next of kin get a path to autopsy photos

The text as introduced · 492 words

89R209 AJZ-D

By: Raymond
H.B. No. 155

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, 2025.