By: Wentworth  S.B. No. 1907
         (In the Senate - Filed April 14, 2011; April 18, 2011, read
  first time and referred to Select Committee on Open Government;
  May 2, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 4, Nays 0; May 2, 2011, sent
  to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1907 By:  Wentworth
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to access to certain archaic information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 552, Government Code, is
  amended by adding Section 552.0215 to read as follows:
         Sec. 552.0215.  RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER
  75 YEARS. (a)  Except as provided by Section 552.147, the
  confidentiality provisions of this chapter, or other law,
  information that is not confidential but is excepted from required
  disclosure under Subchapter C is public information and is
  available to the public on or after the 75th anniversary of the date
  the information was originally created or received by the
  governmental body.
         (b)  This section does not limit the authority of a
  governmental body to establish retention periods for records under
  applicable law.
         SECTION 2.  Subsection (b), Section 201.009, Local
  Government Code, is amended to read as follows:
         (b)  Any local government record to which public access is
  denied under Chapter 552, Government Code, including a birth record
  maintained by a local registrar, is, if still in existence, open to
  public inspection 75 years after it was originally created or
  received. However, [a birth record maintained by a local registrar
  is, if still in existence, open to public inspection 100 years after
  it was originally created or received and] a death record
  maintained by a local registrar is, if still in existence, open to
  public inspection 55 years after it was originally created or
  received. This subsection does not limit the authority of a
  governing body or an elected county officer to establish retention
  periods for records under Section 203.042.
         SECTION 3.  Subsection (d), Section 159.002, Occupations
  Code, is amended to read as follows:
         (d)  The prohibitions of this chapter continue to apply to a
  confidential communication or record relating to a patient
  regardless of when the patient receives the services of a
  physician, except for medical records at least 75 [100] years old
  that are requested for historical research purposes.
         SECTION 4.  This Act takes effect September 1, 2011.
 
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