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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of death records of unidentified |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.115(a), Government Code, is amended |
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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 unit of the [Texas] Department of State Health |
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Services or a local registration official is excepted from the |
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requirements of Section 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 75th anniversary of the date of birth |
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as shown on the record filed with the [bureau of] vital statistics |
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unit 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 25th anniversary of the date of death |
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as shown on the record filed with the [bureau of] vital statistics |
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unit or local registration official, except that if the decedent is |
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unidentified, the death record is public information and available |
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to the public on and after the first anniversary of the date of |
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death; |
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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 unit |
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or a local registration official is public information and |
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available to the public to the extent the index relates to a birth |
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record or death record that is public information and available to |
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the public 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 unit or a |
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local registration official is public information and available to |
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the 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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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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