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A BILL TO BE ENTITLED
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AN ACT
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relating to a right of access to certain information after a lapse |
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of time. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.0215, Government Code, is amended to |
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read as follows: |
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Sec. 552.0215. RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER |
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150 [75] YEARS. (a) Except as provided by Section 552.147, the |
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confidentiality provisions of this chapter, or other law, |
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information that is not confidential but is excepted from required |
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disclosure under Subchapter C is public information and is |
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available to the public on or after the 150th [75th] anniversary of |
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the date the information was originally created or received by the |
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governmental body. |
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(b) This section does not limit the authority of a |
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governmental body to establish retention periods for records under |
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applicable law. |
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SECTION 2. Section 552.115, Government Code, is amended by |
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amending Subsections (a) and (d) read as follows: |
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(a) A birth or death record maintained by the vital |
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statistics unit of the Department of State Health Services or a |
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local registration official is excepted from the requirements of |
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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 150th [75th] anniversary of the date |
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of birth as shown on the record filed with the vital statistics unit |
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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 vital statistics unit or local |
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registration official, except that if the decedent is unidentified, |
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the death record is public information and available to the public |
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on and after the first anniversary of the date of death; |
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(3) a general birth index or a general death index |
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established or maintained by the vital statistics unit or a local |
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registration official is public information and available to the |
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public to the extent the index relates to a birth record or death |
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record that is public information and available to the public under |
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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 vital statistics unit 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 confidentiality |
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agreement that requires that: |
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(i) the information not be disclosed outside the |
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office of the officer or designee, or within the office for a |
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purpose other than the purpose described by Paragraph (A); |
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(ii) the information be labeled as confidential; |
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(iii) the information be kept securely; and |
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(iv) the number of copies made of the information |
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or the notes taken from the information that implicate the |
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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 150th |
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[75th] anniversary of the date of birth as shown on the record. |
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SECTION 3. Section 552.140(b), Government Code, is amended |
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to read as follows: |
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(b) The record is confidential for the 132 [75] years |
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following the date it is recorded with or otherwise first comes into |
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the possession of a governmental body. During that period the |
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governmental body may permit inspection or copying of the record or |
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disclose information contained in the record only in accordance |
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with this section or in accordance with a court order. |
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SECTION 4. 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, 2023. |