Bill Text: TX HB576 | 2023-2024 | 88th Legislature | Engrossed

---

Bill Title: Relating to the confidentiality of certain autopsy records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-04-26 - Referred to Criminal Justice [HB576 Detail]

Download: Texas-2023-HB576-Engrossed.html

---

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 Subsections (b-1) and (b-2) 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)].
(b-2) A release of a photograph or x-ray described by
Subsection (b) is not considered a release of information to the
public for purposes of Section 552.007, Government Code, and does
not waive the right to assert in the future that the photograph or
x-ray is excepted from required disclosure under this section or
other law.
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.