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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain archaic information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 552, Government Code, is |
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amended by adding Section 552.0215 to read as follows: |
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Sec. 552.0215. RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER |
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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 75th anniversary of the date |
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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. Subsection (b), Section 201.009, Local |
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Government Code, is amended to read as follows: |
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(b) Any local government record to which public access is |
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denied under Chapter 552, Government Code, including a birth record |
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maintained by a local registrar, is, if still in existence, open to |
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public inspection 75 years after it was originally created or |
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received. However, [a birth record maintained by a local registrar
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is, if still in existence, open to public inspection 100 years after
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it was originally created or received and] a death record |
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maintained by a local registrar is, if still in existence, open to |
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public inspection 55 years after it was originally created or |
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received. This subsection does not limit the authority of a |
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governing body or an elected county officer to establish retention |
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periods for records under Section 203.042. |
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SECTION 3. Subsection (d), Section 159.002, Occupations |
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Code, is amended to read as follows: |
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(d) The prohibitions of this chapter continue to apply to a |
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confidential communication or record relating to a patient |
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regardless of when the patient receives the services of a |
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physician, except for medical records at least 75 [100] years old |
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that are requested for historical research purposes. |
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SECTION 4. This Act takes effect September 1, 2011. |