By: Toth H.B. No. 1652
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a right of access to certain information after a lapse
  of time.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.0215, Government Code, is amended to
  read as follows:
         Sec. 552.0215.  RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER
  150 [75] YEARS. (a) Except as provided by Section 552.147, the
  confidentiality provisions of this chapter, or other law,
  information that is not confidential but is excepted from required
  disclosure under Subchapter C is public information and is
  available to the public on or after the 150th [75th] anniversary of
  the date the information was originally created or received by the
  governmental body.
         (b)  This section does not limit the authority of a
  governmental body to establish retention periods for records under
  applicable law.
         SECTION 2.  Section 552.115, Government Code, is amended by
  amending Subsections (a) and (d) read as follows:
         (a)  A birth or death record maintained by the vital
  statistics unit of the Department of State Health Services or a
  local registration official is excepted from the requirements of
  Section 552.021, except that:
               (1)  a birth record is public information and available
  to the public on and after the 150th [75th] anniversary of the date
  of birth as shown on the record filed with the vital statistics unit
  or local registration official;
               (2)  a death record is public information and available
  to the public on and after the 25th anniversary of the date of death
  as shown on the record filed with the vital statistics unit or local
  registration official, except that if the decedent is unidentified,
  the death record is public information and available to the public
  on and after the first anniversary of the date of death;
               (3)  a general birth index or a general death index
  established or maintained by the vital statistics unit or a local
  registration official is public information and available to the
  public to the extent the index relates to a birth record or death
  record that is public information and available to the public under
  Subdivision (1) or (2);
               (4)  a summary birth index or a summary death index
  prepared or maintained by the vital statistics unit or a local
  registration official is public information and available to the
  public; and
               (5)  a birth or death record is available to the chief
  executive officer of a home-rule municipality or the officer's
  designee if:
                     (A)  the record is used only to identify a
  property owner or other person to whom the municipality is required
  to give notice when enforcing a state statute or an ordinance;
                     (B)  the municipality has exercised due diligence
  in the manner described by Section 54.035(e), Local Government
  Code, to identify the person; and
               (C)  the officer or designee signs a confidentiality
  agreement that requires that:
                     (i)  the information not be disclosed outside the
  office of the officer or designee, or within the office for a
  purpose other than the purpose described by Paragraph (A);
                     (ii)  the information be labeled as confidential;
                     (iii)  the information be kept securely; and
                     (iv)  the number of copies made of the information
  or the notes taken from the information that implicate the
  confidential nature of the information be controlled, with all
  copies or notes that are not destroyed or returned remaining
  confidential and subject to the confidentiality agreement.
         (d)  For the purposes of fulfilling the terms of the
  agreement in Subsection (c), the Genealogical Society of Utah shall
  have access to birth records on and after the 50th anniversary of
  the date of birth as shown on the record filed with the bureau of
  vital statistics or local registration official, but such birth
  records shall not be made available to the public until the 150th
  [75th] anniversary of the date of birth as shown on the record.
         SECTION 3.  Section 552.140(b), Government Code, is amended
  to read as follows:
         (b)  The record is confidential for the 132 [75] years
  following the date it is recorded with or otherwise first comes into
  the possession of a governmental body. During that period the
  governmental body may permit inspection or copying of the record or
  disclose information contained in the record only in accordance
  with this section or in accordance with a court order.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.