BILL ANALYSIS

 

 

Senate Research Center                                                                                                         H.B. 18

79R126 JRD-F                                                                                           By: Corte (Van de Putte)

                                                                                             Veteran Affairs & Military Installations

                                                                                                                                            4/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Upon discharge from the military, veterans receive paperwork that contains very confidential information.  Generally, this paperwork is filed with the local county clerk's office for safekeeping.  Before the 78th Legislature, this paperwork was available to members of the general public through the Open Records Act.  That body passed a bill making these records confidential for a period of 75 years, and mandated that only veterans, their legal guardians, spouses, parents, or closest living relative, are allowed to inspect the records and obtain a copy of the record free of charge.  The record is also available to a representative of the veteran’s estate, a person granted power of attorney by the veteran, or another governmental agency.

 

However, it would be helpful if an authorized representative from a funeral home could also gain access to this paperwork.  Before the last session, funeral homes could easily gain access to this information in order to coordinate death benefits with an authorized veteran service officer, and also take care of all other funeral arrangements.  Under the new law, since representatives of funeral homes are not expressly granted access to veteran DD214 forms, a family member or other authorized person must take care of these details.

 

As engrossed, H.B. 18 corrects this oversight from the last session, and expressly grants an authorized representative from a funeral home access to private veteran discharge records.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 552.140(c), Government Code, to include an authorized representative of the funeral home that assists with the burial of the veteran amongst the individuals authorized to inspect the military discharge record or obtain from the governmental body free of charge a copy or certified copy of the letter, on request and presentation of proper identification.

 

SECTION 2.  Effective date:  upon passage or the 91st day after adjournment.