruction, or alienation of public records.  The direction to 
destroy the copies of the record, the county clerk's compliance, 
and any delay between the time the direction is made and the time 
the county clerk destroys the copies may not be used to limit or 
restrict the public's access to the real property records of the 
county.
		(3)  A county clerk who receives a request under 
Chapter 552, Government Code, for inspection or duplication of a 
military discharge record recorded before September 1, 2003, is 
only required to search for the record in places where or media in 
which the county clerk makes records readily available to the 
public for purposes of Section 191.006, such as paper records 
stored in the county courthouse or a courthouse annex, microfilmed 
or microfiched records stored in the county courthouse or a 
courthouse annex, and electronically stored records made available 
to the public.  This subdivision does not apply to a request made by 
the veteran who is the subject of the military discharge record or 
the legal guardian of the veteran.
	SECTION 3.  This Act takes effect September 1, 2003.                           



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