78R3901 KKA-D

By:  Gallego                                                      H.B. No. 1778



A BILL TO BE ENTITLED

AN ACT

relating to access to birth records under the public information 
law.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 552.115(a), Government Code, is amended 
to read as follows:
	(a)  A birth or death record maintained by the bureau of 
vital statistics of the Texas Department of Health or a local 
registration official is excepted from the requirements of Section 
552.021, except that:
		(1)  a birth record is public information and available 
to the public on and after the 75th [50th] anniversary of the date 
of birth as shown on the record filed with the bureau of vital 
statistics or local registration official;
		(2)  a death record is public information and available 
to the public on and after the 25th anniversary of the date of death 
as shown on the record filed with the bureau of vital statistics or 
local registration official;
		(3)  a general birth index or a general death index 
established or maintained by the bureau of vital statistics or a 
local registration official is public information and available to 
the public to the extent the index relates to a birth record or 
death record that is public information and available to the public 
under Subdivision (1) or (2);
		(4)  a summary birth index or a summary death index 
prepared or maintained by the bureau of vital statistics or a local 
registration official is public information and available to the 
public; and
		(5)  a birth or death record is available to the chief 
executive officer of a home-rule municipality or the officer's 
designee if:
			(A)  the record is used only to identify a 
property owner or other person to whom the municipality is required 
to give notice when enforcing a state statute or an ordinance;
			(B)  the municipality has exercised due diligence 
in the manner described by Section 54.035(e), Local Government 
Code, to identify the person; and
			(C)  the officer or designee signs a 
confidentiality agreement that requires that:
				(i)  the information not be disclosed 
outside the office of the officer or designee, or within the office 
for a purpose other than the purpose described by Paragraph (A);
				(ii)  the information be labeled as 
confidential;                         
				(iii)  the information be kept securely; and                                
				(iv)  the number of copies made of the 
information or the notes taken from the information that implicate 
the confidential nature of the information be controlled, with all 
copies or notes that are not destroyed or returned remaining 
confidential and subject to the confidentiality agreement.
	SECTION 2.  Section 191.004(c), Local Government Code, is 
amended to read as follows:
	(c)  Subsection (a) does not apply to birth and death records 
maintained under the vital statistics laws of this state as 
provided by Title 3, Health and Safety Code [Chapter 41, Acts of the 
40th Legislature, 1st Called Session, 1927 (Rules 34a-55a, Article 
4477, Vernon's Texas Civil Statutes)].  The [county clerk shall 
allow access to and give attested copies of a birth record on and 
after the 50th anniversary of the date on which it is filed and 
shall allow access to and give attested copies of a death record on 
and after the 25th anniversary of the date on which it is filed.  
Before that time, the] county clerk shall allow access to and give 
attested copies of those records only as provided by the vital 
statistics laws, [and] rules adopted under those laws, and Chapter 
552, Government Code.
	SECTION 3.  This Act takes effect September 1, 2003.