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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain education, law enforcement, and |
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health records under the public information law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.026, Government Code, is amended to |
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read as follows: |
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Sec. 552.026. EDUCATION RECORDS. (a) Except as provided by |
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Subsection (b), this [This] chapter does not require the release of |
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information contained in education records of an educational agency |
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or institution, except in conformity with the Family Educational |
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Rights and Privacy Act of 1974, Sec. 513, Pub. L. No. 93-380, 20 |
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U.S.C. Sec. 1232g. |
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(b) A governmental body shall release records related to |
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school attendance of a person: |
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(1) who is 18 years of age or older; |
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(2) who is deceased or incapacitated; and |
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(3) against whom an indictment: |
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(A) has been filed charging the person with an |
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offense under Chapter 19, Penal Code, in a mass shooting; or |
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(B) could have been filed charging the person |
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with an offense under Chapter 19, Penal Code, in a mass shooting if |
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the person was not deceased. |
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(c) Notwithstanding Section 65.202, Family Code, truancy |
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records and files created under Chapter 65, Family Code, for a |
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person described by Subsection (b) are subject to disclosure under |
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Section 552.021. |
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(d) In this section, "mass shooting" means a person's |
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discharge of a firearm to cause death to four or more persons: |
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(1) during the same criminal transaction; or |
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(2) during different criminal transactions but |
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pursuant to the same scheme or course of conduct. |
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SECTION 2. Subchapter B, Chapter 552, Government Code, is |
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amended by adding Section 552.030 to read as follows: |
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Sec. 552.030. RIGHT OF ACCESS TO TOXICOLOGY INFORMATION |
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RELATING TO MASS SHOOTINGS. (a) In this section, "mass shooting" |
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has the meaning assigned by Section 552.026. |
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(b) As soon as practicable, but not later than the 180th day |
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after the date a mass shooting occurs, a governmental body shall |
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make public the toxicology reports relating to the mass shooting in |
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the governmental body's possession. |
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SECTION 3. Section 181.006, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 181.006. PROTECTED HEALTH INFORMATION NOT PUBLIC. (a) |
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Notwithstanding Sections 181.004 and 181.051, for a covered entity |
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that is a governmental unit, an individual's protected health |
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information: |
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(1) includes any information that reflects that an |
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individual received health care from the covered entity; and |
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(2) except as provided by Subsection (b), is not public |
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information and is not subject to disclosure under Chapter 552, |
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Government Code. |
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(b) A covered entity that is a governmental unit shall |
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release all records and files for an individual described by |
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Sections 552.026(b)(2) and (3), Government Code, related to the |
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individual's enrollment in a state health plan that receives |
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funding under 42 U.S.C. Section 1397aa et seq. |
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SECTION 4. The changes in law made by this Act apply to |
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information produced or maintained before, on, or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |