H.B. No. 2357
 
 
 
 
AN ACT
  relating to an exception from required disclosure of information
  related to certain crime victims and the release to certain
  entities of autopsy reports of deceased persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11, Article 49.25, Code of Criminal
  Procedure, is amended by adding Subsection (c) to read as follows:
         (c)  The medical examiner may release a copy of an autopsy
  report of a deceased person to any organ and tissue procurement
  organization, hospital, or other covered entity as defined by
  Section 181.001, Health and Safety Code, that treated the deceased
  person before death or procured any anatomical gift from the body of
  the deceased person. The release of a report under this subsection
  is not considered a disclosure under Chapter 552, Government Code.
  A report obtained under this subsection is confidential and not
  subject to disclosure under Chapter 552, Government Code.
         SECTION 2.  Subchapter C, Chapter 552, Government Code, is
  amended by adding Section 552.1315 to read as follows:
         Sec. 552.1315.  EXCEPTION: CONFIDENTIALITY OF CERTAIN CRIME
  VICTIM RECORDS. (a) Information is confidential and excepted from
  the requirements of Section 552.021 if the information identifies
  an individual as:
               (1)  a victim of:
                     (A)  an offense under Section 20A.02, 20A.03,
  21.02, 21.11, 22.011, 22.021, 43.05, or 43.25, Penal Code; or
                     (B)  an offense that is part of the same criminal
  episode, as defined by Section 3.01, Penal Code, as an offense
  described by Paragraph (A); or
               (2)  a victim of any criminal offense, if the victim was
  younger than 18 years of age when any element of the offense was
  committed.
         (b)  Notwithstanding Subsection (a), information under this
  section may be disclosed:
               (1)  to any victim identified by the information, or to
  the parent or guardian of a victim described by Subsection (a)(2)
  who is identified by the information;
               (2)  to a law enforcement agency for investigative
  purposes; or
               (3)  in accordance with a court order requiring the
  disclosure.
         SECTION 3.  The change in law made by this Act applies to a
  request for information that is received by a governmental body or
  an officer for public information on or after the effective date of
  this Act.  A request for information that was received before the
  effective date of this Act is governed by the law in effect on the
  date the request was received, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2357 was passed by the House on May
  11, 2021, by the following vote:  Yeas 135, Nays 8, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2357 on May 28, 2021, by the following vote:  Yeas 147, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2357 was passed by the Senate, with
  amendments, on May 26, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor