88R2676 AJZ-D
 
  By: Raymond H.B. No. 576
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of certain autopsy records.
         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 amending Subsections (a) and (b) and
  adding Subsection (b-1) to read as follows:
         (a)  The medical examiner shall keep full and complete
  records properly indexed, giving the name if known of every person
  whose death is investigated, the place where the body was found, the
  date, and the cause and manner of death, and shall issue a death
  certificate.  The full report and detailed findings of the autopsy,
  if any, shall be a part of the record. Copies of all records shall
  promptly be delivered to the proper district, county, or criminal
  district attorney in any case where further investigation is
  advisable. The records may not be withheld, subject to a
  discretionary exception under Chapter 552, Government Code, and
  except as provided by Subsection (b).
         (b)  A [that a] photograph or x-ray of a body taken during an
  autopsy is excepted from required public disclosure in accordance
  with Chapter 552, Government Code, but is subject to disclosure:
               (1)  under a subpoena or authority of other law; [or]
               (2)  if the photograph or x-ray is of the body of a
  person who died while in the custody of law enforcement; or 
               (3)  to the next of kin or legal representative of the
  deceased, subject to a discretionary exception under Chapter 552,
  Government Code.
         (b-1) [(b)]  Under the exception to public disclosure
  provided by Subsection (b) [(a)], a governmental body as defined by
  Section 552.003, Government Code, may withhold a photograph or
  x-ray described by that subsection [Subsection (a)] without
  requesting a decision from the attorney general under Subchapter G,
  Chapter 552, Government Code.  This subsection does not affect the
  required disclosure of a photograph or x-ray as otherwise required
  by [under] Subsection (b) [(a)(1) or (2)].
         SECTION 2.  The changes in law made by this Act apply only 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 3.  This Act takes effect September 1, 2023.