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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of birth and death records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 552.115(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) A birth or death record maintained by the bureau of |
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vital statistics of the Texas Department of Health or a local |
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registration official is excepted from the requirements of Section |
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552.021, except that: |
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(1) a birth record is public information and available |
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to the public on and after the 125th [75th] anniversary of the date |
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of birth as shown on the record filed with the bureau of vital |
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statistics or local registration official; |
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(2) a death record is public information and available |
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to the public on and after the 50th [25th] anniversary of the date |
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of death as shown on the record filed with the bureau of vital |
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statistics or local registration official; |
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(3) a general birth index or a general death index |
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established or maintained by the bureau of vital statistics or a |
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local registration official is public information and available to |
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the public to the extent the index relates to a birth record or |
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death record that is public information and available to the public |
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under Subdivision (1) or (2); |
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(4) a summary birth index or a summary death index |
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prepared or maintained by the bureau of vital statistics or a local |
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registration official is public information and available to the |
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public; and |
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(5) a birth or death record is available to the chief |
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executive officer of a home-rule municipality or the officer's |
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designee if: |
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(A) the record is used only to identify a |
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property owner or other person to whom the municipality is required |
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to give notice when enforcing a state statute or an ordinance; |
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(B) the municipality has exercised due diligence |
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in the manner described by Section 54.035(e), Local Government |
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Code, to identify the person; and |
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(C) the officer or designee signs a |
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confidentiality agreement that requires that: |
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(i) the information not be disclosed |
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outside the office of the officer or designee, or within the office |
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for a purpose other than the purpose described by Paragraph (A); |
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(ii) the information be labeled as |
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confidential; |
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(iii) the information be kept securely; and |
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(iv) the number of copies made of the |
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information or the notes taken from the information that implicate |
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the confidential nature of the information be controlled, with all |
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copies or notes that are not destroyed or returned remaining |
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confidential and subject to the confidentiality agreement. |
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(d) For the purposes of fulfilling the terms of the |
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agreement in Subsection (c), the Genealogical Society of Utah shall |
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have access to birth records on and after the 50th anniversary of |
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the date of birth as shown on the record filed with the bureau of |
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vital statistics or local registration official, but such birth |
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records shall not be made available to the public until the 125th |
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[75th] anniversary of the date of birth as shown on the record. |
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SECTION 2. The change in law made by this Act applies to the |
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release of a birth or death record after the effective date of this |
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Act, regardless of whether the birth or death record was a public |
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record before the effective date of this Act under the law as it |
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existed immediately before the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |